HomeMy WebLinkAboutPublic Works March 6 20011
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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
March 6, 2001
The meeting was called to order at 1:30 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Marlene Dawson None
Dan McShane
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING SPEEDING ALONG FLYNN- EUCLID (AB2001-
062)
Mike Donahue, Traffic Development Engineering Manager, stated this is in
response to a petition received in February. The Engineering Division performed a
traffic analysis on Euclid Avenue. The main concern was speeding and pass -
through traffic. The origin destination study shows that there are 700 cars per day
on Euclid Road.
Dawson asked the normal traffic amount. Donahue stated there are eight to
ten trips per day from each house. He continued to state that they did an origin
destination study. Of the 700 trips, 200 trips were pass through, which is 30
percent. From an Engineering standpoint, that is not exorbitant. The speed limit is
25 miles per hour. The average speed that people are traveling is 40 to 45 miles
per hour. The Engineering Division proposes four things: 1) sheriff deputies to
increase patrol in the area. They will put the reader board up for a couple of days.
On the third day, there will be a team of sheriff deputies to begin ticketing. The
Sheriff's Office will do that two times in March, 2) place one more speed limit sign
for the southbound traffic, 3) move a speed limit sign further to the north, and 4)
stake the rights -of -way on a curve and trim back some trees.
Dawson moved to recommend approval.
Brenner asked what they would do twice in March. Donahue stated the
Sheriff's Office would have the reader board in the area and deputies doing
enforcement two separate times in March.
Carl Reed, 1524 Glen Cove Lane, thanked the County. It's response was
more than they expected.
McShane asked if the bus stop is a city stop or school stop.
Reed stated it is a school bus stop.
Public Works and Capital Projects Committee, 3/6/2001, Page 1
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Bill Freudenberger, 1704 Euclid, stated he was concerned about the speed on
Euclid. There are many blind curves. People driving 60 miles per hour are going to
cause a problem.
Brenner asked administration to consider the idea of putting turtles at that
location. Neighbors say there is a lot of passing going on. Turtles would be helpful.
Donahue stated they are looking at them as a phased approach. If this doesn't
work, they will have to try something else.
McShane asked if there is any signage about the school bus stop. Donahue
stated there is signage in both directions. He had suggested building a wider
shoulder, but the residents were not in favor of it, so he backed off.
McShane stated he was concerned that this approach is only marginally
effective. If so, turtles may be appropriate.
Brenner stated turtles are one of the best cost - effective things they can do.
She asked if turtles could be put across the road. Donahue stated on the
Northshore Road, they created lanes with the turtles, but they were not across the
road because he was told that they couldn't do that legally. He was told that speed
bumps are illegal. Other communities have incorporated turtles into some sort of
traffic calming use. He tends to look at those. He was told that bicycles or two -
wheelers hit the turtles.
Brenner asked to see the state law. Donahue stated he is looking into it as
part of the Technical Advisory Committee (TAC) committee, and they may add it to
the existing road standards.
Motion carried unanimously.
2. SPECIAL PRESENTATION BY ED NIKULA, SANITARY SERVICE
COMPANY, REGARDING RECYCLING IN WHATCOM COUNTY (AB2001-
097)
Brenner stated Mr. Nikula used to work for the Utilities and Transportation
Commission (UTC). He is always at the Solid Waste Advisory Committee (SWAC)
meetings. She is not promoting any one company, but Mr. Nikula is the most
knowledgeable person in the County on recycling.
Ed Nikula, Sanitary Service Company Chief Financial Officer, stated he
started with the company in 1992. He's been keeping statistics on garbage and
recycling tonnage since then. From 1992 to 1996, the garbage tonnage stayed
close to 62,000 tons per year. In 1997, it started going up by 2,000 tons per year.
Almost all of it is attributable to the economy, and is in the commercial sector.
Residential garbage tonnage in the City of Bellingham only increased 1,000 tons in
eight years. Most garbage is coming from the commercial customers, due to the
economy. Last year, they picked up 72,000 tons total.
Public Works and Capital Projects Committee, 3/6/2001, Page 2
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During the same time, recycling increased over 100 percent in tonnage. In
1992, there were 6,500 tons of recycling. Last year, over 13,000 tons of recycling
were picked up. The Sanitary Service Company (SSC) also hauls for customers
who do recycling and has transfer stations, both of which add another 2,000 tons
per year that were picked up. Recycling increased 1,000 tons per year after 1992.
In the middle of 1995, there were funding issues and programs were cut back.
Recycling tonnage was reduced, and in 1995 they had a 750 -ton increase over the
year before. In 1996, there was no increase. During 1996, SSC hired Rod Pemble.
