HomeMy WebLinkAboutWater Resources March 16 20041
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Whatcom County Council
Special Water Resources Work Session
March 16, 2004
Council Chair Dan McShane called the meeting to order at 10:00 a.m. in the
Whatcom County Civic Center Annex, Second Floor Meeting Room, 322 N.
Commercial, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
Absent:
L. Ward Nelson
(Clerk's Note: There are is no audiotape recording of this meeting due to a
recording malfunction. Minutes are taken from the Clerk's notes.)
WATER RESOURCES WORK SESSION (AB2004 -025)
1. WRIA WATERSHED MANAGEMENT PLAN
Presentation of Draft Management Plan
Bruce Roll, Water Resources Division Manager, thanked Becky Peterson and
Sue Blake for their fantastic job in pulling this draft plan together in a format that is
readable and understandable.
Sue Blake, Resources Planner, stated the draft plan has been distributed for
review to the water resource inventory area (WRIA) 1 participants. She and Becky
Peterson pulled together the work that was done by other people. Those people
haven't seen it yet, and this is their first chance to see it.
She read from her presentation (on file). Phase I means this is the first
WRIA 1 watershed management plan. If implemented this way, there will be
ongoing amendments as new information is obtained. It's important to understand
that they originally hoped to use all the models that Utah State University (USU)
put together. Those models aren't available yet. One of the first amendments will
be to put the models in. Phase I means this is the first of an ongoing series of
documents.
She continued to read from her presentation. This first draft is an
opportunity for all the people who worked on this plan to turn it into something that
is supportable. As a preliminary review draft, the intent is to change and improve
Water Resources Work Session, 3/16/2004, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
the plan so it's easier to read when it goes to the public. The intent is to change
the format from what it is now.
The appendices are supporting information for the other sections of the draft
plan. She listed sections in the blue section of the draft plan. The draft plan right
now has gaps. The executive summary and plan summary don't exist yet. They
are supposed to briefly summarize the plan, but they don't know some of those
details yet. She continued to read her presentation, describing each section of the
plan.
The March 2000 scope of work took all the requirements of the Revised Code
of Washington (RCW), contracts, and Initiating Governments and laid out a strategy
for moving forward. They're going to see that document referenced throughout the
plan. It was a guide for why they did many of the things they did. The scope of
work was not included as an appendix because most people have it already.
Blake read the presentation describing section 2. One subsection in section
two, the socioeconomic subsection will require more work. They need to take that
into consideration. Appendix C is the biggest in the document. Many people
haven't seen and commented on those documents. The Center for Economic and
Business Research at Western Washington University put together most of those
documents.
Another subsection in section 2 is regarding local perspectives and linkages.
They used a lot of documents generated by participants during the process to give
people a sense of why people wanted to come to the table. A linkage section
describes the location of other areas of the document that address specific issues
and concerns regarding water quality.
Blake read the presentation regarding section 3 regarding the action plan to
address key issues. In this section they will see the most details that are missing.
It's going to take some work to fill it in. Appendix F is the management option
catalog.
Section 4 includes information on long -term monitoring. Appendix L is the
long -term water quality monitoring program, which includes initial suggestions from
USU and thoughts from project participants. There needs to be more work to
develop a long -term monitoring program to support this process. Because the
models aren't done, they need to wait and see how the models work and where the
data gaps are to finish the long -term monitoring program. There is a benefit to
wait on this program until the models are done.
The remaining sections are the glossary and acronyms and the appendices.
The appendices are also open for review.
Discussion of County Comments to Draft Plan
Water Resources Work Session, 3/16/2004, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner asked when the Council has input into the plan. Roll continued the
presentation regarding the review schedule and strategy (on file). No agency is
capable of facilitating and implementing all elements of the plan. Think about all
the areas the County may want to implement. He will provide recommendations on
that at future meetings. Also consider the role of County government in context of
land use planning. Early in the process, the outcome of this will influence how they
regulate land use. They will talk more about that.
There are some policy questions that need to be laid out for the Council to
consider. Identifying sections the County is willing to support is critical. They'll
need to triage the areas the County is willing to support moving forward. The
County won't pay for everything listed. No agency can. The Planning Unit needs to
give them some insight. Over the next month or two, he'll identify the sections on
which the County should read and provide input into. In anticipation of their next
meeting, the Council should read sections one, three, and four.
