HomeMy WebLinkAboutSurface Water Work October 15 20131
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Whatcom County Council
Special Surface Water Work Session
October 15, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 10:30 a.m. in the
Whatcom County Civic Center Garden Room, 322 N. Commercial, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Pete Kremen and Carl Weimer
Absent: None
SURFACE WATER WORK SESSION (AB2013 -024)
1. LAKE SAMISH COMPREHENSIVE STORMWATER PLAN
Chris Brueske, Public Works Department, stated this came forward in 2012. Staff
wants to bring it forward again for possible adoption.
Kraig Olason, Public Works Department, submitted and read from a handout (on
file). The current Comprehensive Stormwater Plan (CSWP) is the third version they've
produced.
Brenner asked who staff contacted about the public process. Olason stated a group
of 30 to 40 residents came to the meeting. The staff twice sent a newsletter to all in the
watershed. There is also an email list for notices, which included everyone who came to the
meetings.
He continued the presentation on the Lake Samish Basin CSWP plan overview.
Brenner asked how many people are in the area. Olason stated there are
approximately 1,300 people. Any fee revenue would be small, so staff assumed they would
choose the basic level of funding for the current budget.
Kremen stated 1,300 people is 700 or 800 homes. They tax by the number of
homes, not by the number of people. Olason stated Chapter 6 of the plan includes an
analysis of revenue that could be collected. He concluded the presentation on the recent
plan adoption process activity.
Staff recommends reintroduction and adoption. They are back to where they were in
the process in July. The interest of the community members who signed on to the letter
seems to have waned. Most of those people who signed the letter hadn't been to any of the
meetings. There was a lot of concern that they didn't have good background information on
the process and what staff did to come up with the plan. Because it's been so long, there
must be another public hearing before considering adoption. He submitted a handout of
letters submitted by the water district (on file).
Surface Water Work Session, 10/15/2013, Page 1
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Knutzen asked if any of the watershed falls within the national pollution discharge
elimination system (NPDES) phase two permit boundaries. Olason stated it does not. The
lake has a low population, but there are certain needs associated with the lake because it
provides public water. That's been a driver for this effort.
Brenner stated she's not sure what's going to happen in that area. Olason stated
most of the area is zoned forestry. There is an urban development ringing the lake, and
there is forestry behind it.
Kirk Christensen, Public Works Department, stated adopting the plan gives the
County leverage for grant funds.
Roland Middleton, Public Works Department, stated this plan was sitting off to the
side of the natural resources database because it wasn't adopted. Until staff gets policy
direction from Council, it won't go into the database or be integrated into the
Comprehensive Plan. He understands the concerns about new taxes, but that is a
completely separate process if the Council decides to impose a fee. Adopting the plan
adopts the capital improvement and the entire process that staff went through to identify all
the issues and problems with Lake Samish. This plan doesn't set a fee.
Mann stated the citizens began this second review process, and then no one
attended the meeting. He's disappointed no one made it to the meeting after the effort
they went to in order to demand those meetings. Olason stated there was a lot of
misunderstanding about the plan and what it was intended to do.
Mann stated he hopes they don't experience a similar last minute outburst.
Brenner moved to schedule this for a hearing.
Crawford stated make sure the folks at Lake Samish are aware of the hearing.
Olason stated the staff could put another notice in the community newsletter to let people
know.
Brenner stated schedule the hearing after the newsletter goes out.
Kremen asked the timeframe for the hearing. Olason stated the County could do its
own notice that isn't in the community newsletter. Adopting the plan this year would be
nice.
Brenner stated find out when their newsletter comes out. Olason stated the County
could do a mailing. They can also try to get on their community meeting schedule. He will
follow up with that.
Kremen stated the Executive is planning to tentatively have the Council deal with the
budget soon. There was discussion of when this is scheduled.
Kershner stated Public Works staff can work out the notice with the residents and the
scheduling with Council staff.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None (0)
Surface Water Work Session, 10/15/2013, Page 2
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2. REVIEW OF PROPOSED 2014 FLOOD CONTROL ZONE DISTRICT BUDGET
Chris Brueske, Public Works Department, stated the packet summarized the original
requests and the supplemental requests. He submitted a handout with revised numbers for
the water planning administration and water planning operations section of the proposed
2014 budget.
Paula Cooper, Public Works Department, submitted a handout with revised numbers
for the proposed 2014 budget (on file). To be more in tune with the Revised Code of
Washington (RCW) as recommended by the State Auditor, they added the RCW
appropriation item category title to each line item of the budget.
Knutzen asked how the cost centers work in terms of the aquatic invasive species
(AIS) and certain stormwater funding coming from Flood Control Zone District funds.
Cooper stated the AIS funding is coming directly from the Flood Control Zone District funds.