He and Lisa Mucci began doing a lot of promotion work. In 1997, the tonnage went
up over 2,000 tons. In 1998, there was a 1,000 -ton increase. In 2000, the
percentage dropped off again. Last year, they only had a 400 -ton increase. In the
first two months of 2001, they picked up almost 220 tons over the prior year, so
the people are getting back into recycling.
Whatcom County is one of the few programs in the state that picks up many
items, such as motor oil, scrap metal, and auto batteries. They pick up the largest
variety of items. They do a lot more different collections than before. They haul
plastic, paper, wood recycling, and yard waste from businesses and industry. They
see the recycling percentage of residential customers at 28 to 34 percent of what
they collect. Of that percentage, there is a lot of material that needs to be added,
such as recycled appliances or furniture. According to the Whatcom County Solid
Waste Division, last year Whatcom County recycled about 100,000 tons of material.
They also recycle metal and asphalt. The residential total would be much above the
50 percent goal of the state if they added in everything. Many things don't get
counted. The statewide total was 33 percent last year.
Brenner asked if all the statistics are from SSC, except the total recycling
amount of 100,000. Nikula stated yes.
Brenner asked if the reason the recycling levels went up for SSC was because
of the advertising. Nikula stated it definitely works. They aimed the advertising at
commercial customers, but everyone listens to the radio. Promotion of recycling is
very cost - effective.
Dawson asked who gets rid of appliances. Nikula stated Northwest Recycling
or the seller of the new product.
McShane asked what the County could do to increase recycling levels. Nikula
stated promotion is the biggest thing. The County no longer funds the business
audits.
Dawson asked if radio is the best medium for advertising. Nikula stated it
worked well. They need to try different things now. Testimonials from people also
work. It costs money to do recycling, but recycling will save more money overall.
Brenner stated there used to be more types of plastic they could recycle.
She asked Mr. Nikula's opinion of the County promoting more types of things that
could be recycled, residentially, commercially, and industrially. Nikula stated there
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is going to be a business in Ferndale who would make pellet boards out of plastic.
An anonymous person called and was interested in taking the plastics out of the
waste stream. The company is looking in Ferndale, and to pull material from
Canada, Washington, and Oregon.
Brenner asked if changing plastic to another material would create toxic
fumes. Nikula stated he did not know. He knew the plastic is ground up, and he
assumed it is heated.
McShane stated he used to make ski boots out of plastic. The barrels of
plastic are heated to a liquid to the right temperature and then went into a cold
mold. They didn't have any ventilation at all. The temperature of the plastic was
such that he hoped he wasn't exposed too much. It wasn't very hot. The
temperature would vary by about 60 degrees Fahrenheit, depending on what they
were making. Ventilation wasn't an issue.
Nikula stated the biggest problem with adding more materials to the
recycling stream is the size of the truck. As they add more products, they run out
of room.
Brenner asked for information on the different kinds of recycling trucks. If
they have the right kinds of trucks, they pick up more. Nikula stated the trucks
they have now in the City are called Eager Beaver. The driver of those trucks picks
up the recycling bin and dumps it into the truck. In the County, they use a
different truck because there is more room. The driver picks the recycling bins up
and dumps the contents into a tub. Those trucks hold 50 percent more recycling
materials. The idea is to get more tonnage in the truck. For cardboard, they use a
front - loader truck.
Brenner asked where the County got the total of 100,000 tons that were
recycled.
Dick Prieve, Assistant Director of Operations, stated he assumed the total
came from the state Department of Ecology (DOE) or a composite of Mr. Nikula's
work, the work from the toxic's facility, and the rest of the county.
Brenner stated she believed that information about recycling is voluntary.
She asked how they have any idea what the recycling rates are if the information is
voluntary. Prieve stated that is true.
Brenner stated there is a problem if they tell people there are increased
recycling rates if they don't have the information to back it up.
Rod Pemble, Sanitary Service Company, stated there was a change when he
started coordinating the recycling. Radio advertising is effective, but it is more
effective with someone walking in the front door. That is what he did for five years
with the County's waste recycling program. He worked with 1,400 to 1,500
businesses at that time. Larger businesses need someone on site to help the
Public Works and Capital Projects Committee, 3/6/2001, Page 4
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company set things up. They are seeing smaller growth each year because he is
wearing more hats. He used to only concentrate on recycling. Now, he is also the
safety manager, manages the drivers, reviews accident investigations, and does
other tasks. Not as much of his time is available to work with businesses,
especially brand new businesses. He encouraged the County to revisit the idea of
the waste evaluation service. It represented all the recyclers in the county on a
level playing field. It didn't favor one over the other. It provided information and
also gave the businessperson a leg up because he or she didn't have to do the
legwork.