He submitted a budget proposal from the Planning Unit Staff Team (on file).
Roy asked if staff believes the items on the WRIA 1 budget proposal are the
priority. Roll stated not necessarily. The proposal is going to the Planning Unit for
consideration during its next meeting.
McShane stated the County will make recommendations as a Planning Unit
member. Ultimately the Planning Unit will reach consensus. It's likely they'll see
things drop out. Some of those things may be priority items the County will want
to go forward with on its own, outside of the plan. Roll stated that's correct. There
will be pieces of this that people won't be able to agree on, and someone will go
forward anyway.
Brenner asked where the four early action elements come from. Roll stated
they were initially suggested by Tom Anderson from the Public Utility District (PUD),
with input from Henry Bierlink's group. The Planning Unit will receive the proposal
at the next meeting and discuss it.
Caskey- Schreiber stated they can't discuss making priorities of these items
without having a discussion first in Finance Committee on where the money comes
from. Roll stated the Planning Unit will get this information and discuss it, and
come up with some direction. In a couple months, there is a potential that the
Planning Unit will ask the County to fund some of these items.
McShane stated they should have a meeting to discuss in general what the
County is capable of handling financially from the general fund.
Brenner asked if all the Planning Unit members were able to come forward
with ideas, and the PUD took the initiative. Roll explained the Planning Unit
process.
Water Resources Work Session, 3/16/2004, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner stated she's concerned that one WRIA member can put this together
without the others jointly contributing.
2. PLANNING AND DEVELOPMENT SERVICES (PDS) COORDINATION
EFFORTS
Overview of Water Resources and Planning and Development Services (PDS)
Coordination
Bruce Roll, Water Resources Division Manager, stated there are two huge
plans, the Salmon Recovery Plan and the WRIA Watershed Management Plan.
There are huge expectations from the community as to how the County will respond
to guiding principles and the role these plans play in future implementation. Staff
identified early on the link between how they recover salmon and how they allow
land uses to occur in sensitive areas in the watershed. There is also a link between
meeting the population increase and water needs without drying up salmon water
needs. They have to integrate these principals with the Shoreline Master Program
and Critical Area Ordinance. Staff must now begin to connect the dots as the land
use element moves forward.
Hal Hart, Planning and Development Services Department Director, stated
that's very important. The coordination efforts want to use the knowledge that
exists, and incorporate that knowledge into the Critical Areas Ordinance (CAO)
update, Shoreline Master Program update, and into other departments, areas, and
issues that come up, such as the Parks and Recreation Open Space Plan. First they
start with the science to determine why critical areas are important and define best
available science. Salmon recovery is an overlay on what they're doing with land
use. The way they regulate salmon under the CAO affects a lot of people. There
are a lot of coordination efforts to incorporate salmon into the broader picture of
land use. If the City changes land uses and no longer wants to have industrial
development on the waterfront, for example they have to decide the most
appropriate places for those industries to go. They will move into other
watersheds. Everyone needs to think of the broader impacts on land use policy.
The County administration is pushing the one -stop shop service, so staff is
trying to simplify and integrate the different layers of regulation. Subdivision
regulations should make sense on the ground. It's a big project to work on. The
Comprehensive Parks, Recreation, and Open Space Plan is a key component.
Roll stated he serves as the County's representative on the Bertrand group
steering committee. This is an example of a WRIA implementation piece dealing
with serious issues. A fundamental issue of watershed resource management is
finding out how to live while maintaining adequate water for people, fish, and
shellfish. This is a good pilot project for addressing comprehensively at a drainage
level.
Water Resources Work Session, 3/16/2004, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Hart stated it's important for the preservation of agriculture. They continue
to meet to work out future coordination efforts.
There was discussion regarding regional coordination, tax policies and
economic development policies, downstream impacts of water -based decisions, and
the regional impacts on land use over time.
Caskey- Schreiber asked how much control they have when, for example, the
City of Lynden lifts its moratorium on subdivisions because it has received water
from the City of Bellingham. Hart stated they were thinking about the leverage
points for those broader, regional discussions. They may be able to comment in
the context of the Coordinated Water System Plan or Countywide Planning Policies.
They can discuss it as a City /County caucus issue. There are other programs the
County can use for leverage, such as the Purchase of Development Rights program.