Stormwater funding is transferred to a separate cost center that includes other County
funds.
Brueske stated the stormwater budget isn't changing.
Cooper stated Flood Control Zone District funds for stormwater are a transfer out of
the fund budget. It is listed as a line item in the district budget under the administration
cost center. There may be a better way to do that in the future.
Brueske stated the stormwater expenses for 2014 are included in the fund budget.
Knutzen stated that if they are allocating money, he would like to know how much
and where it is. It's not listed as a line item. Brueske stated they can refine the budget
document and make it more explicit.
Cooper read through the 2014 budget centers and what has changed. Funds for
hydraulic modeling and preliminary design for ESRP- 712002 needs to be extended into 2014
because the work won't get done in 2013. This project is to do more detailed analysis with
a hydraulic model and preliminary design per the Comprehensive Flood Hazard Plan (CFHP)
recommendations. It's about keeping the levees eligible for the Army Corps of Engineers
(Corps) program.
She continued to read through the cost centers. The Federal Emergency
Management Administration (FEMA) funding for flood plain mapping is put on hold to test
new mapping methodology.
Knutzen asked the status of a situation in which the Corps requires tree removal on a
levee, but the County Planning Department is requiring a habitat assessment. Cooper
stated the habitat assessment was submitted recently. Planning Department is still
reviewing it.
Knutzen asked how to streamline the process. It took over a year to get a permit to
cut a couple of trees on a levee. Cooper stated she heard a rumor from the Army Corps of
Engineers that this vegetation issue may become not a big deal anymore. They're worried
about a lawsuit in California. The Corps may be worried they will lose the suit.
Administrators from Washington D.C. have proposed removing vegetation out as a separate
component. If vegetation is making something unstable, it would come through separate
Surface Water Work Session, 10/15/2013, Page 3
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criteria. That would make things easier, because they would have to prove the vegetation
is harming the levee. She explained the history of this situation and the conflicting federal
requirements.
Cooper continued to read through the cost center items.
Mann asked if the Tribe is in favor of the Marietta property purchases. Cooper stated
the Tribe is very supportive.
Brenner asked how anyone in Marietta will get a permit to build anything. They can't
get flood insurance. She heard that FEMA won't provide flood loss coverage if people build
intentionally. Cooper stated they can get flood insurance, but it won't be cheap. There
would be severe and expensive design requirements to build. Also, enforcement is difficult
out there due to limited enforcement resources. People in that area are bringing in new
mobile homes and making improvements, and it's difficult to get them to stop.
Brenner stated that's illegal. Cooper stated she knows. She's trying to get County
enforcement officers to deal with it, but there are limited resources.
Brenner stated there are limited resources for everything. Property buyout isn't a
good solution.
Knutzen asked about cleaning out the bridge. He asked if it came from the Public
Works budget. Brueske stated the funding came from the road fund.
Cooper continued to read through the cost center items.
Crawford asked if work on Canyon Creek is done. Cooper stated it isn't. All the jams
are built. They still need to remove dirt and clean it up. It should be done by the end of
next week.
Brueske stated there was a notice about a planting party on October 26. He
continued to read through the 2014 cost center item changes for natural resources.
Kershner asked about the bacteria pollution identification and control (PIC) outreach
and if staff is coordinating with the State Department of Health. Brueske stated they are
partners in the Clean Whatcom Program. People were worried about inspectors coming
through their farms. The County made it clear that its role is about education, outreach,
and monitoring, not enforcement. They are focusing in Drayton Harbor for education
outreach.
Kershner asked about analyzing the samples. Brueske stated there are two labs to
do the analyses. Staff produces an annual report that shows data trends. They've looked
into doing DNA analysis on the samples. They researched the technology.
John Thompson, Public Works Department, stated they may have done a test in
Drayton Harbor.
Brueske stated DNA sampling doesn't give a numerical value. It provides
information on whether there is a presence or absence. For any given sample, they might
find mammal DNA, but the technology isn't developed to identify the species. The State has
used it for identifying spike areas that can bracket the problem.
Surface Water Work Session, 10/15/2013, Page 4
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Brenner stated there is human DNA testing that identifies a person's ancestral
history.
Crawford stated they did it in California Creek in 2005. They segmented the sources
into bovine, human, and all other sources. Brueske stated those are mostly
presence /absence results. It doesn't give the percentages.
Crawford stated they mapped the locations of what was found, which was very
informative. Brueske stated they can discuss this more in -depth with the County's expert
on that issue.
The Council concurred on scheduling a discussion of DNA sampling with Public Works
Department staff.