Dawson suggested doing more education with the business when they get a
building permit, through the Economic Development Council (EDC), or through the
Chamber of Commerce.
Brenner stated they need someone to assess the businesses' needs.
Dawson stated that the businesses could be informed of whom to call for
help. Pemble stated he doesn't work in the county or other service areas outside of
the SSC service area.
Brenner stated there is nowhere for the county people to call.
McShane asked the motivation of SSC to hire Mr. Pemble. Pemble stated it
was a mix of factors. Lisa Mucci helped SSC develop perspectives on what it could
be in the future. Diversifying was more valuable to the company. There was a
maturing perspective. Many medium size businesses recycle more materials than
what they throw away. There is a recognition that, as the community grows, there
is more competition for recycling pickup. If there is going to be a new business,
protect the core businesses and realize that there are customers to gain or lose.
Brenner stated the more diverse they are and the more services that are
offered, the more popular they are with the customers. Pemble stated they
recognize that markets go up and down. It depends on the economy. The more
different things they are doing, the better chances of using all the trucks every day,
rather than having trucks being idle.
McShane asked if there are any other recycling programs in the county.
Pemble stated not that he was aware of. No one does his job. Nooksack Valley
Disposal will do what they can, but they don't solicit the service. In spite of the
growth, there are tens of thousands of tons that could still be recycled.
Brenner stated that SSC has a good attitude about what is right. There have
been times in the past when the market sagged, but they have not dropped any
services. SSC has said they don't want to see curbside pickup dropped.
Crawford stated Mr. Pemble came into his place of work and got them
started. Since his business started, they realized there are other things that could
Public Works and Capital Projects Committee, 3/6/2001, Page 5
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be recycled in their business. Their extra recycling doesn't get calculated into their
total numbers. Well over 80 percent of their consumables get recycled.
Dawson asked what people do with pallets.
Brenner stated she made a window seat out of pallet boards.
Pemble stated that some people use them for firewood. Many of them are
made from tropical hardwoods.
Crawford stated his place of work recycles its materials at many different
places.
Pemble stated they are working with the SWAC to coordinate the process of
working with new development projects on the enclosure issues. Information could
be available and handed out at the county. The whole process starts at the job
site. To compliment that, it helps to have someone on the ground. It is difficult for
big companies to hand a pamphlet to a staff person to make it happen. There are
built in obstacles. The school education programs benefit the residential program.
Pamphlets aren't enough. They need people to help the businesses get over the
hurdles. Savings accrue constantly. Programs set up in 1983 are continuing, and
still save the County money. The community has probably saved in the tens of
millions of dollars in avoided disposal costs over the last eight or nine years since
the program.
Brenner stated that RESources is probably the most inclusive and extensive
recycling company for those related issues. She would like to see the County
contract to do that kind of thing. The County used to do it. It is a community
service that is a necessity.
Carl Weimer, RESources, stated that they've been working with the Port of
Bellingham, the Chamber of Commerce, the City of Ferndale, and the City of Blaine
to expand the Pledge Program. The Port would like to start talking also about
recycling with the businesses. Mr. Pemble was involved in that when they did it in
Bellingham. They talked about stormwater, hazardous waste, and recycling issues.
They will hopefully start again if the grant comes through. The main message is
about the water quality issues because that is what the grant funds.
(Clerk's Note: End of tape one, side A.)
Weimer continued to state it would be easy to include information about
recycling since the system is already set up. People will visit these businesses. If
the County wants to throw money into the pot, it would be much more efficient and
cost - effective for the County to invigorate the recycling message. They won't find
out until early summer whether the Centennial Clean Water Grant would come
through. They will find out in June.
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Brenner asked if there are businesses available to do the program if the
County wanted to revisit the program. Weimer stated he thought so.
Dawson stated she liked the idea of coordinating with the Centennial Grant.
They may not need to do it every year.
Brenner stated there are new businesses every year. Weimer stated the EDC
and Chamber talk with new businesses. The benefit of the program is that one
person talks about all the issues at once with the businesses, rather than many
people going into the business, each to talk about a different issue.
(Continued below.)
3. DISCUSSION REGARDING FOOTHILLS RECYCLING (AB2001 -096)
Brenner stated the County got a letter with a suggestion of what the Council
could do on this issue. In the past, the Council voted to send letters to legislators.
This new suggestion is a good idea.
