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HomeMy WebLinkAboutres1997-069WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1997 - 113 A CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: County Council 11/12197 11/18/97 Natural Resources/Counci Division Head: Dept. Head: Prosecutor: Budget: Executive: SUBJECT.- Resolution endorsing Water Resources Management Council as proposed by COG ATTACHMENTS Resolution SUMMARY STATEMENT.• Related County Contract #: Should the Clerk schedule a hearing? (Y/1) N Requested Date: RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 1997 - 113 A 11 /18/97: Amended & approved 7 - 0. Res. #97 -069 Related File Numbers: Ordinance or Resolution Number (this item only): 4�es_ �a- �-o0 waterm.nlo SPONSORED BY: Consent PROPOSED BY: Sutter INTRODUCTION DATE: 11/18/97 RESOLUTION NO. 97 -069 ENDORSING THE WATER RESOURCES MANAGEMENT COUNCIL. AS PROPOSED BY THE WHATCOM COUNTY COUNCIL OF GOVERNMENTS WHEREAS, on June 17, 1997 the Whatcom County Council adopted Resolution 97 -030, supporting the formation of a vehicle to develop and implement a coordinated County -wide Water Resources Management Strategy; and WHEREAS, the Whatcom County Council of Governments (COG) has developed a proposal for said vehicle to be named the Water Resource Management Council; and WHEREAS, said proposal meets the requirements of Resolution 97 -030; and, WHEREAS, in planning for the 1998 budget the administration has set aside $32,927.00 as its share toward funding the Water Resources Management Council upon its implementation. NOW THEREFORE BE IT RESOLVED that the Whatcom County Council hereby endorses and supports implementation of the "Proposal for a Water Resources Management Council' as presented by COG under the following conditions: 1. That the WAC decision making process be amended as suggested in a memo dated November 6, 1997 from Skip Richards to "Participants of the October 8, 1997 meeting regarding the WAC/FC decision making process "; 2. That the six month review of the Whatcom Resource Management Council be done. %y the legislative bodies of each general purpose government participating on the Full Council. 3. Review by the County Council of the membership and protocol of the membership of the WAC and the Full Council. BE IT FINALLY RESOLVED, that the Whatcom County Council shall approve interim funding in the amount of $4,761.00 as requested in Task Order #14. APPROVED this 18 day of November , 1997. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON n- avis, a Coun it L. Ward Nelson, touncilthair 1WRI 40MIAZZ MOM WF-ffld 1VA-16 Civil Deputy Prosecutor Proposal for a Water Resource Management Council (WRMC) Prepared by Whatcom County Council of Governments October 23, 1997 This proposal was approved by the WCCOG Full Council at a special meeting held October 23, 1997. This version of the proposal is being distributed to -the appropriate councils of each WCCOG Full Council member, Water User's Steering Committee members, and other interested parties. This proposal is a living document and it will continue to evolve. This proposal is not intended as the definitive answer to resolution of all Whatcom County water issues. The intent and purpose of the proposal is that a process begin that will provide a local forum and a vehicle for resolution of all water issues. The Water Resources Management Council and associated system suggested in this proposal can provide a wellspring of cooperation, innovation, and resources to fix local water problems with - locally designed solutions and assistance from state and federal agencies. This proposal provides a starting point that can lead to successful local management of water supply and use. The success, or failure, of this or any other technique depends on the community's commitment to solving water - related problems that continue Ito afflict this region. C: \WATER \WRMC Proposal w Oct 23 FC revised.docLast printed 10/29/97 2:24 PM 1 I. RATIONALE 2 3 It is widely recognized that water, and the many aspects of quantity, quality, 4 and rights associated with it, is central to the health and economic well s being of the citizens of Whatcom County. In addition, fish and wildlife 6 habitat, as well as flooding hazard reduction, are among the issues needing 7 attention. Some of these issues are clearly contentious. Local, state, 8 federal, and tribal government entities; water purveyors; farmers; and local 9 citizens maintain varying perspectives on water issues. 10 11 At times, these interests may be at odds with one another. Currently, there. 12 is no regionally recognized, central forum for issue coordination or resolution. 13 In addition, there is no central "clearing house" for a citizen to get answers 14 for water related questions. Both are needed, timely, and appropriate. The 15 goals for such a water forum must include an action - oriented agenda. 16 17 Should WCCOG lead a Whatcom Water Resource Management Council? 18 19 1. A 1995 WCCOG survey of community leaders and planning professionals identified 20 water.as the top priorityfor future WCCOG leadership efforts. 