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HomeMy WebLinkAboutPublic Works August 5 20141F?1 WHATCOM COUNTY COUNCIL 20 Public Works, Health, and Safety Committee 30 40 August 5, 2014 5(] 60 71] 8(] CALL TO ORDER 91] 10(] Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the 11M Council Chambers, 311 Grand Avenue, Bellingham, Washington. 12F?] 13M 1] 14M ROLL CALL 15(] 160 17M Present: Barbara Brenner and Pete Kremen. 18M Absent: Ken Mann. 19M Also Present: Barry Buchanan and Rud Browne. 20F?] 210 22M COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 23F?1 240 1. RESOLUTION COMMENCING THE COORDINATED WATER SYSTEM PLAN 25M UPDATE PROCESS (AB2014 -253) 261?1 270 Gary Stoyka, Public Works Department, submitted a substitute version of the 28M resolution (on file). He gave a staff report on the Planning Unit recommendations. He 29M referenced item 12 in the resolution and stated that a review of water connection fees, 300 water rate charges, and capital needs is beyond what is typically done for a coordinated 31M system plan update. The consultant will charge $35,000 to do that review. However, the 32M State Department of Health already does this review as part of their water system plan 330 review. Including item 12 would require a budget amendment for that amount. 34F?] 351] Browne stated strike items nine and 12 in the first resolved statement. By the time 36M this report is done, the status of pending litigation referenced in item nine will make the 37M discussion redundant. 381] 390 Brenner stated that discussion could cause problems with litigation. She's not 40M interested in doing that. It is redundant and is being done from the perspective of only 41M certain purveyors to the detriment of other purveyors. She agrees with striking items nine 420 and 12. 43M 44M Stoyka stated this substitute resolution now says that they will review the critical 450 water supply service area boundaries as part of the update process, on the recommendation 46M of Skip Richards and others. It is now item ten on the list in the resolution. It involves 47M extra work by the consultant. Now they are giving it to the Water Utility Coordinating 480 Committee (WUCC) to decide if there needs to be changes to the boundaries. 490 50M Brenner stated that is an example of giving money and power to recommend 510 changes that could affect other providers who aren't part of this. Stoyka stated that's why 520 he proposes that they don't do that and delete item ten. Skip Richards proposes that they 53M do it. Item 10 would allow the WUCC to determine if the boundaries need to be changed. Public Works, Health, and Safety Committee, 8/5/2014, Page 1 p 1(J He originally said that they would stick with the same boundaries they've had since 1991. 20 Others suggest they consider reducing the size of the boundaries. 30 41M Brenner stated she is uncomfortable giving a committee the ability to make a 51] recommendation that will likely contradict other purveyors. 60 7M Kremen asked what the additional cost would be to pay for all the changes listed in 81] the substitute resolution. Stoyka stated the total cost of the changes is over $39,228. He 91] proposed this resolution to this committee four weeks ago. Skip Richards and others 101N mentioned they had some recommended changes. He included those changes, and 111] expressed some concerns about some of them. When it came back to committee, he was 12M asked to get more input from the Planning Unit. He did, and included their input in this 131M substitute resolution. He also got recommendations from the consultant about this extra 140 work. 15 r?] 16M Weimer stated staff could recommend that they remove items nine, ten, and 12. He 170 asked if the County administration has all the individual water system plans. That 18M information is at the County if someone wanted to look at them. 19P] 200 John Wolpers, Health Department, stated the State Department of Health posts them 21M on a website. Whatcom County also has easy access to them through a variety of routes. 22M They can easily look at any of the individual plans. 230 24M Brenner moved to amend the substitute resolution to remove items nine, ten, and 25E twelve. 260 271J The motion to amend the substitute resolution carried by the following vote: 28M Ayes: Brenner and Kremen (2) 290 Nays: None (0) 301J Absent: Mann (1) 31(] 32M Stoyka asked about reinstateing language that says the critical water supply service 331J area boundaries are not going to change. 341] 35M Brenner stated they don't need to mention it at all. 361?1 370 Browne referenced item 11 and asked the purpose of that item. Stoyka stated it is 38M an item proposed by Skip Richards. The 2000 Coordinated Water System Plan 39M recommended further actions that weren't accomplished. The intent is for the Council to 400 indicate that it wants staff to follow through on those items. 411] 42M Browne stated the Council, not the consultant, should establish those provisions. 431] 44M Weimer stated they should reinstate language about the critical water supply service 451] area boundaries not changing. Otherwise, the committee may decide to do that on their 460 own. Stoyka read the language to be reinstated, "Be it Further Resolved that the 47M boundaries of the critical water supply service area shall remain unchanged; and..." 481] 490 Kremen stated he agrees with reinstating the language. However, they should hear 50M from people who proposed the new language in this substitute resolution. 511] 52F71 Public Works, Health, and Safety Committee, 8/5/2014, Page 2 p 1E Ellen Baker stated some Planning Unit members objected to this being approved at 20 all. The water district caucus has had concerns about the critical water supply area 30 boundary being too large and that this process gives too much control to utilities to oversee 41M potable water supply planning overall. The national forest is a very large area. They have 5M always questioned the boundary. Any Coordinated Water Supply Plan (CWSP) should 60 review that boundary. There are competing needs in the county that the WUCC can't 7M address. The small, narrow WUCC should not make policies outside their own boundary. 