HomeMy WebLinkAboutPublic Works July 9 20131
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WHATCOM COUNTY COUNCIL
Public Works, Health, and Safety Committee
July 9, 2013
CALL TO ORDER
Committee Chair Barbara Brenner called the meeting to order at 1:33 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(1:33:31 PM)
Present: Barbara Brenner and Ken Mann.
Absent: Pete Kremen.
Also Present: Pete Kremen and Carl Weimer.
COMMITTEE DISCUSSION
1. PERTUSSIS OUTBREAK UPDATE (AB2013 -250)
Joni Hensley, Health Department, submitted and read from a handout (on file).
Mann asked the scale of the infant deaths from pertussis in California. Hensley
stated California's infant mortality rate from pertussis is 26 per 100,000, which is worse
than the pre- vaccine era. Vaccinations are waning, so adolescents were giving it to their
younger siblings during the 2004 outbreaks.
Brenner asked how long a child vaccination lasts. Hensley stated that if fully
vaccinated, there is a booster before kindergarten. Now, they are vaccinating pregnant
women, which provides protection to babies at birth.
Brenner asked how long the vaccinations provide protection. Hensley stated the
Centers for Disease Control (CDC) is reviewing the efficacy of the vaccine. Childhood
vaccines wear off at age 11 or 12. Adults also need boosters. Now, the booster schedule is
one per lifetime. In the future, they will probably require a booster every two or three
years. That analysis is being done now.
Kremen stated the County Health Department is highly regarded statewide and
known as a leader and role model.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. RESOLUTION RESTORING THE WRIA 1 PLANNING UNIT TO ASSIST THE
WHATCOM COUNTY COUNCIL REGARDING WATER RESOURCES (AB2013-
190) (1:53:15 PM)
Dan Gibson, Prosecutor's Office, gave a staff report and stated he has proposed the
following amendments that he worked out with Bob Carmichael:
• WHEREAS, both the WMP and DIP called for the Planning Unit to continue
functioning to address, witheut liFnitatien, instream flows and WMP updates;
and
Public Works, Health, and Safety Committee, 7/9/2013, Page 1
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• Section 1: Finding. The Council finds that the Planning Unit is the advisory
board established and responsible for recommending WRIA 1 water resource
plans under RCW 90.82, including, witheut lingitatien, development of
instream flow recommendations, and which is fully representative of the
interests of local citizens in WRIA 1.
• WHEREAS, the Planning Unit has not met since June 30, 2009 and +s
thus has not functioned to carry out its role as
contemplated in the adopted WMP and DIP; and
• WHEREAS, Whatcom County Charter states in Section 2.20 (c) that the
leg; County Council has the power to "establish, abolish, combine and
divide by ordinance, non - elective administrative offices and executive
departments and to establish their powers and responsibilities "; and
• WHEREAS, Whatcom County Charter states in Section 2.20 (d) that the
leg; County Council has the power to "adopt by ordinance
comprehensive plans, including improvement plans for the present and future
development of the county," and further, that 'The enumeration of particular
legislative powers shall not be construed as limiting the legislative powers of
the County Council.
Section 2: Council Authority. The County Council has sole authority under
Chapter 90.82 to finally approve and adopt by ordinance WRIA 1 water
resource plans and plans necessary for implementation thereof.
Section 3: Request for Information. The County Council requests that the
Planning Unit report regularly to the Whatcom County
Council, the legislative branch of the WRIA 1 Lead Agency, on the status of
the Planning Unit its work. The Council further requests that the County
Executive facilitate this reporting function.
Section 5: Governance and Structure. The County Council supports a
Planning Unit that meets Fegularly as needed to discharge its responsibilities
and conducts all meetings under the Open Public Meetings Act. It is the
policy of the County Council that the Planning Unit shall review its adopted
governance structure and operating rules as it deems necessary, so as to
maintain a process to assure that water resource user interests and directly
involved interest groups at the local level have the opportunity, in a fair and
equitable manner, to give input and direction to the process.
Section 6: Review and Approval of Watershed Plans. The County Council
requests that the Planning Unit regularly review and approve any ongoing
assessments of the current water resource situation, including, but not limited
to water availability, instream flow, water quality, and habitat. As provided in
the Watershed Planning Act, amendments to the WMP will be submitted to
Whatcom County Council for approval.
• Section 7: Coordinate with salmon recovery board. The County Council
requests that the Planning Unit review the progress of salmon recovery efforts
and provide input to the County to inform its participation on the salmon
recovery board.
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Gibson stated the Planning Unit is advisory to the County, which is a participant on
the salmon recovery board. Nothing prevents the Planning Unit from copying the salmon
recovery board on its correspondence, but the County is the channel by which information is
officially brought forward to the salmon recovery board.
The role of the Planning Unit is to focus on water. The input of the Planning Unit
with regard to salmon recovery efforts must bear on instream flows. The Planning Unit
should not be sidetracked into a broad habitat assessment. There is an inextricable link
between habitat and instream flows. The Planning Unit focus is on the water quantity piece
of the habitat picture. Maintain the focus of the Planning Unit on water quantity. The focus
of the Planning Unit is to look at how much water there is, and determine how that water
can best be made available to the broadest set of beneficial users.
Brenner suggested language, "Section 7: Coordinate with salmon recovery board.
