HomeMy WebLinkAboutPublic Work March 26 20021
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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
Public Works and Capital Projects Committee
March 26, 2002
The meeting was called to order at 4:00 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington,
Present: Absent:
Laurie Caskey- Schreiber None
Sam Crawford
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING DEER CREEK WATER ASSOCIATION'S
REQUEST FOR COUNTY ASSISTANCE IN NEGOTIATING WITH THE
CITY OF BELLINGHAM REGARDING THE POSSIBLE EXTENSION OF A
CITY WATER LINE INTO THE ASSOCIATION'S SERVICE AREA
(AB2002 -093B)
Geoff Smyth, City of Bellingham Utility Engineer, submitted a map of the city
limits and its adjacency to the Deer Creek Water Association boundary (on file).
Brenner asked if there is an area in the city where the Deer Creek Water
Association provides water, and the City doesn't. Smyth stated that is correct. The
City does not provide water to its urban growth area. There are no utilities in that
area. The City has one customer, the storage unit facility at Horton Road and the
Guide Meridian, who is receiving city water. Everyone else is receiving water from
the Deer Creek Water Association. There is nothing in any statute that prevents
two purveyors from operating inside the city limits. There is nothing that says
there can't be another water line there, and a customer can have the choice
between the two purveyors.
Brenner stated there are references in the Comprehensive Plan or interlocal
agreements between the County and City that say there will be a negotiation with
an existing water association.
Regina Delahunt, Health and Human Services Department Interim Director,
stated the Coordinated Water System Plan says that water systems have to declare
their service areas, and that any overlapping service areas need to be remediated
and negotiated.
Brenner asked if the City agreed to the Coordinated Water System Plan.
Smyth stated it did. There are no regulatory requirements on who can and can't
serve water.
Public Works and Capital Projects Committee, 3/26/2002, 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 city's ultimate water system boundary, defined by the Coordinated Water
System Plan, is to the Smith Road. The city is moving forward with expansion of its
water and sewer utility as a proactive measure in coordination with the State, which
is putting in a road project. It makes sense to do it now.
Crawford asked if the City is planning to go to Smith Road, regardless of
what happens with the urban growth area extension. Smyth stated it is, in order to
be proactive.
Brenner stated the Coordinated Waters System Plan says that providers
should negotiate when there are overlapping water service boundaries. The Deer
Creek Water Association can't afford to operate effectively if the City takes part of
its business away. She asked why the City wouldn't negotiate with the water
association to put one water line in instead of two, since the State is opening the
area up and a line will be put in. Two lines will cost twice as much money. Smyth
stated there is no reason why they can't negotiate. The City is not opposed to that.
The Deer Creek Water Association met with the City for the past several years
about this area. The City is not averse to going in with a coordinated proposal.
The City needs to have a proposal from the Deer Creek Water Association to take to
the City Council. The City hasn't seen a proposal yet, only letters inviting them to
sit down to talk. The City is waiting for a proposal instead. The City isn't out to
take any customers away from the water association.
Brenner stated it wouldn't be a question of taking customers away, but it
might be a question of the customers choosing to switch to the City's water. The
City is not going to go out of business. However, the Deer Creek Water Association
is a small purveyor, and any changes can affect them dramatically.
Caskey- Schreiber stated she spoke to two City Council Members who said the
same thing. This can be worked out locally to keep everyone in business.
Crawford asked if the City's policy is to limit water supply within the city
limits or within the urban growth area. He's looking beyond the issue of a pipe
going to Smith Road and how they are going to shift users. He asked if the City is
interested in looking long term at provision of water to other parts of the county.
Smyth stated this could create some opportunities for that to occur. Other City
staff members have been involved in that consideration. Inter -ties are something
the City looks at and is not opposed to. However, they should not look exclusively
at the Guide Meridian, but all boundary areas.
Crawford stated treatment capacity would be an issue. If it could be
expanded, the amount of water that can be put into the system is phenomenal.
The Comprehensive Plan encourages opportunities throughout the county to come
up with an inter -tie system. A lot of people in the community would like to go in
that direction, and would like the City of Bellingham to go in that direction. He
asked if the City has an incentive to do that.
Public Works and Capital Projects Committee, 3/26/2002, Page 2
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.
1 Ken Thomas, City of Bellingham, stated he's had no indication from the City
2 Council that it is interested in expanding utilities beyond what is outlined in its
3 comprehensive plan. The Bellingham City Council made it clear they are interested
4 in trying to achieve a regional solution to water supply in Whatcom County. A
5 solution may be a loop system with the Public Utility District's (PUD), Lynden, and
6 the City of Bellingham working together to put in a supply system so the small
7 systems can have a safe and secure supply. That is possible. There are still State
8 water right issues to get around. The City is not interested in being the direct
9 water service provider countywide. That is the PUD's role.
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11 Brenner asked why the City doesn't want to do it, and whether that is a way
12 for the City to make money. Thomas stated it could make money if it didn't have
13 to do a $30 million to $50 million plant expansion. In an ideal world, it can be
14 done. However, it's a political world with tribal issues, place -of -use issues, and
15 State issues. It could be done technically. The City has never aggressively pursued
16 customers outside its urban growth area. If asked, the County would evaluate a
17 request.
