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HomeMy WebLinkAboutPublic Works May 20 20081 1 WHATCOM COUNTY COUNCIL 2 Public Works and Safety Committee 3 4 May 20, 2008 5 6 Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the 7 Council Chambers, 311 Grand Avenue, Bellingham, Washington. 8 9 Present: Absent: 10 L. Ward Nelson None 11 Laurie Caskey- Schreiber 12 13 Also Present: 14 Carl Weimer 15 Sam Crawford 16 17 18 COMMITTEE DISCUSSION 19 20 1. DISCUSSION AND UPDATE ON POINT ROBERTS SOLID WASTE AND 21 RECYCLING PROGRAM (AB2008 -210) 22 23 Frank Abart, Public Works Department Director, submitted information (on file) to 24 update the committee. He read the issue statement and types of services and options. 25 26 Crawford asked if the Washington Utilities and Transportation Committee (WUTC) 27 also mandate whether the service exists, or only oversees the service if the service does 28 exist. He asked if the WUTC has a say in whether or not they even have the curbside 29 service. Abart stated the WUTC doesn't decide if the curbside pickup service exists. 30 31 He continued to read through the handouts, including the summary of details and 32 the level of service discussion options. 33 34 Brenner stated that there may not be an increase in fees. She asked if the County 35 could still lease the transfer station for a drop off service. Abart stated that they could lease 36 the station to the provider. 37 38 Abart stated that now is the time to discuss a potential change in the level of service, 39 so the change can be communicated to the WUTC. 40 41 Caskey- Schreiber stated she would like to have curbside recycling pickup service in 42 Point Roberts. She is willing to request bids from other providers. Abart stated that 43 whoever the WUTC selects for the solid waste pickup is also required to provided curbside 44 recycling. He asked if the Council recommendation is to deviate from that. 45 46 Caskey- Schreiber stated she wants one provider for both services. Abart stated 47 they've done what the County is allowed to do per the County Code. Now it's up to the 48 WUTC to set a hearing and have a discussion. 49 50 Brenner stated the Council needs to talk with the attorney. Being out of compliance 51 with the County means the provider is also out of compliance with the State. Even without 52 a hearing, the County should be allowed to takeover the service. 53 Public Works and Safety Committee, 5/20/2008, Page 1 Crawford stated there has been a lot of emotional debate with Mr. Wilkowski about what is and isn't right and what works and doesn't work. Don't get into that. He asked if a potential vendor can make a case to the WUTC about what it costs to provide the service and the reasonable level of profit for the business. He asked what has gone wrong. He asked if it is possible to viably do this service in Point Roberts. Abart stated it is possible. Crawford asked why they don't just go with the status quo and see what happens. Abart stated there are variables in Point Roberts aside from the geographic location. Brenner stated that it's probably not a full -time business, but someone with a franchise can probably make it cost - effective. Mr. Wilkowski has tried to make it a full -time business, but it hasn't worked out. Crawford stated he doesn't care if it's full -time or part-time. He thought the job of the WUTC is to analyze what it takes to get the job done in a competitive environment, and then set rates accordingly. Brenner stated that's not what it is. The other companies can't do anything without infringing upon an existing utility. The County can't do anything until Mr. Wilkowski resigns. Weimer asked if the County can see whether the other companies want to charge as their rate and then, if necessary, changes its rules to go back to self -haul. Abart stated the County doesn't control the rates. The County may make a recommendation on the level of service. Weimer stated he would like the existing level of service. He would like to see a bid from another company to find out what it will cost. If he doesn't like that cost, the County can change its rule. The County is also out of compliance with County law. Part of the County law says that everyone is supposed to have garbage pick -up. There are 2,000 residences in Point Roberts, and only 500 of them are signed up for service. Part of Mr. Wilkowski's problem is that people who are supposed to pay for service aren't, and the County isn't forcing its regulations by making those 1,500 residences get service or exemptions. Those people in Point Roberts don't have exemptions. Abart stated they would have to hire several staff to get the exemption process underway. Brenner stated they don't need several staff for 2,000 residences. Abart stated they would have to enforce countywide. Brenner stated they have to start somewhere. Point Roberts is the perfect place to sta rt. Caskey- Schreiber asked if a Canadian provider is working in Point Roberts. Abart stated he doesn't know. A Canadian citizen can take their garbage across the border when going home. Canada includes the solid waste fee in its property tax base. Brenner stated an exemption is an important option for people who want to be responsible for their own garbage. Nelson stated the service isn't County service. It only makes the regulations. Exemptions only have to do with the haulers. Don't imply that the County provides the service. Public Works and Safety Committee, 5/20/2008, Page 2 1 2 Brenner stated the County, not the hauler, provides the exemption. A huge 3 percentage of the people in Point Roberts are Canadian, so they are allowed to take their 4 garbage into Canada. 5 6 Crawford asked why this problem isn't at Lummi Island, Glacier, and other remote 7 areas. 8 9 Weimer stated they do have that problem. The County doesn't know what 20,000 10 County residences are doing with their garbage because they don't have exemptions and 11 aren't on garbage service. 12 13 Brenner stated Lummi Island is served by a professional service. 14 15 Caskey- Schreiber stated Mr. Wilkowski has come before the Council and said he can't 16 make a living or profit doing all of it. That's why he's elected to cut back his service. That's 17 the real stalemate. 18 19 Brenner stated the next step is to meet with legal counsel to discuss legal issues. 20 21 Crawford asked if the committee is not going to make a recommendation to the full 22 Council, and if no action is needed. 23 24 Brenner stated they could work with the WUTC. 25 26 Crawford stated get clarification of the WUTC process quickly. 