HomeMy WebLinkAboutSurface Water Work Session March 24 2015Whatcom County Council
Special Surface Water Work Session
March 24, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 10:34 a.m. in the Civic
Center Garden Level Conference Room, 322 Commercial Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Satpal Sidhu, Barry Buchanan, Ken Mann, and Carl
Weimer
Absent: Rud Browne and Pete Kremen
SURFACE WATER WORK SESSION (AB2015 -0124
Watershed Planning Unit Uodate
Gary Stoyka, Public Works Department, reported on the Planning Unit and Joint
Board activity. They are choosing a facilitator for the Planning Unit, focusing on their work
plan and Council resolution 2015 -004, and discussing how to interact with the Council at the
next work session on April 21.
Weimer stated he would like to hear from the Planning Unit members what their
status is and what their plan is for moving forward.
Robin Dexter, Planning Unit Environmental Caucus Representative, stated a Planning
Unit subcommittee is working on follow -up to the Council's resolution in terms of the
Planning Unit work plan and discussing the option of becoming an advisory committee.
They are prioritizing where the Planning Unit should go in the future.
Weimer stated he would like to know if the Planning Unit is willing to become an
advisory committee and asked why the Council would want an advisory committee in
addition to the Planning Unit. Dexter stated the Planning Unit doesn't want to do work
that's been done already. Most of the subcommittee members want to be an advisory
committee.
Brenner stated the Council can just ask the Planning Unit for information without
changing it into an advisory committee. They don't need to label it. Dexter stated there is
concern that the Planning Unit is not an advisory committee. Some of the government
caucuses feel that the cost of the Planning Unit must be paid by the County. The
subcommittee would like to encourage the County to continue to fund their work.
Joint Board
Stoyka stated the Joint Board is discussing its future. It's running out of money and
is at the end of the Lower Nooksack Strategy, which is its five -year work plan. The Joint
Board will bring a presentation to the Council in April.
Surface Water Work Session, 3/24/2015, Page 1
1 Brenner stated anything the Joint Board does should first come to the Council for
2 approval.
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4 Stoyka stated the groundwater modeling project is moving forward, but needs
5 funding.
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7 Coordinated Water System Plan Update
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9 Stoyka stated work is proceeding well with the Water Utility Coordinating Committee
10 (WUCC).
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12 Recent Flood Damages and New Projects
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14 Brenner stated she would like to know which members of the Flood Control Zone
15 District Advisory Committee were present when the committee voted on the plan.
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17 Paula Cooper, Public Works Department, stated she would provide that information.
18 She submitted and read from a presentation (on file) on the 2014 -2015 winter damages.
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20 Buchanan asked what the County is doing about the Marine Drive bridge and log
21 jam.
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23 Roland Middleton, Public Works Department, stated they are maintaining by pulling
24 logs off the pier area. The point bar and sand have built an island in front of Marine Drive.
25 The Lummi Nation is asking the County to dredge the river, because their water intake for
26 the fish hatchery is there. The County will make sure the logs are removed from the area,
27 but the County can't dredge the river for them. The Lummi Nation will need to work with
28 the Army Corps of Engineers for that project. It will continue to accrete there. Their intake
29 is essentially in a sand bar now. Previous work that the County did helped them out and
30 helped with the County bridge. Now, removing the logs on top doesn't address their
31 problem. The County is working with them to move their intake to a different location in
32 the river. They can hang the water pipe on the bridge. The County can't dredge the
33 Nooksack for them.
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35 Brenner asked when the County can dredge again. The County had to stop dredging
36 because Canada stopped dredging. Now Canada is dredging again. Middleton stated that's
37 up to the Army Corps of Engineers. Staff is beginning to talk to them about it.
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39 Brenner stated the County should be allowed to do small dredging projects when
40 necessary. Cooper stated they need more scientific study and an environmental impact
41 study (EIS). Pierce County is doing that work. They have their U.S. Geologic Survey
42 (USGS) study done, and have allocated money for their EIS. They need to understand the
43 river sediment before moving into that with any hope.
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45 Brenner asked if the County can use any of the studies that Canada did for this area.
46 Cooper stated every study is river - centric.
47
48 Brenner stated they've done much preliminary work. Their fish runs are better than
49 ever before. Cooper stated let Pierce County, which has a lot more money, push through
50 the process and see how far they get.
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52 Cooper asked if the Board of Supervisors approves of her preparing a supplemental
53 budget for these projects.
Surface Water Work Session, 3/24/2015, Page 2
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2 The Committee concurred with moving forward.
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4 Charel Terrace -Birch Point Drainage Issue Update.
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6 Kraig Olason, Public Works Department, submitted and read from a presentation on
7 issues from the BBWARM (on file).
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9 Mann asked who owned the property at the time the Birch Point ditch was created.
10 Olason stated Trillium owned the 20 acres that the ditch was dug across. He doesn't know
11 if Trillium knew about the ditch.
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13 Brenner stated she disagrees that Trillium didn't know.
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15 Olason stated the couple who bought the property from Trillium still owns it.
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17 Weimer asked if County policy can change so they do not have to sue the property
18 owner and instead have a policy requiring environmental impact studies, for example.
