HomeMy WebLinkAboutSurface Water Work Session September 23 20141
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Whatcom County Council
Special Surface Water Work Session
September 23, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 10:00 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. WATAERSHED PLANNING UPDATE
Planning Unit
Gary Stoyka, Public Works Department, stated they are working on the work plan
and a provisional budget. They are developing committees to work on the work plan. They
submitted recommendations on the water action plan. They have reached out to the non -
active caucuses, including the environmental, diking and draining, and fishing caucuses.
They are talking about the possibility of and process for adding additional caucuses, such as
including the watershed improvement districts and a second agriculture caucus. The
planning unit recommended that the Council proceed with the Coordinated Water Systems
Plan (CWSP) update process.
Joint Board
The Joint Board hasn't met since May, so there's no new information. A Joint Board
meeting is scheduled later today, and the Joint Board will receive an update on the
groundwater modeling project. The Puget Sound Partnership (PSP) is reaching out to the
local integrating organization, which is the Salmon Recovery Board and Joint Board
together. The local integrating organization is to help the water resource inventory area
(WRIA) 1 determine local priorities. The PSP wants to determine if the funding model
should change. The Joint Board will also discuss a PSP annual grant to operate the local
integrating organization. An update on the Salmon Recovery Plan implementation status
will also be presented.
Brenner asked why they are considering a second ag caucus. Stoyka stated some
feel the current caucus doesn't represent all agriculture in Whatcom County.
Brenner stated that is the view of the beef and dairy farmers.
Weimer asked for the Planning Unit draft work plan and budget on the Planning Unit
website. Stoyka stated he hasn't posted it, but could. It is still a draft.
Surface Water Work Session, 9/23/2014, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Kremen stated he's sympathetic to the cattle and dairy sectors not being pleased
with the agricultural caucus, but once a precedent is set of having two caucuses
representing agriculture, there may be no end. The agriculture industry needs to become
more inclusive. Creating a second agricultural caucus opens a Pandora's box.
Weimer stated there are already two agricultural caucuses in reality, because the
diking and drainage district is mostly agriculture already.
2. COORDINATED WATER SYSTEM PLAN UPDATE
Gary Stoyka stated there is a small scoping contract to get this started. The process
is on hold until the Council talks about it again next Tuesday.
3. NPDES EDUCATION AND OUTREACH UPDATE
Cathy Craver, Public Works Department, stated a big task is engaging with
homeowners on maintaining their facilities. There have been workshops in the last few
years, and two more are planned in October. She described the workshop format and
materials that will be given to the homeowners who will attend.
Brenner asked about the Bellingham workshop. Craver stated the workshop will
include Ferndale and areas outside Bellingham. They are opening the workshop to everyone
in the County who has private stormwater facilities.
5. PROPOSED FLOOD CONTROL ZONE DISTRICT, WATER RESOURCES, AND
STORMWATER BUDGET OVERVIEW
Kirk Christensen, Public Works Department, submitted and read through a handout
(on file) of the proposed 2015 -2016 stormwater fund 123. He described the capital projects
listed in the proposed budget handout, which are all funded by the real estate excise tax
(REET) and flood fund. They will update the Lake Whatcom stormwater plan, focusing on
the capital section and on Sudden Valley. They will continue monitoring the tributaries of
Lake Whatcom with the City of Bellingham. Money is budgeted for the homeowner incentive
program, with ten projects planned for next year. Money is allocated for public involvement
and education and for the Lake Whatcom TMDL to do additional modeling to refine the
TMDL. Make sure what they get from DOE is accurate. They will continue to provide
technical assistance to homeowners. Money is available for repair and maintenance of
vaults, swales, structures, and other infrastructure.
Kremen asked about the revenue that is coming from REET and the flood fund.
Stoyka stated $720,000 is in the budget next year from REET II funding.
Paula Cooper, Public Works Department, submitted and read through a handout (on
file) of the proposed Flood Control Zone District 2015 Budget.
Crawford asked and there was discussion about the cost of County jail work crews.
Cooper stated they get a bill from the Sheriff's Office.
Tyler Schroeder, Executive's Office, stated the Sheriff's Office determines the price of
the work crews.
Surface Water Work Session, 9/23/2014, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Brenner asked if they would use the Washington Conservation Corps. Cooper stated
the jail crew has been adequate.
Cooper continued the presentation on the Flood Hazard Reduction Program.
Crawford asked about the status of Jones Creek. Cooper stated the consultant has
provided some results, which staff hasn't yet had a chance to review. They have to deal
with the road access. The project won't be attractive for grant funding, since it's more
about public safety than fish habitat.
Crawford stated Jones Creek will require property acquisition and construction. The
project will be big compared to Canyon Creek. Cooper stated they will only have design and
acquisition costs in 2015.
Cooper continued the presentation on the Squalicum Creek berm.
