Residents rally in support of proposed agreement

Despite voiced support from Sedro-Woolley residents, the city of Sedro-Woolley has denied a garbage settlement proposed by Skagit County during Wednesday's City Council meeting.

Skagit County suggested the agreement to city officials on Aug. 4.

It requested the city, Skagit County and Sedro-Woolley resident Annie Janicki agree to withdraw the city’s Mitigated Determination of Non Significance, and that all future solid waste locations be approved by the Solid Waste Governance Board at least until 2013 — the year the solid-waste agreement expires between the cities and county.

The settlement also proposed Janicki withdraw the appeal filed regarding her opinion of the city’s review process for the Deluxe building permit.

In the proposal, the county agreed to “intervene in the defense of the settlement” should Deluxe officials pursue legal action against the city.

The deadline to accept the settlement was today at 4 p.m.

The Council chambers was filled with more than 185 residents. Prior to the city’s decision, residents voiced their support for the settlement.
Janicki urged city officials to join the residents’ and county’s support of the proposed settlement.

“The bottom line is nobody has to have that facility across from the (high) school. That’s what we wanted and that’s what we still want...,” Janicki said.
“... I’d rather deal with Deluxe and have an iffy (law)suit than have that garbage (facility) forever... You know everybody in the county is willing to help us if we choose not to align ourselves with Deluxe,” she added.

Sedro-Woolley School Board President Jim Kallio spoke to emphasize the school district’s opposition to locating Deluxe across from Sedro-Woolley High School.

With 1,200 students and staff at the high school, the district is concerned for the potential health and safety issues that could arise from locating Deluxe two blocks from the high school, Kallio said.

“As a school district and school board, we have an obligation to make sure the kids are safe and have a good learning environment,” he said.
Former Sedro-Woolley Mayor Donald “Spud” Walley asked the Council if their votes have represented the consensus of their wards and if they weren’t, they were making a “big mistake.”

“Look in the mirror and ask yourself, ‘do I really want a garbage facility across from the high school?’ If you can say ‘yes,’ something’s wrong and you shouldn’t be on this Council,” Walley said.

The Council, along with city officials, discussed the matter in executive sessions before and after the Council meeting. Councilman Louie Requa recused himself from the decision since his business, Skagit Surveyor and Engineers is working with Deluxe.

When Mayor Mike Anderson announced the city’s decision to deny the settlement, residents who waited to hear the final decision stood in disbelief and were outraged.

“We’re for the people, but there’s litigation,” the mayor said after being questioned about the city’s intentions.

Anderson said after the meeting that an outside attorney met with city officials to discuss possible legal consequences regarding the city’s decision to accept or deny the settlement.

The city was informed if it agrees with the county’s settlement there is potential for legal action for the city, council members and their spouses as well, Anderson said.

“I heard everyone has our back,” he said. “But do they have our back when we get sued individually.”

If the Council agreed with the settlement then they would be inserting themselves in a process where they do not have authority, said City Supervisor and Attorney Eron Berg, after the meeting.

If the city proceeds with the Land Use Petition Act process then the city is not at risk for further litigation, Berg said. The settlement proposed to end one lawsuit, but can potentially open others, he added.

The city proposed a settlement agreement on Aug. 6 to all involved parties. In it, Deluxe would agree not to handle solid waste without approval by the Solid Waste Governance Board; Janicki would dismiss her appeal; and all parties would agree that the Solid Waste Governance Board is the sole decision-making body for solid waste handling facilities through 2013.

Unless a settlement is presented to the city that includes all parties and does not stir additional lawsuits, then the appeal filed by Janicki will proceed to Skagit County Superior Court on Oct. 10, Berg said. A Snohomish County judge will hear the case.