21 22 2. Chapter 36, Laws of 1959 as amended and, Chapter 84, Laws of 1965, authorize and 23 allow Councils Of Government to lead regional programs intended to complete 24 research concerning the resources of the county, and to formulate plans for 25 conservation of such resources. The enabling legislation also calls for cooperation 26 with other commissions, the state, and with other public and private agencies of the 27 county, state, and United States in planning, conservation, and development. 28 .29 3. Through the authority granted under more recently enacted federal and state 30 regulations, WCCOG manages federal and state program and grant monies, and is 31 familiar with operational processes as well as reporting and record - keeping 32 requirements. Other existing or new organization(s) may not be eligible for such 33 grants and/or unfamiliar with precise and extensive procedures for federal or state 34 grants management. 35 36 4. WCCOG has extensive expertise and experience in facilitating a broad spectrum of 37 public and private groups. 38 39 5. WCCOG maintains the technology and expertise for development and maintenance of 40 graphic portrayal of systems, maps, models, and charts. 41 42 6. Through the WCCOG, the desired outcome of this process will be reached without 43 adding additional layers of bureaucracy. 1 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 C: \WATER \WRMC Proposal w Oct 23 PC revised.doc II. GENERAL RECOMMENDATIONS z The mission of the Water Resource Management Council is to develop and commit to implementation of a comprehensive management strategy to protect, sustain, preserve and foster the provision of safe, clean water for all "beneficial uses" (as defined in RCW 90.54.020 (1). The key to success of this process is the coordinated activities of the Water Advisory Committee (WAC) and successful integration of its initiatives into overall water - resource management. The most beneficial actions will take place if law- and policy- makers are willing to exercise their authority in consultation with local entities, and in ways that are best suited to local needs. The effectiveness of the organization has been, and will be, dependent on inclusive participation of all interested persons and entities. • The process should include the broadest possible representation of organizations and individuals affected by any water - related decisions. 62 A structure similar to that of the Whatcom County Council of 63 Governments, and using part of the existing WCCOG structure, appears 64 to be an effective organization to most nearly meet the needs identified 65 by the Water User's Steering Committee and others. 66 67 • The process must be action- oriented and focus on .decisions and actions 68 designed. to reach cooperative solutions to existing and anticipated water 69 quality and quantity issues including, but not limited to, in- stream flow, 70 fish-habitat and flooding. 71 72 • There shall be regular review of the functioning of -the WRMC process. 73 To determine if procedural changes are necessary, reviews will occur 74 every six months. 75 76 III. ORGANIZATION 77 78 Under this proposal, the Whatcom Water Resource Management Council 79 (WRMC) is comprised of two bodies. The proposed membership of these 80 bodies is described below. 81 82 • Water Advisory Committee (WAC) An all- inclusive structure 83 comprised. of interest groups, agencies, technical representatives, 84 and elected officials (Full Council). 85 86 C: \WATER \WRMC Proposal w Oct 23 EC revised.doc 3 87 Full Council (FC) The Full Council, for purposes of the WRMC, 88 includes the same jurisdiction representatives as the WCCOG Full 89 Council with the exception that non - voting and non - jurisdictional .90 members, such as ex- officio members and water purveyors, will 91 abstain from water resource discussions and votes. 92 93 • Additionally, a Government to Government Link (GGL) shall be 94 available to accommodate direct communication between Native 95 American tribal interests and local, state, and federal governments. 96 97 IV. OPERATION 98 99 Water Advisory Committee (WAC) 100 101 General WAC 102 103 This is the main forum for water issue coordination and resolution. The 104 Water Advisory Committee must, therefore, represent the broadest possible 105 community. Spokespersons for all water interest groups should be 106 participants on the WAC. This committee should be highly inclusive and, 107 therefore, will be quite large. Membership in this committee will likely 108 fluctuate somewhat over time. Interest groups, Native American tribal 109 representatives, representatives from Washington State agencies, 110 representatives from federal agencies, and water districts and associations 111 would also play essential roles as members of the WAC. A WCCOG Water 112 Coordinator facilitates the committee. 113 114 Members of this Water Advisory Committee are affirmed by the WRMC Full 115 Council and should be required to submit a resume, disclose whom they are 116 representing and what their goals are, and agree to a set of ground rules. 