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19 Tom Schoen, Deer Creek Water Association Business Manager, stated he met
20 with Dick McKinley a year ago and discussed the same issues. Mr. McKinley said he
21 would get back to the water association, but he hasn't. The City is now asking for a
22 detailed plan. He wants to have a gentlemanly discussion to come up with
23 guidelines by which to create a proposal. He doesn't want to spend time and
24 money coming up with a proposal that will be shot down immediately.
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26 Smyth stated the City has been to several Washington State Department of
27 Transportation (WSDOT) meetings and staff has talked to Mr. Schoen on the phone.
28 The City is not looking for a full -blown engineering report, just some views on how
29 Mr. Schoen wants the water association to look when it's done. He wants to know
30 their vision, not a detailed proposal.
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32 Schoen stated the letter he wrote to the City of Bellingham gave that
33 information on a general program. The meetings they've had was about the
34 general nature of the program. He's had no correspondence from the City, and
35 doesn't know exactly what they want. This last letter was written at the behest of
36 Tom Anderson, who spoke with Dick McKinley, who said he wanted a general letter.
37 He wrote that letter two weeks ago. He has not had the courtesy of receiving a
38 response. He didn't see a problem with discussing things before spending money,
39 time, and effort. It was on the agenda of the DOT's November meeting. At that
40 time, Mr. Thomas's response was that the City would not share a pipe with
41 anybody. He asked how he is to respond to that in a proposal letter. He asked for
42 a scope of what the City wants in the water association's proposal.
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44 Smyth stated he would work with Mr. Reichart on ideas for a project scope.
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46 Schoen stated that would be fine.
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Public Works and Capital Projects Committee, 3/26/2002, 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.
Crawford asked how long until a scope of proposal can be defined. Smyth
stated he would get something by the middle of next week.
Crawford asked if the City would be willing to discuss a proposal by Mr.
Schoen that includes a plan to purchase water for the water association service
area and that is inside of the urban growth area. Smyth stated the City would
evaluate it. They would look at the deliverable and whether it can be done without
adversely impacting the current customer level.
Brenner stated that for the City to share a pipe, it would work out better for
the City and the water association.
Crawford stated he is aware of some of the Deer Creek Water Association's
problems, including the fact they are not allowed to take any more water than they
are currently taking. The water association serves Meridian High School. The
school boundaries do not get redrawn when the City annexes land. As a result,
students from within the City of Bellingham are attending high school outside of the
City of Bellingham and in the Deer Creek Water Association. That high school is
frustrated with its limitation of how much water it can get. Fire districts are also
concerned about fire flow. It is an example of the problem with the Department of
Ecology. This becomes less of a problem if this association has the ability to
purchase water from other sources. The City of Bellingham is the biggest purveyor,
just to the south, and has adjacent boundaries. Thomas stated the technical
answer is easy. A request to provide service is evaluated. The hard part is about
the place of use and water rights.
John Thielman, State Department of Health, stated he is concerned because
of the overlap in the service areas. There hasn't been a need to resolve it until
now. The driving force now is the expansion of the State Route 539 project. The
State DOT has funds to move ahead with the next segment of this project. There
are other smaller water systems that must either find a new supply or consolidate
with Deer Creek Water Association. The utilities must work out these concerns by
late July or August of this year. Some of the issues, such as how to have a regional
water supply solution, are more long -term. In the year 2003, the utilities will
actually be constructed, and the road construction would follow the year after that.
Brenner asked if it's possible to come up with the kind of solution they've
discussed, or if there are any major hindrances to that happening before July or
August. Thielman stated it is a very tight timeframe to get the two groups
together, stay focused, and come up with a workable solution in that timeframe.
He would like to stay involved in this issue. The consultant hired by the State is to
pull things together, not do dispute resolution. The consultant is working with the
water association in another capacity.
Brenner asked if the time frame is possible for the City. Smyth stated it is.
The City, for its utility design, hired the consultant that the State hired for their
road design. The same players are on board.
Public Works and Capital Projects Committee, 3/26/2002, 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.
Brenner asked if the water association can work in that time frame. Schoen
stated it is tight, but they don't have a lot of choice. He will do his best.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.06, SOLID
WASTE RULES AND REGULATIONS (AB2002 -142)
Regina Delahunt, Interim Health and Human Services Director, stated this
was discussed at a Board of Health meeting. It is a fairly simple amendment to the
existing medical waste rules.
Brenner asked if this is new territory. Delahunt stated she didn't think so.
Brenner asked for a summary of the change. Delahunt stated the change
would allow small quantity generators of bio- medical waste, if treated on site, to
encapsulate treated sharps in plaster, as specified by the Health Department. After
plaster encapsulation, they would be allowed to go into the general waste stream
for disposal.
There is a scrivener's error in section 24.06.04(1)(a). The references to
another section of the code should be corrected, "24.06.04(2)(gh)."
Brenner stated correcting scriveners' errors does not require a motion.
Crawford moved to recommend the ordinance to the full Council.
Motion carried unanimously.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:45 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Public Works and Capital Projects Committee, 3/26/2002, 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.
Dana Brown - Davis, Council Clerk Barbara Brenner, Committee Chair
Public Works and Capital Projects Committee, 3/26/2002, Page 6