HomeMy WebLinkAboutSurface Water Work Session March 18 20141
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Whatcom County Council
Special Surface Water Work Session
March 18, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 10:30 a.m. in the Civic
Center Garden Level Conference Room, 322 Commercial Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Rud Browne, Barry Buchanan, Ken
Mann, Pete Kremen and Carl Weimer
Absent: None
SURFACE WATER WORK SESSION (AB2014 -024)
1. PROGRAM UPDATES (CONTINUED FROM 1/21/14)
Natural Resources
Gary Stoyka, Public Works Department, submitted and read from a presentation (on
file) and described projects that the natural resources staff are working on. Canyon Creek
phase two is $1.5 million. The Council approved a contract for a consultant to work on the
High Creek sediment management plan. Many of the salmon recovery projects also include
a flooding component. The Lake Samish /Friday Creek project is paid for by the subzone.
Brenner asked if the Conservation Corps crew is doing planting and whether the
Nooksack Salmon Enhancement Association (NSEA) is involved.
John Thompson, Public Works Department, stated the crew does planting at Canyon
Creek. NSEA coordinates volunteer planting parties with the Whatcom Land Trust. The
Conservation Corps crew does the majority of the planting.
Stoyka continued the presentation on the shellfish protection districts and water
quality.
Brenner asked if they are working with people in the area on low impact
development regarding shellfish protection and water quality. Stoyka stated this outreach is
mostly focused on septic systems and livestock.
Brenner stated homeowners aren't given credit for installing special low impact
toilets. They can't educate people without them taking personal responsibility on what they
do in their homes. Create incentives.
Kremen asked if pets are a significant source of fecal coliform in the area. Stoyka
stated they are in certain places. That's part of outreach and education.
Brenner asked if outreach and education include information on planting native
vegetation. Stoyka stated it does. The Conservation District does a lot of that work. Fecal
Surface Water Work Session, 3/18/2014, Page 1
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coliform test results have risen in all three of the protection districts. Staff is trying to
figure out how to improve what they're doing.
Brenner asked if the latest water quality test results are flattening. Stoyka stated
the last year or two has been flatter.
Browne asked how they find which areas are contributing to pollution and whether
there are increases in certain areas or overall. He asked what is the cost of installing and
operating a monitoring station. Stoyka stated they monitor different stream regions.
Testing can be limited by lack of public access. Different watersheds are increasing in
different ways. The increases at the lower Nooksack River are more widespread. Some
drainages in Drayton Harbor are not as bad as other drainages. Monitoring stations are just
where they go to take samples.
Brenner asked if they are setting up pet waste stations. Stoyka stated he believes
they are. He continued the presentation beginning with the Puget Sound Partnership (PSP)
lead integrating organization (LIO) action agenda update and including the Marine
Resources Committee, solid waste, the Noxious Weed Control Board, and watershed
planning.
Brenner asked for a list of everything British Petroleum (BP) contributes in the area.
Also, add wild clematis to the invasive species plant list. It kills trees.
Stoyka stated he will begin to provide Planning Unit and Joint Board updates at the
beginning of these surface water work session meetings.
Kremen stated he appreciates Councilmember Weimer's water action plan. People
don't realize how much water planning the County does.
2. SWIFT CREEK STATUS
Paula Cooper, Public Works Department, showed photos of the area. Recent storms
have awakened the creek, and it is delivering a large amount of sediment.
Weimer asked if it is over the road. Cooper stated it is close, within inches. She
continued to describe the problem, past work done on the levee, the proposal for rebuilding
the levee and stockpile what they can. The proposal is still taking shape with a preliminary
cost estimate of about $500,000.
Crawford asked if the County is allowed to touch Swift Creek and do this project.
Cooper stated there was money they have been stockpiling material on two places. They're
not proposing to take material to anywhere other than those two places, which keeps the
project within the scale and framework of what the County has been doing. There may be
some potential funding from the Environmental Protection Agency (EPA) to remove material
from one of the properties. They really need to address this problem this year.
Weimer stated there have been ongoing discussions among the County, the EPA and
the State Department of Ecology on a liability agreement.
Browne asked the status of the tri -party agreement.
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Kremen stated the three jurisdictions are working together to develop agreements
and potential funding. He and Executive Louws recently met with several federal legislators
about the possibility of getting federal funding next year.
Cooper stated staff are trying to design the minimum required project that will get
them through to the time when other funding may be available.
Weimer asked if the slide has been active this year. Cooper stated she hasn't been
to the area, but she's sure the slide is active.
Browne referenced a second slide at Dale Creek. Cooper stated there have been
sedimentation issues at some of the bridges.
3. SYRE PROPERTY EROSION — STAFF REPORT FROM FLOOD CONTROL ZONE
DISTRICT ADVISORY COMMITTEE DISCUSSION
Paula Cooper, Public Works Department, gave a presentation regarding the Syre
Property alternatives. The Advisory Committee voted on moving the project forward with
either the log revetment or a new option for a passive large woody debris structure. There
are some Advisory Committee bylaw conflicts, so an actual recommendation isn't unclear.
At this point, seven members voted for it, two voted against it, and one abstained.
Browne reported on the Flood Control Zone District Advisory Committee meeting
discussion. They want to make a more informed decision based on what all the priorities
are.
Cooper described the new passive large woody debris structure option, which is the
best option for construction this year and is the lowest cost alternative. No design has been
created yet, but the cost will be significantly less than the other project options. The
project is not in the river, and Corps permits are not required.
Crawford asked if they would do the project with in -house staff. Cooper stated they
sometimes use in -house staff, but they can't with the existing work plan. It will be a
challenge to make that happen this year. The Advisory Committee will look at the entire
work plan next month, and something will have to be delayed. It's possible that work in
Deming will stop to allow them to add this to the work plan.