Roy stated this is a great memo in the packet. They want to use the
expertise that is already out there, including regular citizens who live by these
bodies of water without special interests in any area. She asked if the advisory
committee would include representatives from the building industry, who seem to
be the most concerned about this issue. She recommends they be included. Hart
stated the CAO update will come forward by the end of this year. After that, the
Shoreline Master Program will come forward by June 2005.
Dewey Desler, Deputy Administrator, spoke regarding the Parks plan.
McShane stated they have some sense of water resource planning. Different
water interests will come forward. The County can speak for entities that don't
have the ability to bring forward projects on their own.
John Watts, Bellingham City Council Member, stated it's apparent that a
limiting factor of land use planning is often not the amount of land, but the
available water. The WRIA process determined that the amount of water available
is essential information. He urged the County Council to look at that from the
perspective that limits on growth may occur first due to a lack of water availability,
not a lack of available land.
Roll stated he would send out a memo soon on the sections of the plan the
councilmembers should read before the next meeting. Read the introduction and
the proposed action sections including sections one, three, and four.
The Water Resources Division and Drayton Harbor Shellfish Protection District
did a report for the State Department of Health on the actions taken in the
community in anticipation of opening it up in April (on file). To keep Portage Bay
and Drayton Harbor open, it gets down to how they use the land. They've gone as
far as they can with existing regulations. They will have to deal with growth to
keep these resources functioning.
Water Resources Work Session, 3/16/2004, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
(Clerk's Note: Council took a five - minute break at 11:35 a.m.)
3. STORMWATER MANAGEMENT
Discussion of Countv's Role in Stormwater Manaaement
Jeff Monsen, Public Works Department Director, spoke regarding the National
Pollution Discharge and Elimination System (NPDES). By the end of the year, the
State Department of Ecology (DOE) will issue permit guidelines. The County will
have to define what the stormwater system is that the County is responsible for
and will regulate.
Part of what the County has to go through is to determine the financial
magnitude and policy implications by understanding the natural drainage systems,
modified drainage systems, and constructed drainage systems. A natural drainage
system is something they stand away from and rarely get proactively involved in.
A modified system is a natural system that has been changed, but still resembles a
natural system. A constructed system is mostly or all a modified system. A lot of
focus of this presentation today is on water quantity. He showed slide photos of
the different types of systems.
Each type of system creates a legal or discretionary responsibility for the
County. People are often asking the Public Works Department to proactively
operate some type of system or to respond to someone's request, or make
someone else fulfill their responsibilities. When considering surface water, consider
the elements of the system the County or someone else will be responsible for.
Think about the future role the County will take in managing a particular feature.
Hal Hart, Planning and Development Services Director, stated overlaying the
stormwater systems is the County's Critical Area Ordinance and Shoreline
Management Program.
Monsen stated they will discuss in the next few months how the County
identifies its responsibility.
McShane asked how they deal with a public system impacted by private land.
Monsen stated that as areas develop and water quantity and quality changes occur,
there is an inability to deal with maintenance. Most of the scenarios are such that
the County manipulates a lot of one -time fixes. In some cases that works. Getting
into urbanized areas, it doesn't work.
Chris Brueske, Engineering Manager, showed slides and maps of drainage
areas.
Brenner asked about homeowner's associations and whether they can be
forced to maintain their systems.
Water Resources Work Session, 3/16/2004, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner asked if the person who got the permits to build the detention ponds
are ultimately legally responsible. Brueske stated that developer has sold all the
lots and is long gone.
Monsen stated often enforcement is worked out civilly between those
property owners. The question is what role the public sector will play to ensure
that systems are maintained.
Brueske stated these private detention ponds may become an issue with the
NPDES permit because not a lot are maintained.
Roll stated that from a water quality point of view, they may have little or no
ability to influence the constituents to adapt the ponds according to water quality
data.
Roy asked if these ponds retain any capacity for what they are supposed to
do. Brueske stated they do to varying degrees.
Roy asked how the ponds work.
Joe Rutan, County Road Engineer, stated ponds retain the water and meter it
out at the old flow rate. They can get plugged up.
Roy stated it's a mechanical process, not a natural process.
There was further discussion regarding stormwater management.
ADJOURN
The meeting adjourned at 1:00 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on April 6 , 2004.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Water Resources Work Session, 3/16/2004, Page 7