The URL can be used to link to this page

Home My WebLink AboutCorrespondence - Public WorksSam Castro C.P.0 Grant County Pubtic Works Director From: Katharine W. Mathews < I<wm at hews @g ra_ntco u ntywa.gov> Sent: Wednesday, March 31.,20213:43 PM To: Samuel Castro <scastro@grantcountywa.gov> Subject: RE: Solid Waste Free Dump Days Sam, As we discussed just now, a gift of public funds prohibited by Article 8, section 7 of Washington's constitution occurs when there is "a transfer of property without consideration and with donative intent." Louthan v. King Cy., 94 Wash.2d 422, 617 P.2d 977 (1980) (and a whole bunch of other cases). There is no unconstitutional gift if the public receives sufficient consideration and benefits to individuals are (1) only incidental to, and (2) in aid of, the public benefit. Seaboard Surety Co. v. Ralph Williams' Northwest Chrysler Plymouth, Inc., 81 Wash.2d 740, 746, 504 P.2d 1139 (19'73); City of Tacoma v. Taxpayers of City of Tacoma, 108 Wn.2d 679, 705, 743 P.2d 7932 806 (198'7) (and a bunch of others). Grant County's program, however, directly benefits the individuals who take advantage of the "free dump days". to dispose of waste of all kinds, including hazardous waste dumped along with household garbage. As you point out, many of these people anticipate the free dumping opportunity and save up an entire year's waste to avoid paying any garbage or landfill fees. Although I have no figures to back up this assumption, I assume the benefit to Grant County's "public" from a cleaner landscape is far outweighed by individual benefit to participants who avoid paying for garbage service, often abusing the program (and adding to the County's costs) by including toxic waste. Also, a year's -worth of waste has to accumulate somewhere. Although it's nice to experience neighborhoods free of strewn garbage, code enforcement can provide targeted relief. I understand Grant County's program is "funded" entirely by lost revenue to the landfill, with considerations similar to those outlined by Lewis County in its request for information regarding its free disposal voucher program. Grant 3 County's landfill is intended to be self-supporting but is not. Annual revenues are currently insufficient to cover operating costs, a situation not expected to improve in the near future. This lost revenue must be included when contemplating rate hikes, an unquestionable detriment to the general public. All members of the public who use garbage service end up subsidizing those who, once a year, get to dump for free. While it is possible this situation might not strictly qualify as a "gift of public funds," it's certainly in the same arena. It is, at the very least, a misuse of public funds to provide free landfill disposal when the funds must come from somewhere other than landfill revenue or through rate hikes affecting all County residents. Did I cover everything? V,atc KATHARINE W. MATHEWS Civil Deputy Prosecuting Attorney Grant County Prosecutor's Office PO Box 37 Ephrata WA 98823 (509)'754-2011 e-mail: kwmathews(&fzrantcountvwa.gov tv -4; IT o The contents of this e-mail message, including any attachments, are intended solely for the use of the person or entity to whom the e-mail was addressed. It contains information that may be protected by attorney-client privilege, work - product, or other privileges, and may be restricted from disclosure by applicable state and federal law. If you are not the intended recipient of this message, be advised that any dissemination, distribution, or use of the contents of this message is strictly prohibited. If you received this message in error, please contact the sender by reply e-mail. Please also permanently delete all copies of the original e-mail and any attached documentation. Please be advised that any reply to this e-mail may be considered a public record and be subject to disclosure upon request. Thank you,.,,__ From: Samuel Castro <scastro@grantcountywa.-gov> Sent: Wednesday, March 31, 20211:56 PM To: Katharine W. Mathews <kwmathews_@_grantcountvwa.gov> Subject: Solid Waste Free Dump Days Hi Kate, The county has historically allowed free dump days. Cities sponsor the events and the garbage is brought to the landfill and all fees have been waived. In my opinion this is gifting of public funds. Based on this I have discouraged this practice this year. Can you please clarify this forme. If this is not gifting of public funds I will continue past practices. I have also solicited the Washington Association of County Solid Waste Managers for input. Respectfully, 4 Barbara Vasquez From: Robert Jones Sent: Thursday, April 1, 2021 8:11 AM To: Tina Jewell; Rick Rodriguez; Barbara Vasquez Cc: Melissa Bethel Subject: Re: Solid Waste Free Dump Days Rick, I will dig deeper. We commissioners are looking for a solution, as you saw you are not the only city asking, but as of right now I will keep you updated on that. I had sinus surgery and am not in the best state to respond at all times so if it takes a while forgive me and for spelling too ... it looks good going out :). I am going to attach Barb to these to make sure an answer is found and followed up with. Tina, yes please let me know that and we can reach out if needed as well. Rob Get Outlook for iOS svii/��/,vJ.v.�av�i�/�///ix�r-✓.ods.��///��.-��i�zr��i�//oto///�r/�i.�//��a'?,psi/.oiair//.v-�.zbimay.�/.�/�.i�.�/,�a.v///div/�r�iv/��.�2zflazz�y�gi�,v�/��.-�z/.�sr��7A.�i�xr�,�3��mva//.�?.�?six,q'�,rv�'i.�.civ//i.�z�%��,��z�r�.��/�/�a��iroa�/�/.��/�z From: Tina Jewell <tjewell@cityofml.com> Sent: Thursday, April 1, 20218:01:56 AM To: Rick Rodriguez <rrodriguez@cityofml.com>; Robert Jones <rjones@grantcountywa.gov> Cc: Melissa Bethel <mbethel@cityofml.com> Subject: RE: Solid Waste Free Dump Days I would assume not, I can call Wenatchee to find out how they get around this issue. From: Rick Rodriguez <rrodriguez@cityofml.com> Sent: Thursday, April 1, 20217:54 AM To: Robert Jones <rjones@grantcountywa.gov> Cc: Melissa Bethel <mbethel@cityofml.com>; Tina Jewell <tjewell@cityofml.com> Subject: Solid Waste Free Dump Days So I read that it is not gifting of public funds, however, it is a misuse of public funds. So am I safe to assume there will not be a free dump day? Rick Rodriguez Code Enforcement Officer Community Development 519-764-3753 rrodriguez@cityofmi.com On Mar 31, 2021, at 21:23, Robert Jones <r'ones rantcount wa. ov> wrote: Hey Rick, Sorry for the delay. This has been making its rounds through public works and the legal departments of the county. Below is additional info. Give me a call if you would like to talk. Respectfully, Rob Jones Commissioner, District No. 2 Grant County, Washington, USA PO Box 37 Ephrata, WA 98823 509-754-2011 ext 2901 www.g_rantcountvwa.�ov. From: Samuel Castro <scastro @Erantcount wa. ov> Date: Wednesday, March 31, 2021 at 4:10 PM To: Katharine W. Mathews <kwmathews rantcount wa. ov>, Garth Dano < dano rantcount wa. rov> Cc: Samuel Dart <sdart rantcounfi wa. ov>, Cindy Carter <ccarter rantcount wa. ov>, Danny E. Stone <destone@ grantcountVwa.gov>,, Robert Jones <r'ones rantcounfi wa. ov>, Barbara Vasquez <bvas uez rantcount wa. ov> Subject: RE: Solid Waste Free Dump Days Kate, I appreciate the expedient response. This supports the actions we have taken this year. I was contacted by Royal City today requesting the letter from the State Auditor. The county was not audited in this area yet. I explained that I was avoiding a finding. We have not been issued any findings for our past practices and I'm hoping to keep it that way. You did a very thorough review of this issue. I truly appreciate your expertise and continued support! Pa Sam Castro GP.O Grant County Pu6Cic 'Works Director