Jon Hutchings, City of Bellingham, stated the City will help fund a flood control levy
that extends from Squalicum Parkway toward the interstate, to protect cold storage facilities
and new development behind the berm. That project is part of a multi - phased effort to
complete the Bay to Baker Trail, rehabilitate Squalicum Creek, help reduce flood, and
improve salmon habitat. The City will also build a connector, the Orchard Street extension,
from the north end of the city to the medical complex. The road will go under the freeway.
The Flood Control Zone District will be involved with the levy, which is the flood control
structure that will underpin the entire project.
Crawford asked if this is a new project or an extension of an agreement made ten
years ago. Hutchings stated the project ten years ago was never completed.
Cooper stated the money was never transferred and no work was ever done.
Hutchings stated they have a 2016 design. The road will be done in 2018 or 2019.
Design is funded, but construction is not funded.
Cooper concluded the presentation with the High Creek sediment management
project and the Pepin Creek project.
Browne stated the Flood Control Zone District Advisory Committee is frustrated with
the broader use of the flood funds, even though the programs may be worthy. He questions
whether the flood fund is a correct name for the fund, since its use has evolved to include
water control issues, not just flood issues.
Kremen stated the State expanded the use of the flood fund monies because they
have heaped unfunded mandates on the counties. The State has not appropriated money
for the mandates, as they should have. Instead, they expanded the allowable uses of the
flood funds. However, the County is vulnerable to not being able to deal with a disastrous
flood event if it spends too much on other things.
Browne stated make sure the committee knows the current County and State
regulations. The County must realize the fact that they will need to find funding for these
new requirements.
Stoyka read through the natural resources draft budget in the Council packet.
Surface Water Work Session, 9/23/2014, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Stoyka read through the additional services requests (ASRs). He stated the most
notable things for the Natural Resources Division include additional service requests (ASR).
They are requesting a staff position for a natural resources coordinator. They plan to
reassign staff from the Solid Waste Division to support the WRIA process and other Natural
Resources Division activities. That duties would take up half of the position. The other half
of the Natural Resources coordinator position would work in the new special projects
division, mostly on the National Pollution Discharge Elimination System ( NPDES) phase 2
program, which has no administrative support. The staff person now working on solid waste
would be reassigned and divided between natural resources work and NPDES work.
Another ASR is related to the pollution identification and correction (PIC) program, to
create additional 2.3 full -time equivalent (FTE) positions for the Public Works department.
A total of one FTE is grant funded. If they don't get the grant, they will only hire the 1.3
FTE, which comes from the flood fund. They will visit a lot of properties and look at
agricultural sources, develop a tracking system, and send letters to folks to ask to visit their
properties. The onsite visits will be handled by the Conservation District. They
propose an ASR of $90,000 dollars for the Conservation District to do those site
visits and outreach. In -house capacity would follow up, track, and do outreach and
education to agricultural owners. The total FTE request is 2.3 for the County and 1
FTE with the Conservation District.
Brenner asked if they are coordinating with the Department of Ecology.
Stoyka stated they are, as well as other State departments. A .5 FTE is proposed
for code compliance in the Planning and Development Services Department. These
are all ASRs that are not in the base budget. There are smaller costs related to
outreach and education and other things related to the PIC program.
Brenner asked if the homeowner onsite septic system (OSS) classes will
continue. Stoyka stated they will continue.
Erika Douglas, Public Works Department, stated the last OSS class was held
in June in Drayton Harbor. One is scheduled this week for the Chuckanut area.
Stoyka continued to describe the ASRs for WRIA support, vehicles for the
Natural Resources division, and the PIC program.
Brenner stated she would like to see information on the Joint Board
expenditures made so far.
Kremen stated the existing County fleet has enough vehicles available to use
without having to buy new cars.
Brenner stated the Council needs to remember this next time the County
tries to surplus vehicles.
Stoyka described the aquatic invasive species program. Funding levels this
year should be sufficient for next year. The water planning line item pays for his
salary, water supply planning, and the Coordinated Water Systems Plan.
Surface Water Work Session, 9/23/2014, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Weimer asked if the natural resources coordinator position can facilitate the
Planning Unit. Stoyka stated the coordinator position would not facilitate, but
would help with getting ready for the Planning Unit meetings and would attend
monthly meetings on the coordinated water systems plan, quarterly Joint Board
meetings, and bi- weekly watershed staff meetings, and many other meetings that
need to be supported.
Kremen stated they will transfer a person already employed by the County,
so the overall number of County FTEs won't increase with the natural resources
coordinator position.
Brenner stated she would like information on how the ASRs that are not
related to flooding can be paid for with funding that does not come from the flood
fund.
Schroeder stated the natural resources program would have to be paid from
the general fund if not the flood fund.
4. WASHINGTON DEPARTMENT OF HEALTH LIVESTOCK - RELATED FECAL
BACTERIAL POLLUTION IN WHATCOM COUNTY
Andrea Hood, State Department of Health, submitted a handout (on file) on the
estimated 90th percentiles in Portage Bay. There were questions recently about the sources
of the increased pollution levels. Today they will present information from the agricultural
regulatory perspective about where the opportunities exist for water quality improvement.