117 Participation on the WAC is strictly limited to parties with local, regional, or 118 state basis or affiliation. 119 120 Technically oriented water specialists from the county and its cities, PUD #1, 121 water districts and associations, and technical representatives from state and 122 federal agencies should also participate as members of the WAC. Technical 123 members are either designated by their respective public, or private, 124 . organizations, or they may be members at large. These "technicians" are 125 responsible for forming .a technical sub -group within the WAC to advise 126 fellow WAC members and other sub - groups , and the Full Council on 127 technical aspects of water - related issues. Any member of this technical sub - 128 group should meet minimum experience or educational criteria as determined 129 by the WAC. These criteria.would be in addition to the basic WAC eligibility 130 criteria as defined in the previous paragraph. C: \WATER \WRMC Proposal w Oct 23 FC revised.doc 131 132 Responsibilities and Duties of the WAC 133 134 The Committee advises the Full Council from a broad range of perspectives. 135 With the help of a Water Coordinator, the WAC must internally develop its 136 own internal structure, protocols and procedures. 137 138 The WAC is the forum for consideration of all aspects of water supply and 139 use. The.WAC, once procedures have been established, must continue to 140 move ahead in its deliberations and recommendations to local government, 141 and avoid becoming mired in aspects of water that might not be within the 142 Committee's ability to resolve. 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 All recommendations to the FC by the WAC for specific actions should be accompanied with an implementation plan including who, how, where, and how much aspects of those actions. 4 All WRMC policy recommendations either originate with, or are approved by, the WAC. Additionally, the WAC may choose to move ahead on items not requiring policy decisions from local governments. An example of this is implementation of a riparian habitat restoration program., requested by a local group, and using a combination of public and private funds managed by either a WAC sub - group, or by the WCCOG Water Coordinator, with permission from the FC. Decision Making by the WAC Consensus, defined as-the absence of negative votes, is the most desirable method of decision - making for this body. If the WAC achieves consensus on a matter, it shall be forwarded to the Full Council, which may either adopt the proposal as it is, or refer the matter back to the WAC for further consideration. The Full Council may not, however, modify consensus -based WAC proposals on its own initiative and subsequently take action on the modified proposal. If consensus can not be reached, majority /minority reports will be submitted through the Full Council (see FC below). The FC is an additional decision - making tool available to the WAC. If the WAC is unable to reach either a consensus or a majority position on a given issue, the FC shall be, at the discretion of the entity bringing the issue forward to the table, used as a voting body to resolve that issue. C: \WATER \WRMC Proposal w Oct 23 FC revised.doc 5 176 Full Council (FC) 177 178 General FC 179 180 For purposes of the WRMC, the Full Council consists of WCCOG Full Council 181 members except those members that are not elected officials. Those 182 WCCOG Full Council members not representing jurisdictions, such as water 183 purveyors, will abstain from discussions and any voting on water - related 184 issues. 185 186 Responsibilities and Duties of the FC 187 188 The Full Council's primary task is to consistently relay WAC and the Full 189 Council's own decisions and recommendations for policy and action ,to the 190 appropriate local governments, such as the county and its cities, and to state 191 and federal agencies when appropriate. Local governments should then 192 implement the decisions and recommendations or return them with their own 193 proposals. If WAC /FC recommendations are not implemented, feedback 194 from the individual jurisdiction is required to close the process loop. The Full 195 Council has responsibility for actions and recommendations of the WRMC. 196 197 The FC functions as part of the WAC. FC presence and participation in 198 discussions will enable clear communication between the FC and the WAC 199 as well as intimate knowledge of all issues. 200 201 The Full Council also makes administrative decisions and has oversight 202 responsibility for administration of the water - related functions of the 203 WCCOG. The FC implements non - policy recommendations of the WAC, 204 administers operation of WRMC processes including grant application, 205 processing, and accounting. The WRMC FC, under current law, has no 206 statutory authority, and, therefore, can not create or enforce public policy. 207 208 The FC develops and adopts the preliminary budget. Once that budget is 209 adopted, the FC controls expenditures in accordance ,with the approved 210 budget. 