Peter Tassoni, Acme, stated he joined the Solid Waste Advisory Committee
(SWAG) in September 2000. There was discussion that included a request for the
Council to write a letter. Not a lot of things were resolved. He suggested that the
County government call the Environmental Protection Agency (EPA) to remind them
to collect on their citations. The second suggestion was to work with the Nooksack
Tribe and not get caught up in the jurisdictional, territorial things.
Brenner stated the County has a grant writer. There may be more grants
available for clean up if the County joined with the Nooksack Tribe. Apply for
certain grants.
Dawson stated most of the tribes have their own grant writers.
Brenner stated that if the County offers to do in -kind support, they might
have more of a chance in obtaining grants.
Dawson stated she talked to the person at the EPA, and that person is not
doing his job. She met with Rick Larson, who was interested in the EPA's lack of
follow- through. She suggested forwarding Mr. Tassoni's letter to Rick Larson to let
him follow up with the EPA. Get a federal official involved.
Tassoni stated he also tried to contact McCain's staff to get a follow -up on
the law he passed in 1994 setting aside funds for closure of Indian dumps. He
hadn't had a response from them, but congress is in session.
Crawford asked if this place is still in business. Tassoni stated there is stuff
out there.
Public Works and Capital Projects Committee, 3/6/2001, Page 7
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Crawford stated he heard that someone could get this guy to still take stuff.
He asked if the issue is that Foothills Recycling is violating a bunch of laws. The
County Prosecutor doesn't like to prosecute civil cases, but this is not typical. It is
a threat to the Nooksack River.
Brenner stated it is a different jurisdiction.
Tassoni stated it is on trust land, but it is not necessarily trust land that has
been dedicated to the Nooksack Tribe. The responsible entity is the Bureau of
Indian Affairs.
Crawford asked if the Nooksack Tribe would stop the County's enforcement.
Chris Chesson, Environmental Health Supervisor, stated the County has tried
to get something done for many years. The County doesn't have jurisdiction. They
have written many letters to legislators. They've been denied access to the site
several times. The County did a joint inspection with the EPA in 1999. The site is
not pretty. There are a lot of unknown buried materials. It is in close proximity to
the Nooksack River. The EPA is going to do another joint inspection with several
units within the EPA, including their emergency response unit, solid waste unit, and
their National Pollution Discharge Elimination System (NPDES) unit. They hope to
perform that inspection within two to four weeks. They are having access
problems. They are trying to get a signed agreement with the Nooksack Tribe.
They want to get permission to get onto the site.
Crawford asked if the Nooksack Tribe agrees with the County. They all want
to see it stopped.
Brenner stated the Nooksack Tribe says they don't have the jurisdiction. The
County doesn't have the jurisdiction.
Crawford stated that they all want to see it stopped, and questioned where
the conflict comes from.
McShane stated the Nooksack Tribe is a ward of the federal government. It
is not an issue they have jurisdiction over.
Crawford stated that if they are all moving the same direction, he didn't
understand what is stopping them. Also, the fire department won't go out there
anymore. He questioned whether there is a fire issue that the County could
enforce.
Brenner stated it is not the County's jurisdiction. The County can't enforce
anything outside of its jurisdiction.
Dawson stated the Nooksack Tribe is a federally recognized tribe, who
approved this land use eight year ago. Now, the Nooksack Tribe claims they don't
have jurisdiction, even though they approved the land use. It may be because of
Public Works and Capital Projects Committee, 3/6/2001, Page 8
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the cost of the clean up. She suggested finding financing for the clean up. She
moved to follow up with the congressmen, send them a copy of Mr. Tassoni's letter,
and pursue the idea of financing.
Brenner stated she would support the motion, but it might not be enough.
She liked the idea of the County helping to find the funding and offering it up. The
County would act in good faith and be willing to put something into it. She was
concerned about talk of jurisdiction. She would rather try to work together.
McShane asked if Mr. Chesson would be included in the EPA site inspection.
Chesson stated he hoped so.
McShane asked for a report regarding the site assessment. It sounds like the
EPA is attempting to go through the hoops it needs to go through in order to assess
the property. It would be timely to get EPA's assessment of the real risks. Right
now, part of the problem is that they don't know what is out there.
Brenner asked what the EPA did in 1999. Chesson stated the Health
Department requested a walk- through, not an assessment.
Brenner asked what happens after the assessment.
Dawson stated that is why they need the cooperation of the legislators.
Brenner stated it needs to come from the County and the Nooksack Tribe
together. She didn't know that they would ever resolve the issue of who is liable.
The more important thing is the clean up. Chesson stated that might be why the
EPA is trying to pursue a signed agreement with the Nooksack Tribe for access to
the site and an assessment. They could then show it is a cooperative effort.