She described the data on the handout.
Jessica Kirkpatrick, State Department of Ecology, submitted and read from a
presentation (on file) on reducing fecal bacteria pollution. Non -dairy agriculture
encompasses small hobby farms to large commercial beef - rearing operations and dairy
heifer replacement operations.
Chris Luerkens, State Department of Ecology, continued the presentation regarding
examples of what they are seeing on farms in Whatcom County.
Mann asked how often does a landowner claim to be unaware of the consequences of
their actions. Luerkens stated it varies.
Kirkpatrick stated they have a large log of photo examples. They run into different
levels of awareness in the field. Some people may be aware, but most are not aware that
it's actually illegal for them to allow manure to run into the stream.
Luerkens stated the reality is that it rains here a lot. People need to remember they
should expect it to rain all winter and into the spring.
Mann stated people may not be aware of the rain causing the manure to run into the
creek.
Kirkpatrck stated many people know that fecal matter shouldn't run off into streams,
but they run into a lot of people who aren't paying attention enough to know it's happening.
Surface Water Work Session, 9/23/2014, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Water can be clear and still have high levels of fecal coliform, or people may think that the
grass will filter it out.
Crawford stated some farmers don't know why it's not allowed all of a sudden, when
this is the way it's been done for a hundred years.
Luerkens continued the presentation with examples of what is happening.
Browne asked about their ability to access property and consequence for
noncompliance. Kirkpatrick stated they request authority, but are unable to access property
without permission. Without access, they will gather evidence and observe from off the
property.
Luerkens stated the consequence for pollution is a fine up to $10,000 per day.
Kirkpatrick stated that fine is the maximum, and there are other notices and letters
that lead up to that maximum fine.
Luerkens stated no one in Whatcom County has received that fine in two years. He
continued the presentation.
Kirkpatrick stated that in a lot of cases, the land looks great in the summer when it's
not wet, and it's not a problem. Property owners must keep managing their properties on a
daily basis. It's not something they do just once.
Browne stated he would like to know the range of solutions from easy to difficult and
cheap to expensive.
Weimer stated the County does have right -of -entry through the critical areas
ordinance and can work with the State if necessary.
Michael Isensee, Department of Agriculture, submitted and read from a presentation
(on file) regarding the dairy nutrient management program.
Brenner asked if downstream testing includes upstream testing on the same property
to compare results. Isensee stated their program attempts to collect at least two or three
samples, including upstream and downstream samples.
Weimer stated the State agencies are not able to enforce required farm plans.
Isensee stated that's correct.
Browne asked what is the correlating data point that has caused fecal coliform to rise
in the recent few years, such as the price of milk or the number of cattle. Isensee stated
that if there was an easily identifiable correlation, they would have found it. Dairies have
had challenges in the past few years. Dairies have been required to have plans and
infrastructure since 1998. That infrastructure is now aging, and there needs to be some
new investment. There are fewer dairies, animals, and available acreage for dairies.
Dairies are consolidating, which makes a dairy manager have to manage more acreage than
in the past.
Browne stated they need to find the correlation related to increased fecal coliform
pollution.
Surface Water Work Session, 9/23/2014, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Merle Jefferson, Lummi Natural Resources Director, stated there was a meeting last
week with the Governor, Ecology Director, and other people to discuss the downgrade of
Portage Bay. In the last ten years, the shellfish value has been over $8 million. They are
trying to find a solution. This closure has happened before, and the farmers know what
happens. They are closing over 300 acres of shellfish beds. They need more compliance
and enforcement. Farmers know about what's happening, but they need a push to comply.
They also need new laws.
Jeremy Freimund, Lummi Water Resources Manager, stated they talked about a new
law to require manure or animal waste applicators to be licensed. Such a program exists in
Maryland. The license would be similar to a pesticide applicator license. One has to take a
course with best management practices. The Governor's Office is looking at related
legislation. Regarding the correlation with raised fecal pollution, enforcement brought down
the high counts in the 1990's. If there is a violation, people must be fined right away.
People would have an opportunity to reduce or eliminate their fine by taking corrective
action in a timely manner. The fine would increase to the extent and duration that one
hasn't taken corrective action. A penalty is a form of incentive. The Lummi Nation is
issuing a press release today about voluntarily closing over 300 acres of shellfish beds.
Weimer stated the Council approved a water action plan to push this forward, and
plans to increase personnel. They want to work with the Lummi Nation and the farm
community. Jefferson stated the County should have been invited to the meeting last week.
Next time they meet, they will invite Whatcom County.
ADJOURN
The meeting adjourned at 12:15 p.m.
The Council approved these minutes on October 28, 2014.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Surface Water Work Session, 9/23/2014, Page 7