8M The watershed planning act incorporates all the competing resource demands and is so 91a much better. 10r?] 11m Skip Richards referenced item nine and stated it's in the consultant's contract. If the 121a appeal loses, water utilities will face a massive increase in applications for their services. 13M Private wells will be gone. He understands that staff would write up a small summary for 14M the WUCC. The consultants may have another view. He referenced item ten and stated 15M there are many points of view. The water utilities are most directly affected and know the 16M most about it. Let the WUCC take a look at it. Any changes have to come before the 17M Council at a hearing anyway. The burden will be on the WUCC to come up with a really 18M good reason for changing. Keep item 11 in the resolution. If there is no provision for follow 19M through after the update, the update process will be more involved. One of his 200 recommendations is missing. It has to do with linking data among the Growth Management 21M Act (GMA) process, Coordinated Water System Plan process, and watershed planning. He 22M referenced item 12, he tried to encapsulate the request he heard. Maybe someone else can 230 assess the plans and issues more cheaply. 24F?1 251N Brenner stated take a broader look through the Planning Unit or the Council. They 260 could get a presentation from the Health Department on those issues. Removing some of 27M these items doesn't mean they aren't important. It means the WUCC isn't the place to do 280 them. Eliminate from the WUCC consideration items nine, ten, 11, and 12. 290 30M Weimer asked why Mr. Richard's item 12 wasn't included. Mr. Richards is suggesting 310 that they link all the plans. Stoyka stated he tried to accommodate what the Planning Unit 32M wanted, which is an opportunity for input at the beginning and an opportunity to review the 33M draft before the end. The Planning Unit approved all these items. 340 35M Browne stated amend the resolution and include the previous item 12 as shown on 36M Council packet page 135, with one change, "Coordination, including identification of and 370 provision for specific linkages, with other water resource management efforts, in order to 38M assure efficient use of time and funding, to avoid overlap and duplication of effort and 39M consistency of use of parameters such as per capita water rates;." Coordinating and 400 avoiding overlap is a good idea, but don't highlight one group over another. Also, remove 41M the resolved statement about getting input from the Planning Unit at the beginning of the 42M process for review before the Council. The Planning Unit is capable of commenting on it. 430 He doesn't understand why they would review it before the Council. 44F?1 451a Brenner stated the Planning Unit discusses, researches, and makes 460 recommendations on water issues and water planning. 47F?1 481a Browne stated they can review the results and make comments like any other group, 490 but don't slow the process. 50M 511a Brenner stated the Planning Unit must remain necessary. The Planning Unit is 52M charged by the State of Washington to review and make recommendations on water issues 53M and plans. Don't make the Planning Unit irrelevant. Public Works, Health, and Safety Committee, 8/5/2014, Page 3 1F?1 20 Browne stated the Planning Unit can get it the same time as the Council and make 30 comments. 4F?1 51N Brenner stated give the Planning Unit the same access to the consultant that the 6M WUCC has. 7F?1 8F?1 Linda Twitchell, Building Industry Association of Whatcom County, stated the 91a Planning Unit moved to forward the resolution with all of the amendments recommended by 10M Skip Richards. Then there was discussion about hearing from the consultant. The group 111N has no chair and operates with part -time hired help. It's difficult to get direct information. 12M They wanted the consultant to be present so they can participate, as they are legally 131N required to do. Think of the Planning Unit like it was the Planning Commission. State law 140 has given the Planning Unit responsibility for water planning and implementation. It's not 15M an advisory committee. The Planning Unit doesn't want to be left out until the last minute. 16M They hope to hear from the consultant and give input before the Council starts debating the 170 issue. 18F?] 191N Weimer stated he prefers that staff bring forward a clean copy of the resolution that 200 includes all these changes, without redline /strikeout formatting. He referenced the resolved 21M statement about Planning Unit input and asked if the Planning Unit wants to provide input 221N before the CWSP goes to the Council. Stoyka stated he took the language from the 230 Planning Unit minutes. 24F?1 25M Kremen moved to amend to: 260 a Remove items nine, ten, 11, and 12 in the substitute resolution 27F?1 . Include the language from Skip Richard's proposed item 12 as shown on 28F?] Council packet page 135, "Coordination, including identification of and 290 provision for specific linkages with other water resource management efforts, 30F?] including but not necessarily limited to the WRIA 1 Watershed Management 31P] Project, in order to assure efficient use of time and funding, to avoid overlap 32F?1 and duplication of effort and consistency of use of parameters such as per 33F?1 capita water rates;" 340 Include language, "Be it further resolved that the boundaries of the Critical 35F?1 Water Supply Service Area shall remain unchanged; and" 361?1 370 The motion to amend carried by the following vote: 38M Ayes: Brenner and Kremen (2) 39M Nays: None (0) 400 Absent: Mann (1) 41F?] 42M Stoyka stated he will make these changes and bring forward a clean resolution that 430 doesn't show any changes. 44F?1 451a 460 OTHER BUSINESS 47F?1 481a There was no other business. 490 50M 510 Public Works, Health, and Safety Committee, 8/5/2014, Page 4 11M 20 30 40 5F?1 60 7F?1 8F?l 9F?l 10F?1 11r?] 121a 13F?1 140 15r?] 16F?1 170 18M ADJOURN The meeting adjourned at 2:49 p.m. ATTEST: Dana Brown - Davis, Council Clerk Jill Nixon, Minutes TranscriptionM p WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works, Health, and Safety Committee, 8/5/2014, Page 5