The County Council requests that the Planning Unit review the progress of salmon recovery
efforts, as it bears upon water quantity and quality, and provide input to the County to
inform its participation on the salmon recovery board." Gibson stated habitat can be a
broad issue that involves components beyond water. This isn't something he and Mr.
Carmichael achieved consensus on.
Kremen stated the Planning Unit focus is not on salmon recovery efforts. Salmon
recovery efforts are all- encompassing. It's not the area of expertise for the Planning Unit.
Section 8: Review and Comment on Water Resource Issues. The Whatcom
County Council finds that the Planning Unit, by virtue of its expertise,
experience, and inclusiveness, can add significant value for the Council and
Executive by providing review and recommendations of water resources
issues that come before the Council. The Council requests that the Planning
Unit provide such review, within the parameters established in RCW 90.82.
Mann asked the reason for the title saying they are restoring the Planning Unit. The
Planning Unit technically already exists. He asked if the title matters. Gibson stated they
can choose another word for the title. In section 6, he didn't know the Planning Unit could
approve or disapprove assessments of the current water resources situation. Generally they
try to avoid having unelected, appointed boards approving stuff. He asked what they are
approving. Gibson stated this is within the context of the Planning Unit as an advisory
board. It gives advice regarding the assessment process.
Kremen stated clarify that the Planning Unit is advisory to the County Council. It's
not a governing body. They can approve a recommendation to the County Council and
possibly the County Executive. Gibson stated that under Revised Code of Washington
(RCW) 90.82, the Planning Unit has an approval role. It approves a recommendation to the
County Council. Beyond that, the Planning Unit doesn't have any approval role. It can be
addressed more fully in Section 1. Saying the Planning Unit has authority for approval may
create an expectation of a role greater than what the statute addresses.
Marion Beddill stated the Planning Unit has a recommendation role. It doesn't make
any changes. Certain parties are using water for which they don't have a right, and other
parties with a large water right aren't using all the water. The Planning Unit role is to bring
those two parties together and create a package to go forward to the Council. The Planning
Unit brings forward an agreement of the community to reshuffle water use to the State
Department of Ecology, which is the registry of water rights.
Ellen Baker stated she agrees with Ms. Beddill. The Planning Unit assures there is a
fair and equitable review of the most beneficial use of the resource. The waters of the State
Public Works, Health, and Safety Committee, 7/9/2013, Page 3
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are administered by the Department of Ecology. The Planning Unit relationship is with the
State as much as the County. Amend the title of the ordinance, "ResteFing Recognizing the
WRIA 1..." WRIA 1 extends to Canada and Skagit County, which opted out of WRIA 1. The
WRIA 1 Planning Unit serves a State function under State law. It wasn't created by
Whatcom County.
Gibson stated the Planning Unit is authorized by State statute, but its work in WRIA
1 is mediated through the County. The Planning Unit serves under the State statute at the
behest of the County, for the benefit of the County's plan.
Baker stated the Planning Unit was established under RCW 90.82. Gibson stated it is
established under State law, through the County, which served as the lead agency for
purposes of convening and forming the Planning Unit.
Baker stated that making the Planning Unit functional again will benefit watershed
management. Don't over -focus on instream flow. The watershed functions as a hydraulic
unit. Instream flows are affected by groundwater. Water quantity is the default. The
watershed planning act is about water quantity first. Whatcom County opted to include
water quality as a function. Instream flow was a voluntary element that was included.
Kremen moved to amend the title, "tag Recognizing..."
The Committee concurred.
Skip Richards stated he is available as a resource. The County may accept or reject
the Planning Unit recommendation, per the State statute. It doesn't have the authority to
amend the recommendation. The statute gave planning units the option to take on quality,
instream flow, and habitat. There is an intersection between watershed planning's habitat
and salmon recovery. The four goals of the watershed management plan include improving
fish habitat. On the other hand, the Planning Unit was given no authority over watershed
planning or salmon recovery. The Council can ask the Planning Unit to advise the County on
salmon recovery.
Beddill stated the County is one of the Planning Unit caucuses, and the Planning Unit
agrees by consensus of the caucuses.
Gibson stated RCW 90.82.130 is regarding the approval process. The State statute
defined a process for watershed planning that included requirements. The County will do its
utmost to make certain the Planning Unit efforts are not in vain. Whatever happens,
watershed planning must go on. If the Planning Unit is not able to break through
procedural issues, it's not the end of watershed planning. The County must carry the
planning effort forward.
Brenner stated this committee will recommend the proposed resolution with these
changes to the full Council in two weeks.
Weimer stated he has concerns with the intent of Section 4, which seems like it
provides a blank check to the Planning Unit.
Brenner suggested language to amend section 4, "...It is the policy of the County
Council that Whatcom County shall support the Planning Unit as the Council deems
necessary to fulfill all its functions and obligations."
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Weimer stated he agrees with the suggestion. Also, the Planning Unit could decide
to expand its focus and add all kinds of things to the plan. The Planning Unit should not be
able to keep anyone from moving forward on water issues.
Brenner stated that if the Planning Unit gets bogged down, the County must move
forward anyway.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:42 p.m.
ATTEST:
, Council Clerk
- Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works, Health, and Safety Committee, 7/9/2013, Page 5