HomeMy WebLinkAboutWater Work Session Apr 16 2024Council Water Work Session
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, April 16, 2024
10:30 AM
Civic Center Building Conference Room / Hybrid Meeting
HYBRID MEETING - (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010)
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Kaylee Galloway
Jon Scanlon
Mark Stremler
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Water Work Session Minutes - Final April 16, 2024
Call To Order
Roll Call
Council Chair Barry Buchanan called the meeting to order at 1:30 a.m. in a
hybrid meeting.
Present: 6 - Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Todd Donovan, Jon Scanlon,
and Mark Stremler
Absent: 1 - Tyler Byrd
Announcements
Meeting Materials
AB202%J_w01 /1 Meeting Materials for Water Work Session April 16, 2024
Water Issues Update
This agenda item was RECEIVED.
Gary Stoyka, Public Works Department updated on the following:
• Adjudication: Everything is indicating that the Department of
Ecology (DOE) will file the adjudication case in Superior Court this
month or the first few days of May. They are just starting to
implement a contract with Aspect Consulting for technical
assistance help in developing a water use calculator tool and written
instructions on how to fill out the paperwork, conducting in -person
and virtual public training and outreach events, responding to public
inquiries via phone and email, and offering general assistance. The
1 uvlia. Works Depa1l111A.nt has also star"eu workingJJiaii the
Administrative Office of the Courts so they can do coordinated
outreach and set up a common county landing page (probably through
the Executive's Office).
• They are working to finalize another grant with the DOE to do
technical studies, they are working to complete the multi -purpose
water storage study, and are working on the instream flow
extrapolation study.
• They are working on a grant agreement for the Brian Abbot Fish
Barrier Removal Board to work on four to five culvert designs in the
Black Slough area. He answered whether the funds that they are
going after were the funds in the 2024 supplemental budget, and if
they are, whether they could be at risk since those become null and
void should the Climate Commitment Act get repealed. He spoke
about fund sources and stated this is a State grant. If the Climate
Commitment Act gets repealed, however, it will have an impact on
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Council Water Work Session Minutes - Final April 16, 2024
flood and environmental programs.
• Public Works hired a natural resources specialist to help with the
new culvert program. They have also hired an engineering manager
and are in the process of hiring an engineer for that group. Once that
engineer gets on board, they will solicit for an engineering
technician.
• The next Watershed Management Board meeting is June 5, 2024
(the April 18 meeting was cancelled). He spoke about potential
topics of discussion.
• The fleet electrification study contract will be next week as well as a
contract with a consultant to do the climate element of the
Comprehensive Plan.
• Next week, Chris Elder will be kicking off phase Il of the Compound
Flood Vulnerability Assessment.
• The next Water Work Session is May 14, 2024.
• River and Flood: They are still working on purchasing properties, and
still waiting on FEMA for the second round of buyouts and elevation
money for people to elevate their homes. They are working on an
application for the next round of the Floodplains by Design grant and
are also continuing to work with Canada to come up with a
comprehensive flood strategy for the Nooksack overflow area and
other flood issues.
The Truck Road repair project bids are scheduled to be open this
afternoon.
They are close to hiring a river and flood administrative manager
position, and they are recruiting for a river and flood engineering
technician.
Raylene King, County Clerk for Superior Court, answered when they will
actually need the expanded court space for adjudication work and stated
they need it sooner than later and spoke about why.
Stoyka answered what the multi -purpose water storage is and whether it
looks at the entire river. He explained what it is for and stated it is for the
entire Nooksack basin.
Stremler spoke about other places in the state that have done some
comprehensive river programs.
Scanlon asked about the delays with FEMA for the next round of buyouts,
whether we are seeing other delays with FEMA commitments in our county,
and whether it would be helpful to have Congressman Larsen give them a
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Council Water Work Session Minutes - Final April 16, 2024
call. He stated he would check with River and Flood to see if they need any
assistance for it.
Marine Resources Committee Annual Report
Austin Rose, Public Works Department, read from a presentation (on file)
about the history of the Marine Resources Committee and the projects they
are involved in. She answered whether there are Pacific oysters in North
Chuckanut Bay and stated there are. They have been trying to use Pacific
oyster shells as substrate for the Olympia oysters but so far it has not been
working well because they like a hard, rocky substrate. She answered why
the Beach Seine with Kids program did not involve all the school districts,
and stated they are trying to broaden the program but it is just a capacity
issue at this time. She answered whether there are more resources to deal
with derelict vessels and whether the State tries to recoup some of the costs
from registered owners. She spoke about the Department of Natural
Resources Derelict Vessel Remover Program and stated the County is also
working on a local level to develop a program and a process to follow.
Drayton Harbor Shellfish Protection District Recovery Plan
George Kaas, Drayton Harbor Shellfish Protection District Advisory
Committee Chair, introduced the presentation.
Ingrid Enschede, Public Works Department, read from a presentation (on
file) on the history of the formation of the shellfish protection district and
the advisory committee. She stated they are here today to talk about the next
update to the Shellfish Recovery Plan and keep talking about the work that
they need to keep doing to protect water quality in the Drayton Harbor
watershed. She gave an overview of what is in the 2024 Shellfish Recovery
and Protection Plan and stated they will talk about the recommendations
developed by the advisory committee for continued action.