Crawford asked if the Lummi Tribe compensated the County for the delay on the
Deming levee project. Cooper stated she is following up on that.
Browne asked if they can use materials on this project that weren't recruited into the
river from another debris structure. Cooper stated they could, but it may not be less
expensive. They haven't gone through the design process yet. It depends on the haul
distance, and the Syre property is close to a quarry.
Gary Goodall, Public Works Department, stated the wood material is now ten years
old and not worthwhile to use.
Cooper stated this is technically in the floodway of the Nooksack River and creates
another permitting issue.
Weimer asked which alternative can be done this year. Cooper stated the only
project they can do is the new passive woody debris project.
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Weimer asked whether this project or the Deming levee project is a higher priority.
Cooper stated priority is the Council's decision. The Advisory Committee hasn't had that
discussion yet.
Jeff De Jong, Flood Control Zone District Advisory Committee member, stated the
Advisory Committee did not have all the facts about how this project rates against all the
other projects in the county. If they are going to move something like this forward, they
need more background information on staff workload. Making a recommendation outside
the context of all the projects would be an emotional vote. The Advisory Committee wants
to provide an informed recommendation.
Weimer asked what staff's recommendation would be. The Council doesn't have the
information needed to prioritize. Cooper stated she will work on all the projects and
determine how much staff time each one requires. She will take that information to the
Advisory Committee next month, and they can help sort through the work plan.
Weimer asked if they still have time to do the passive woody debris project if they
wait until next month. Goodall stated it will be a late season construction in October or
November.
Kremen asked the cost differentials between this project, Jones Creek, and the
Deming levee. Cooper stated Deming is about $2 million. Jones Creek involves road and
bridge work, and will be very expensive. Swift Creek will cost about $500,000.
Browne stated he appreciates the Advisory Committee volunteer members.
Mann asked what happens if they do nothing in the next year or two. He asked how
much time they'll have before Highway 9, Lawrence Road, or the railroad is impacted from
this river migration. Cooper stated they don't know that. It could be never or it could
happen in one big flood. The consultants don't feel that Highway 9 is at immediate risk.
Browne stated Highway 9 and the railroad are the responsibility of their respective
agencies. He cautions against assuming the responsibility for protecting assets that are
under someone else's jurisdiction.
Brenner stated Whatcom County residents live in the area, despite who has
jurisdiction.
Browne stated those jurisdictions have funding to protect those assets.
Weimer asked if this is just an update. Cooper stated it is.
John Mayberry asked how much closer to the road the migration has gotten in the
past year. It seems to be about 200 feet. There is another 500 feet before it gets to the
road and the house. There haven't been big water events.
De Jong stated the Advisory Committee would like to find a clear path to fix
problems when they're small. Fifteen years ago they could have plugged this thing for
virtually nothing. Be able to identify a project and not have so many hurdles stand in the
way.
Cooper stated this is a good thing to remember as they discuss level of service.
Surface Water Work Session, 3/18/2014, Page 4
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Crawford stated they have done preventative projects all up and down the river and
those projects are holding up. The County will never have a perfect prioritization system.
It's always going to be like this.
De Jong stated they need to stand up to the Department of Fish and Wildlife, who
was a problem from the start.
Kremen stated the County has obstacles to getting things done that make sense.
Had the Department of Fish and Wildlife not turned down the project years ago, it could
have saved money and the land that has since eroded away.
Browne stated this property is in the natural meander zone of the river. A question
is what is the most cost effective within that zone and outside the zone.
Brenner stated they also must consider which assets could be affected. If the State
doesn't do work that it should do, someone's got to protect those assets for the county
residents.
Crawford stated that the State likely won't defend Highway 9, but may condemn
property to the north and east and relocate the road.
Weimer stated he's interested in hearing what the Advisory Committee will
recommend after its next meeting. They must also consider the limited number of staff
positions.
OTHER BUSINESS
Kremen stated they need to discuss the Flood Control Zone District Advisory
Committee conflicting bylaws. There are two perpetually vacant positions plus 13 voting
members. On any voting body, one member shouldn't have more influence by not showing
up. The bylaws must allow a total of 13 voting members, not 15.
Cooper described the history of the bylaws for the Advisory Committee. Make the
bylaws and Title 100 consistent so she knows what constitutes an official recommendation.
Weimer asked if they have communicated with the Tribes at all. Cooper stated the
Nooksack Tribe sent someone for a little while, but no longer.
Brenner stated require a majority in attendance to have any vote, and a majority of
those people to approve a vote.
Kremen stated change the definition of the number of voting members. The majority
would be of the total of the voting positions that are filled.
Cooper stated she suggests changing the bylaws to match Title 100.
Jeff De Jong, Flood Control Zone District Advisory Committee member, stated the
Board of Supervisors would want an Advisory Committee recommendation that is
overwhelmingly recommended. He asked if it's possible to establish a percentage of the
members present at the meeting. Getting all 13 members at one meeting is rare.
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Kremen stated establish a majority of the filled positions to pass any vote. Cooper
stated they would always need seven members. If the Tribes come to the table and fill the
other two positions, the total would be eight. That's what Title 100 says. There has to be a
quorum of seven members to do anything.
Kremen stated that if there are 13 filled positions, and only a majority of seven
members show up at a meeting to create a quorum, all seven members would have to vote
in favor to approve a motion. Cooper stated the language in Title 100 will do that.
The Council concurred.
Crawford asked if it is a problem to get people to attend the meetings and if certain
members aren't attending much.
De Jong stated the absences are revolving.
ADJOURN
The meeting adjourned at 11:50 a.m.
The Council approved these minutes on April 22, 2014.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Surface Water Work Session, 3/18/2014, Page 6