211 212 When authority is granted by affected jurisdictions through their Full Council 213 representatives, the FC approves contracts between WCCOG and other 214 agencies, purveyors, and sub - contractors. Contracts approved in this way 215 include grants, work financed through grants, public- private partnerships, 216 and any other work related agreements found to be in the best interest of 217 the region as determined by the respective councils or commissions of 218 affected jurisdictions. 219 220 The FC also resolves procedural disputes within the WAC. C: \WATER \WRMC Proposal w Oct 23 FC revised.doc 6 221 222 223 224 225 Decision Making by the FC 226 227 The WRMC Full Council is not a public policy- making body. The FC does 228 make administrative decisions concerning the WRMC process and acts as the 229 lead for regional grant applications based on recommendations from the 230 WAC. Additionally, the FC will vote on issues not resolved by the WAC 231 provided that the entity introducing the issue agrees to a Full Council vote. 232 As the decision - making body of the WRMC, the elected officials of the FC 233 shall make decisions on substantive issues. 234 235 Government to Government Link (GGL) 236 237 This line of communication shall be established to accommodate Native 238 American tribes in the event they choose to not participate at the WAC level. 239 A written agreement between tribal leaders and the appropriate local, 240 federal, and state agencies would provide this link. In this way, a direct 241 means of tribal communication may be established. GGL agreements offer 242 tribal representatives the opportunity to express their views and take 243 information back to tribal councils for decisions and direction. State and .244 federal representatives play essential roles in this government to government 245 process. This two-tiered (through the WAC or agency - direct) approach 246 potentially offers an acceptable means of communication and participation to 247 the Lummi Nation and the Nooksack Tribe, and appears to be in the best 248 interest of the region and of the overall process. 249 250 Timing and Meeting Frequency 251 252 Time is of the essence in bringing together and organizing the WRMC. 253 Preliminary information indicates that funding under the HB 2054 program . 254 will be more readily available to organizations that have already formed and 255 include a broad spectrum of participants. Progress in identifying and 256 collaboratively addressing water issues from a regional perspective will 257 provide a head. start toward, not only HB 2054 funding, but also real 258 solutions to the region's water - related problems. 259 260 Full Council = Monthly or more often as needed 261 WAC = Monthly, or more often as needed 262 263 Staffing 264 C: \WATER \WRMC Proposal w Oct 23 FC revised.doc 7 265 Professional staff and the associated budget necessary to adequately support 266 it is an important element in the WRMC organization. In the. event it is 267 necessary to develop and operate a water model, or represent regional water 268 resource issues in Olympia or Washington DC, additional skills and funding 269 would be required for one or both of these positions. 270 271 WRMC Coordinator 272 273 This person would manage the day -to -day operations of WRMC. 274 Responsibilities would include, but not be limited to, interaction and 275 facilitation of the WAC, budget preparation, grant management, staff 276 management, and preparing and circulating reports. The WRMC Coordinator 277 reports to the WCCOG Executive Director. 278 279 WRMC Assistant 280 281 This person would be responsible for community outreach efforts, such as 282 meeting the public and providing accurate, relevant information through 283 public outreach, newsletters, etc. The assistant would also be responsible 284 for technical research and data gathering and management, and assist in 285 staff administrative duties. The WRMC Assistant reports to the WRMC 286 Coordinator. 287 288 C: \WATER \WRMC Proposal w Oct 23 FC revised.doc 289 Draft WRMC Budget 290 291 POTENTIAL REVENUE 292 Local Jurisdictions $ 85,000 293 PUD $ 35,000 294 2054 $ 50,000 295 State Agencies $ -0- 296 Federal Agencies $ -0- 297 298 Total Potential Revenue $170,000 299 . 300 EXPENSES 301 Salaries (estimated) 302 Water Manager $ 45,000 303 Water Technician $ 30,000 304 WCCOG Support Staff $ 20,000 305 Total Salaries $ 95,000 306 307 Benefits ( @28. %) $ 26,600 308 309 Total Salaries & Benefits $121,600 310 311 Office Supplies $ 4,000 312 Communication (postage, phone, Internet) $ 6,900 313 Advertising $ 1,000 314 Rent $ 4,000 315. Insurance $ 500 316 Conference/Training $ 1,000 317 Travel $ 5,000 318 Office Equipment $ 9,000 319 320 Total Operating Expenses $ 31,400 321 Salaries & Benefits $121,600 322 323 Total Expenses $153,000 324 10% contingency $ 15,300 325 326 Total Expense & Contingency $168,300 327 328 Potential Revenue $170,000 329 Expense & Contingency $168,300 330 RESIDUAL $ 1,700 n.