Kaas read from the presentation about how the committee developed the
recommendations and went over the new priorities in Appendix A.
Enschede, Erika Douglas, Public Works Department, and Kaas answered
questions about the recommendation to combine individual shellfish
protection districts in light of the fact that Birch Bay overlaps and is paired
up with the Birch Bay Watershed and Aquatic Resources Management
(BBWARM) District, making it very different from the other two
protection districts. A proposal to combine the districts would involve
amending the Whatcom County Code which would have to be approved by
the Council.
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Kaas continued with his presentation and Steve Seymour, Drayton Harbor
Shellfish Protection District Advisory Committee, spoke and answered
questions about the new priority (under Urban Areas) to explore options to
reduce the shellfish harvesting closure zone around the Lighthouse Point
Water Reclamation Facility outfall on the outside of Semiahmoo Spit.
Kaas continued and finished the presentation.
Rick Beauregard, Drayton Harbor Shellfish Protection District Advisory
Committee, summarized three iterations of the shellfish protection district.
First, they spent a lot of money and effort to replace the old sewage
treatment plant, which had an immediate positive impact on water quality.
Then they started looking at improving water quality upstream and worked
with the agricultural community on managing their nutrients. And now, there
has been some regression (downgrades) in the last couple years, so they
will start to focus on prevention from the "triple threat" of growth and
development in the county, aging urban infrastructure in the City of Blaine,
and climate change and sea level rise.
Scanlon asked what lessons we learned in 2007 to help us now going
forward. Enschede stated they have learned that they are never done and
these are really ongoing efforts. Douglas stated some things in the 2007
plan are ongoing and it is going to take community stewardship and
continual engagement in long-term solutions.
Kaas and Katherine Garrah, Drayton Harbor Shellfish Protection District
Advisory Committee, answered a question about what it means that there
has been a change in soil and water chemistry. Kaas stated it is what is being
released into the water that has changed. Garrah stated water is a matrix and
there are conditions that affect it such as pH, carbon dioxide, oxygen,
metals, nutrients, bacteria, viruses and other pathogens. These are the things
that need management and have changed, along with the activity levels of
those elements.
Enschede stated they will be bringing a resolution to Council on May 7 to
approve the 2024 plan. She answered if there will be budgetary implications
of the changes and stated there will not.
Clerk's note: Kurt Baumgarten, Drayton Harbor Shellfish Protection
District Advisory Committee member, was present but did not speak.
Pollution Identification and Correction (PIC) Program Agricultural Cost Share
Adjustment Recommendation
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The following people read from a presentation (on file):
• Ingrid Enschede, Public Works Department,
• Corina Cheever, Whatcom Conservation District
They gave an overview of the Agricultural Cost Share Program and talked
about a need to adjust it to increase the maximum cost share amount. Right
now, it is 75 percent of the total cost of the project (recommended
infrastructure changes), up to $3,000 and they are recommending
+i..,++ $A cA0 a +- q +- rL 1 d +11
I ncreasing wia� w 4 DU uue w iiii adaun. Cheever explained pile program
and gave examples of success stories. Enschede stated the budget would
remain the same so it might mean that fewer, but good quality, projects get
done. It would just be a small administrative change to their interlocal
agreement with the Conservation District, but they wanted to bring it to
Council's attention.
They answered how many projects a year can be done, why there has been a
reduced interest in the program and how this could help, and whether there
is anything in this program or in another fund for maintenance. They stated
there is not, but they are trying to get ahead of potential breakage by
building infrastructure that will last.
WRIA 1 Planning Unit update
Chris Elder, Public Works Department, introduced the discussion.
Dan Eisses, Birch Bay Water and Sewer District and WRIA 1 Planning Unit,
gave an update on Planning Unit activities. He stated the Planning
Denartment came to the Planning Unit meeting in Tan�aary to say they are
r
kicking off the Comprehensive Plan and to ask the Planning Unit for
advance comment. Planning requested comments to be submitted within a
month which is hard for the Planning Unit to do. He stated they have been
sending letters to the Council over the last two years regarding the
upcoming Comprehensive Plan, a lot of which had to do with tying water
use to land use and making sure that there is water supply for how Whatcom
County is zoned. Elder was able to go back through the record for the last
two years and put those letters together, then the Planning Unit was able to
edit them and send them to the Planning Department. He stated Elder is still
working on the West Ferndale study and trying to get a consultant on board
to see if there is enough water supply for the zoning out there.
Elder stated he also gave the Planning Unit an update on the Phase II flood
vulnerability assessment project and they discussed that briefly.
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Other Business
Adjournment
Buchanan asked if anyone had public comment and the following person
spoke:
• Ryan Bowman
There was no other business.
The meeting adjourned at 12:24 p.m.
The County�Qgijnrjjtapproved these minutes on September 24, 2024.
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Kristi Felbinger, Minutes Transcription
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