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20 Brenner stated they just didn't do it legally.
21
22 Olason stated the question is what requirements they violated. There was no plan
23 they violated.
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25 Weimer asked if the County's only option is to sue for whatever they violated.
26 Olason stated that's correct, at this point.
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28 Weimer asked if the County is making it clear to them that the County intends to sue
29 for damages if they don't cooperate. Olason stated they can't sue for damages until
30 something is wrecked.
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32 Brenner stated it's already wrecking people's properties. Olason stated he doesn't
33 know that. Charel Terrace has performed well the last couple of years. The storm in
34 January was at the edge of what it could handle. Since the County fixed Charel Terrace, it's
35 been fine. It's not been fine at the State Department of Natural Resources (DNR) outlet.
36 This relieves some of that pressure.
37
38 Brenner stated she attended both meetings that DNR also attended. DNR seemed to
39 want to work with Whatcom County. The County should send an ultimatum to the new
40 owners. Olason stated the County can file its letters on the title. Someone who buys the
41 property will be aware of it.
42
43 Mann stated they should do that.
44
45 Olason continued his presentation on the pre- design study.
46
47 Mann asked what makes the truss - supported pipe option more secure. Olason
48 stated they are far enough back to be in a more stable portion of the hillside. The question
49 is how long it will stay stable. At the time this is designed for construction, they will have to
50 have geo -tech work done and look more specifically at how far back they need to go.
51
52 Mann asked at what point will the Council choose the design strategy. Olason stated
53 the project they just finished was to establish these alternatives. The staff's preferred
Surface Water Work Session, 3/24/2015, Page 3
1 alternative is the anchor secured pipe based on price and on the reality there will be a lot of
2 movement. It's not as hard to fix as a truss system. It looks to be a more durable product.
3 It's amazing how much contortion the existing pipe has handled over the last few years, and
4 it still functions.
5
6 Mann asked if that option can be adapted in the future if they lose a lot of land in a
7 year. Olason stated they can. The truss design included a stairway, which would be a nice
8 access to the beach. The problem is that it's an active zone of wave activity and slides.
9
10 Weimer asked how much time people have on their DNR leases. Olason stated the
11 DNR leases were for approximately 50 years. Some of them are coming due. A lot of
12 people are renegotiating right now.
13
14 Brenner stated she got the impression that most people want the option with the
15 flexible pipe.
16
17 Weimer asked if they are talking to the property owners about sharing the costs.
18 Olason stated he has not got any clear statements from anyone renting the DNR lots that
19 they want to pay for it.
20
21 They tried to put together a funding plan that included a variety of factors, primarily
22 about the contributors to the water system. People right along the road aren't contributing
23 much water to the system. It's the big property and the road. If there was an imminent
24 development, there would be more interest in participating.
25
26 Mann asked if all the land on the water side of the road is leased land. Olason stated
27 most of it is leased land. He indicated the location of the lease land.
28
29 Birch Bay Sub - watershed Plan
30
31 Olason stated the sub - watershed plans are available and would eventually be added
32 to the comprehensive stormwater plan. They provide the inventory and detail about the
33 capital projects they'll be working on. It adds much additional information to the
34 comprehensive stormwater plan, and it's what they rely on for doing the capital plan.
35
36 Jerry Scheller, Tetra -Tech, submitted and read from a presentation (on file). The
37 information gathered during the inventory of stormwater facilities will go into the hydraulic
38 models used to route flows through the system. That helps identify capacity issues.
39
40 Brenner asked if the benefit to the community must include all factors, or just one
41 factor, such as severity of flooding. Scheller stated they assign points for each factor.
42 Some factors get more points than other factors.
43
44 Brenner stated she's surprised that aesthetics is a factor. Scheller stated it is, but it
45 has a low point value. He continued to describe planned improvements.
46
47 Weimer asked if all these areas are in the national pollution discharge elimination
48 system (NPDES) permit area. Olason stated more developed areas are included, but not
49 the fringe areas.
50
51 Weimer asked if these plans are coming to the Council for approval. Olason stated
52 they eventually will, to be incorporated into the comprehensive plan. They will forward
53 these two plans first, and the others will follow.
Surface Water Work Session, 3/24/2015, Page 4
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Weimer asked if BBWARM is using this information to prioritize. Olason stated it is.
Brenner asked if they can get an agreement to not require annual inspections since
these will be new projects. Olason stated the general inspection requirement is for every
other year. He doesn't think they care whether or not the infrastructure is new.
National Pollutant Discharge Elimination System (NPDES) Phase II Permit Annual Report
Cathy Craver, Public Works Department, submitted and read from a presentation (on
file).
Brenner asked if Ms. Craver will have a list of providers and consultants to do
stormwater facility work. Craver stated jurisdictions have shied away from supporting
specific groups. However, they will work on outreach this year to provide a list similar to
the wetlands consultants list. The County doesn't endorse any of the providers. A list of
people that do vactoring, landscaping, and other work will be on the website. She
concluded the presentation.
ADJOURN
The meeting adjourned at 12:23 p.m.
The Council,�,pproved these minutes on July 21, 2015.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Crun cil Chair
Surface Water Work Session, 3/24/2015, Page 5