Gary Stoyka, Public Works Department, stated a sample of blood or actual material
from an animal has DNA that gives a very detailed analysis. However, fecal matter is about
what is in the gut. It doesn't provide a direct DNA sample of the animal. It only gives
information on the kinds of bacteria that live in the gut. Oregon State University research
showed that the bacteria in cows in Oregon don't live up here, so they had to develop new
markers.
Crawford referenced the cost center for the bacteria PIC outreach item and stated he
doesn't want the County to come back on the farmers. He asked if the County is really
involved in identifying something. He asked the County's role. Brueske stated the County
just shares the results of the fixed sampling stations with all the team partners. For an
update on the PIC program, he can schedule an update with staff. The State and County
have made it clear that enforcement is the last step. The County is not involved with State
enforcement, other than possessing the data from the sampling stations.
Crawford described a situation with a farmer who fixed a septic line break as soon as
they found out about it, but have been charged so many fines that the cost of fixing the
break has been added to the overall cost of the problem. If they hadn't fixed it, their fines
would be lower. The fine is based on the cost of the problem.
Brueske asked if this is the State.
Knutzen stated it is the Environmental Protection Agency (EPA) inspectors.
Crawford stated the County shouldn't be in the role of harassing people who are
trying to do good things. Brueske stated it's not. It's the County's role to collect data
samples, and do education and outreach, and put people in touch with resources they can
use to fix their individual problems.
Jack Louws, County Executive, stated that at a big meeting of federal, State and
local agencies regarding Governor Gregoire's shellfish initiative, the County made it clear
that Whatcom County wanted to pursue education and build on its success. (Inaudible).
They are expanding testing labs to cross -check lab samples. Staff has done a good job of
staying out of the middle of this. From the State and federal perspective, they are taking a
hard approach to their enforcement actions due to pressure from environmental and fishing
groups. Whatcom County is not doing this. The administration is aware of it and doing
what it needs to do. If there are willful violations, they will issue correction notices and get
it taken care of in a way that is positive for the agricultural community.
Surface Water Work Session, 10/15/2013, Page 5
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Knutzen stated his family was phone surveyed by the Department of Ecology about
the number of cats and dogs they have. He asked if they are going to start making people
get a farm plan for a cat. He was surprised they wanted to know that information.
Crawford stated the Code specifies what triggers the farm plan requirement.
Brenner stated someone had an approved septic system design, but was held up
beyond the application expiration date by a third party jurisdiction. She asked about
amending the Code to allow County to not require a second fee if the design is still
appropriate.
Brueske stated that would go to the Health Department for technical assistance.
Regarding AIS, staff and the City will give a presentation to the Council about how the 2013
went, to make suggestions for going forward, and clarify some policy questions. The budget
estimate for 2014 is at the same level as this year. They anticipate about $30,000 in
revenue and $80,000 in expenditures from the program. The program this year was
successful. Consider whether they stay with the program or expand it to other lakes in the
county. There is $30,000 in the budget for professional services. That is a placeholder to
move forward with online AIS education.
Mann asked if they found any quagga mussels. Brueske stated there were four
decontaminations. None of them had zebra or quagga mussels. There were quagga
mussels found all over a boat that came from Michigan. It was heading for the ocean, not
Lake Whatcom. Somehow, the U.S. Department of Fish and Wildlife pulled that boat over.
Quagga mussels were found at the Oregon /California border a couple of times. They have
been in Bellingham now. He referenced the handout he submitted at the beginning of
today's meeting about the water planning revised budget to include work regarding water
resource inventory area (WRIA), the coordinated water system plan, Planning Unit support,
and the Natural Resource Manager's time for salmon recovery and shellfish.
3. UPDATE ON SEPTEMBER 25, 2013 WRIA 1 PLANNING UNIT MEETING
Chris Brueske, Public Works Department, gave a staff report and reviewed the
Planning Unit meeting attendees.
Brenner asked who is representing the environmental caucus. There are many
environmental interests. Find someone willing to participate. Brueske stated it's up to the
caucus.
Mann asked who is the official caucus member and how that's determined.
Brueske stated that is a challenge that many of these caucuses face, including the
private well owners. There are thousands of well owners, and no public forum for them to
all get together and vote.
Brenner stated they did a lot of outreach, more than any others.
Brueske stated he suggested that staff provide some sort of agenda packet or report
to the County Council on who the representatives are and how they were selected. He
asked if the Council wants that information.
The Council concurred.
Surface Water Work Session, 10/15/2013, Page 6
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Brueske stated there are proposed guidelines for what people should submit.
Brenner stated the Planning Unit as a whole, not County staff, should receive that
information. Many of the caucuses conflict with other caucuses. Someone shouldn't pass
something to the County staff. Anything should go to the Planning Unit as a whole to make
the decision. Brueske stated his role is to facilitate getting on the agenda. He's not going
to grade whatever he receives. Whatever they give him, he will put it in the agenda packet.
