HomeMy WebLinkAboutSurface Water Work Session January 23 20181
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Whatcom County Council
Surface Water Work Session
January 23, 2018
CALL TO ORDER
Council Chair Rud Browne called the meeting to order at 10:30 a.m. in the Civic
Center Garden Level Conference Room, 322 Commercial Avenue, Bellingham, Washington.
ROLL CALL
Present: Tim Ballew, Barbara Brenner, Rud Browne, Tyler Byrd, Todd Donovan,
and Satpal Sidhu.
Absent: Barry Buchanan
SURFACE WATER. WORK SESSION AB2018 -024
2. BIRCH BAY SHELLFISH BED UPGRADE
Erika Douglas, Public Works Department, reported on the pollution identification and
correction (PIC) program and the State Department of Health review of shellfish beds in
Birch Bay. The State upgraded 129 acres of shellfish beds. At the north end of Lummi Bay,
the area will soon be identified as threatened near the mouth of Jordan Creek. They are
beginning pollution identification and correction work in the Jordan Creek watershed.
1. WATER PLANNING UPDATE
Gary Stoyka, Public Works Department, submitted and read through a handout of
the 2016 Interlocal Agreement flow chart (on file, item 1). He answered questions on the
role of the Ag Water Board and the watershed improvement districts (WIDs) and the State
law regarding the Planning Unit.
Linda Twitchell, Building Industry Association, spoke about the new State legislation
Engrossed Senate Substitute Bill (ESSB) 6091.
Stoyka submitted a handout on the flow chart of water - related efforts in Whatcom
County (on file, item 2) and stated ESSB 6091 changes the flowchart only slightly. He
submitted a handout of the County Executive's summary of the Passage of Hirst Legislation
- Whatcom County Highlights (on file, item 3) and stated the administration is implementing
the new legislation.
Jack Louws, County Executive, reported on the State legislature's adoption of ESSB
6091 and described the emergency interim ordinance that will be presented for Council
consideration at its meeting on January 30 to replace past ordinances and will allow the
County to begin accepting exempt well applications the following day. It will also allow the
Planning Commission to begin working on Code amendments to comply with the legislation.
He answered councilmembers' questions.
Surface Water Work Session, 1/23/2018, Page 1
1 The following staff also answered questions:
2 . Tyler Schroeder, Executive's Office
3 0 Karen Frakes, Prosecutor's Office
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5 Staff and councilmembers discussed getting into compliance with the Growth
6 Management Hearings Board, restarting the application process, whether people whose
7 applications were put on hold will receive priority attention from staff, the two options for
8 restarting the application process, and what happens if the County doesn't have a
9 watershed plan done by February 2019.
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11 Louws described the requirements to update the local watershed plan by February
12 2019 and described the administration's commitment to put together the mitigation
13 strategy.
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15 Staff and councilmembers continued to discuss whether the County can set more
16 restrictive regulations than the State legislation requires, being in compliance with State
17 law, getting Council consensus sooner rather than later, using this opportunity to solve
18 other problems in addition to the exempt well requirements, whether the County could
19 require water metering, and whether or not the Council should have an executive session
20 with legal counsel to discuss items of potential litigation.
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22 The Council concurred that Ms. Frakes would prepare a confidential memo
23 summarizing the issues to Council in lieu of an executive session at this time.
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25 Stoyka submitted a handout on ESSB 6091 - Update Watershed Plan through RCW
26 90.82 (on file, item 4) and answered questions on whether State funding can be used to
27 acquire water rights. The goal is consensus of the Planning Unit on the watershed plan. If
28 the Planning Unit does not achieve consensus, the legislation requires unanimous approval
29 from the governmental units and a majority approval of the non - governmental caucuses.
30 Once approved, it will go to the initiating governments for approval, then to County Council
31 for approval, then to the State Department of Ecology for approval. They will include a
32 representative from the Department of Ecology and both tribes early in the process.
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34 Staff and councilmembers discussed conflicts of interest among the initiating
35 governments and convening technical work groups.
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37 Stoyka submitted a handout of a memorandum to the County Council from Public
38 Works Director Jon Hutchings dated August 23, 2017 regarding the recommendations to the
39 County to Improve Water Resources Management (on file, item 5) and stated there is much
40 work that has already been done.
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42 Larry Helm, Planning Unit Water Association Caucus, spoke about the history of the
43 water resources inventory area (WRIA) structure and making sure the stakeholders remain
44 included in the process.
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46 Staff and councilmembers discussed the Planning Unit membership, meeting
47 schedule, and resources and hiring a hydrogeologist to support the process.
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49 3. PLANNING UNIT PRESENTATION
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51 Linda Twitchell, Planning Unit Member, spoke about the requirements of the Open
52 Public Meetings Act and avoiding executive session discussions whenever possible.
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Karen Frakes, Prosecutor's Office, answered questions on the purpose of executive
session so she can advise her client as to the risk they're facing if someone files a lawsuit.
Ellen Barton stated she would like the Council to announce the purpose of the
executive session.
Karen Brown, Planning Unit member, submitted a handout identifying her proxy for
the Planning Unit, Paul Isaacson (on file, item 6).
Paul Isaacson introduced himself and described his background.
Tyler Schroeder, Executive's Office, stated the staff will update the Planning Unit on
the next steps at its meeting tomorrow.
4. PRE - PROPOSAL FOR FLOODPLAINS BY DESIGN
Paula Harris, Public Works Department, described the State's Floodways by Design
program history and background. She submitted and read from a presentation on the
program (on file, item 7), answered questions on why State legislators didn't support the
Nooksack project, and described the ideas for each 2019 -2021 proposal projects. She
answered questions on protecting the integrity of the Puget Sound battery backup project,
reducing the water pressure on the levees, and the possibility of diverting and storing water
as an alternative to building levees.
Gary Stoyka, Public Works Department, described the need to use State funds for
funding levee projects.
Dick Whitmore, Planning Unit Member, spoke about coordinating the flood projects
with the watershed plan.
Staff and councilmembers discussed natural sedimentation drop and river dredging.
ADJOURN
The meeting adjourned at 12:33 p.m.
The Council approved these minutes on February 27, 2018.
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Dan .BroWrVD,aMis, Council Clerk
- - 7
Jill Nixon, Minutes Transcription
WHAT M C U COUNCIL
WHATC M , WASHINGTON
Rud' Browne, Council Chair
Surface Water Work Session, 1/23/2018, Page 3