Brenner stated that saying something positive to the Nooksack Tribe may
loosen up their position on access to the site.
Crawford asked if a federal judge could issue a cease and desist order at the
request of the Nooksack Tribe until the EPA could do its evaluation. Also, he asked
if the County could send a flood person there, understanding that the bank is
eroding in the direction of the dump. The site is on the edge of the eroded bluff.
Prieve stated he hadn't heard that.
Crawford asked if there is an opportunity for the County to participate on the
EPA walk- through, and if so, it would be nice to have a flood person there.
McShane stated the EPA would want to know for their report the risk for
flooding and erosion. Chesson stated that the County water quality people would
also be involved.
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Dawson asked if Mr. Chesson believed that the EPA is doing its job. Chesson
stated that this is a low priority for the EPA.
Dawson restated her motion to write to Congressman Rick Larsen, who
seems to be interested in the issue. Copy the letter to the other federal officials.
Suggest that there might be federal funds available, and ask for an update.
Brenner offered a friendly amendment to the motion to send the letter also
to the other congress people. Also, write a positive letter to the Nooksack Tribe
that the County wants to work with them, would provide some in -kind services, and
work toward obtaining federal and state grant money to help clean up the site.
That is a good idea.
Dawson accepted the friendly amendment. Look for federal money first. If it
is not available, then look for state funding.
Brenner stated look for all funding that is available.
Dawson accepted the friendly amendment, although it is better to focus on
one individual rather than all the congress people.
McShane stated they should write a letter to the EPA directly, and copy it to
the congressman. The request really is to the EPA. Write a separate letter to the
congressmen asking them to track the EPA response. Give someone an opportunity
to do what they hope they will do before tattling. Keep the tone positive.
Brenner stated she would work on the letter.
McShane suggested that they give staff the opportunity to look at the letter
before sending it out.
Brenner stated she would give it to Mr. Chesson. She supported the idea of
sending the letter to the EPA, and then a separate letter to the congressmen
requesting that they track it.
Dawson accepted that friendly amendment.
Brenner suggested also sending a letter to the Nooksack Tribe that is
positive.
Dawson accepted the friendly amendment.
Carl Weimer, RESources, stated people who've been on site stated it is clear
that the business is filling wetlands. Wetlands are not EPA jurisdiction, but they are
Army Corps of Engineers' jurisdiction. Request that the Corps participate. That
may be the easiest way to shut them down.
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Brenner suggested a friendly amendment to send a letter to Corps requesting
them to participate in the assessment.
Dawson accepted the friendly amendment.
Motion carried unanimously.
2. SPECIAL PRESENTATION BY ED NIKULA, SANITARY SERVICE
COMPANY, REGARDING RECYCLING IN WHATCOM COUNTY (AB2001-
097)
(Continued from above.)
Brenner moved to recommend to the full Council that the Solid Waste
Advisory Committee (SWAG) look at the idea of starting up the old program for the
business recycling program.
Motion carried unanimously.
OTHER BUSINESS
Brenner stated she's had complaints about two intersections, one at Noon
Road and Smith Road on the northeast corner. It is a blind corner.
Dick Prieve, Assistant Director of Operations, stated it is not a blind corner if
the person stops at the stop sign. A driver has to stop before he or she proceeds
because there is a house sitting there and there are shrubs.
Brenner stated she got a call from an elderly woman who drives slowly.
Prieve stated he would work with the public.
Brenner stated the other intersection was at Hemmi Road and Hannegan
Road. She would find out more information, and schedule an update on the two
intersections for the next Public Works Committee meeting in two weeks.
Brenner stated people in Ferndale oppose and are appealing the City of
Ferndale decision to make Comprehensive Plan amendments to approve a mall at
the edge of the City /County border. Her concern is about impacts on Axton Road.
She found a state law that says there must be coordination if a Comprehensive Plan
change is on the border. Planning Division Manager Sylvia Goodwin said that there
has been no coordination. They only have a certain length of time to appeal.
When this was brought up before the Ferndale City Council, Jerry Landcastle,
who has more land use and real estate experience than anyone else on the City
Council, brought up issues about traffic impacts. He felt it needed an
environmental impact statement (EIS). They didn't do an EIS. They did a
mitigated declaration of non - significance. Any monies from that mall would go to
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the City of Ferndale, but the impacts would be to the County. The County would
not have any money to do road repairs. They have 60 days to respond. She would
schedule an update for the next Public Works Committee in two weeks.
ADJOURN
The meeting adjourned at 2:50 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Capital Projects Committee, 3/6/2001, Page 12