They are discussing the procedures at tomorrow's meeting.
Jack Louws, County Executive, stated the Planning Unit is its own governmental
entity. Whatcom County has a seat at the table, but doesn't control what happens. They
are trying to achieve a delicate balance. Some participants felt the facilitators did fine. At
the opposite extreme, one member believes the Joint Board is manipulating the process.
The caucuses will establish their own membership. He referenced the 1999 operating
agreement (on file). He hopes the Planning Unit will decide to be more advisory to
Whatcom County government. Until they get to that point, they have to work under the
established rules, which requires the County to provide a meeting location. This is a work in
progress.
Kremen stated the meeting wasn't productive. The facilitators were impotent. The
County staff could provide better facilitation. Three caucuses commandeered the meeting.
One or more caucus representatives attempted to diminish the County Council's
participation in this process. He's concerned about expectations and that many participants
left the meeting demoralized. The current facilitators were as incapable of running the
meeting and achieving productive results as he's ever seen.
Brenner stated she agrees with Councilmember Kremen and disagrees with
Executive Louws. All the councilmembers who attended agreed that the biggest problem
was the facilitators. It was shocking, given what the County is paying them. She wants
this process to succeed. Those facilitators will ensure it doesn't succeed.
Mann stated he agreed. He also heard that caucus members felt they didn't know
why they were here. The Council needs to give deliverables to the Planning Unit members
to get something productive from them. The Council may be responsible to give them that
direction.
Crawford stated professional facilitators must put everyone through the exercise of
creating a purpose or mission statement to learn what their expectations are. These
facilitators must listen to feedback from Planning Unit members about their expectations.
He doesn't know what the Planning Unit outcome is supposed to be. The facilitator is
supposed to act as a go- between and identify whatever is keeping the group from being
productive. It's a difficult task.
Brueske stated he provided information (on file) on all these concerns that they've
heard. The facilitators wrote an email with ten pointed questions and sent the email to 30
caucus members and alternates. They received six responses. The facilitators went into
the meeting eight hours after signing their contract. There is 15 years' worth of information
that they were not aware of. He's been careful to ensure they serve at the pleasure of the
Planning Unit. Whatcom County is not telling the facilitators what to do. The goal of these
four meetings is to develop a work plan. That is the outcome.
Louws referenced and read from the email from the facilitators and read through the
comments received regarding the facilitator's questions.
Surface Water Work Session, 10/15/2013, Page 7
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Brenner stated she wants to know who responded to the questions. Brueske stated
he will provide that information.
Mann asked about giving the Planning Unit direction on creating deliverables.
Kershner stated that the Planning Unit is in the beginning phase of forming their
group and figuring out what they're doing. They will shift into a normalized order of
business, and then begin to perform. She's not sure the Council needs to disrupt that
process right now.
Crawford stated people who purport to be the environmental representatives are
saying they don't even want to be there. The Council should be clear about what it wants
out of this process. He thinks that folks who want to advocate for the environment would
want to be a part of any water discussion. There is a lot at stake. Brueske stated that
statement was made in 2009 by one person. It wasn't a statement from the environmental
community.
Crawford stated there are a lot of local groups they can reach out to.
Weimer stated they are all having a meeting on Friday to come up with a new
representative or decide if they want to participate.
Linda Twitchell, Building Industry Association of Whatcom County, stated the County
should update the WRIA webpages regarding the Planning Unit activity. Brueske stated
those webpages are being updated.
Kershner stated the Planning Unit should decide what kind of communication they
need. She remembers Planning Unit advocates being strongly in favor of the County
reinstituting the Planning Unit. They wanted to take control and be involved, so they
should. They should take responsibility for their Planning Unit.
Louws stated the Council will have to decide at its next meeting whether it wants to
add $8,000 to get through this first phase of the Planning Unit. If the County agrees to
support the Planning Unit, there will be a substantial cost. It's taking up staff time to deal
with all these emails and put this together. The Council should figure out the role of the
Planning Unit. He doesn't know right now what it should be. He would like the Council to
figure it out. The administration is committed to working with the Council and Planning
Unit.
Brenner stated the Council could decide what it would like the Planning Unit to do for
the County, and make that request of the Planning Unit, regardless of what they do on their
own. The members want to know what the Council wants. She can think of certain specific
things.
Mann stated Councilmember Brenner can schedule that discussion for the Public
Works, Health, and Safety Committee.
ADJOURN
The meeting adjourned at 12:15 p.m.
Surface Water Work Session, 10/15/2013, Page 8
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The Council approved these minutes on November 12, 2013.
ATTEST: WHATCOM COUNTY COUNCIL
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Surface Water Work Session, 10/15/2013, Page 9