27 28 Brenner stated it won't happen. The WUTC hasn't been dealing with this issue. 29 30 Caskey - Schreiber stated work with the administration to write a letter to the WUTC 31 to ask for a provider that can provide services at the current level of service, and if the 32 WUTC doesn't help the County do that, the County will have to take legal action. 33 34 Crawford stated he thought the WUTC was responsible to make sure the County 35 mandate happens. 36 37 Brenner stated it is responsible for that, but it hasn't done it. 38 39 Caskey- Schreiber stated this may motivate the WUTC to allow Mr. Wilkowski to raise 40 rates or allow the County to find another provider. 41 42 Brenner stated the WUTC should not operate in a vacuum about whether this guy 43 can raise rates. . 44 45 Weimer stated the WUTC enforces the level of service the County mandates. The 46 WUTC hasn't done that, and is supposed to schedule a hearing on why Mr. Wilkowski is not 47 providing the correct level of service. The letter could. encourage that hearing to find out 48 what is happening. 49 50 Jack Weiss, resident, stated he is a former solid waste employee for the County. He 51 set up this solid waste program for the County. If the County writes a letter to the WUTC 52 and withdraws the certificate, Point Roberts becomes an open area. The reason other 53 remote areas work is because they are larger areas and serve other areas. Public Works and Safety Committee, 5/20/2008, Page 3 If Mr. Wilkowski can't service the area, the County can challenge it. The County can ask the WUTC to withdraw the certificate, and the area opens up. The other haulers bid out and request to service the area. Crawford asked if the WUTC has started that process. He asked if Mr. Wilkowski has asked to withdraw his certificate. Abart stated Mr. Wilkowski's letter says that he will probably not continue service after October 31, 2008 unless something changes. It wasn't a definitive withdrawal. Caskey- Schreiber moved to request that Mr. Abart draft a letter to the WUTC strongly requesting that the WUTC hold the hearing as soon as possible so the County can continue the level of service. The letter, once drafted, can come to the Council for approval. Abart stated he would like legal counsel to review the letter also. Motion carried unanimously. Brenner moved to recommend that the Council Chair would approve the wording and sign the letter. Motion carried unanimously. COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. RESOLUTION ESTABLISHING A PEAK OIL TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE CONSEQUENCES OF DIMINISHING ENERGY RESOURCES ON WHATCOM COUNTY AND THE CITY OF BELLINGHAM (AB2008 -200) Crawford explained this item and the next item. There is a third version that melds these two resolutions. (Clerk's Note: this item and the next item were discussed together.) Brenner stated that she is fine with Councilmember Weimer's version, but this title better - defines what they're talking about. They're not talking about just peak oil. They're talking about all kinds of fossil fuels. Weimer stated groups have been meeting since last year about this issue. The City Council passed a similar thing last night. Jack Weiss, Bellingham City Council, stated the City Council passed a peak oil resolution. It was the original resolution, similar to Councilmember Weimer's version. He presented the melded version of the ordinance verbally to the City Council, but the council members felt uncomfortable with passing that particular version because it was presented verbally. If it turns out that the two are conflicted, the City Council is willing to work with the County Council to negotiate language. They don't want to give the task force a conflicting message. The most important thing is the task force's results. Crawford stated the task of the task force is to talk about local plans and solutions for meeting high cost petroleum products, not to determine whether or not they've reached Public Works and Safety Committee, 5/20/2008, Page 4 peak oil. Start working on local constructive ideas about how the community can act responsibly and appropriately in a world with a changing energy situation. Weiss stated he agrees that they won't debate peak oil. Crawford stated a title that includes the label "peak oil" will divide the community. It is a phrase that is very contentious. His proposal changes that language. Caskey- Schreiber stated she's fine with the modified version of the resolution. Certain phrases have political connotations, for whatever reason. It's more important to get the right scope and .purpose rather than the right wording. Nelson moved to recommend approval of the compromise version (on file). He doesn't have a problem being prepared, but they do a disservice by scaring people. John Rawlins, Whatcom Community College Instructor, gave a presentation (on file) and explained his sources for information. (Clerk's Note: End of tape one, side A.) Rawlins continued to read his presentation on the world conventional oil supply now in decline, the 30 counties producing half of the world total, the origin of the Carter Doctrine, and world net exports peaked two years ago. Motion carried unanimously, (Clerk's Note: Nelson left the meeting at 2 :35 p.m.) Rawlins completed his presentation. Weimer stated they need to talk about how they are going to pay for this task force. It should be a self- funding group. The City may be willing to take on some coordination costs. The City may also have $15,000 from the emergency management system. The City may look to the County to match that amount. They could ask the County's Conservation Resource Analyst Christina Reeves to work with the task force. Brenner stated talk about it during the budget process. Caskey- Schreiber stated ask Executive Kremen to put Christina Reeves on this issue. She would be a great liaison to this task force and how the County could play a role in policy changes. Weiss stated the other resource is Andy Day, Assistant Fire Chief, who will also help with this. 2. RESOLUTION ESTABLISHING AN ENERGY RESOURCE SCARCITY TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE CONSEQUENCES OF A POTENTIALLY DYNAMIC MARKET FOR ENERGY RESOURCES ON WHATCOM COUNTY AND THE CITY OF BELLINGHAM (AB2008 -200A) See the above item for discussion of this item. Public Works and Safety Committee, 5/20/2008, Page 5 OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 2:45 p.m. Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works and Safety Committee, 5/20/2008, Page 6