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Home My WebLink AboutWater Work Session Sep 17 2024COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Minutes a Final Tuesday, September 17, 2024 10:30 AM Civic Center Building Conference Room / )Hybrid Meeting (322 N. 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 Cathy Halka, AICP, CMC Council Water Work Session Minutes - Final September 17, 2024 Call To Order Roll Call Council Chair Barry Buchanan called the meeting to order at 10:31 a.m. in a hybrid meeting. Present: 6 - Tyler Byrd, Barry Buchanan, Kaylee Galloway, Todd Donovan, Jon Scanlon, and Mark Stremler Absent: 1 - Ben Elenbaas Announcements Buchanan stated he was going to change the order of the agenda items and consider the 2025-2030 Water Resources Improvement Program first. Meeting Materials A13124124µ019_ Meeting Materials for Water Work Session September 17, 2024 This agenda item was RECEIVED. 2025-2030 Water Resources Improvement Program Water Issues Update This item was considered first, out of agenda order, and the following people spoke: • Gary Stoyka, Public Works Department • Paula Harris, Public Works Department • Elizabeth Kosa, Public Works Department Director • Christina Schoenfelder, Public Works Department • Cody Swan, Public Works Department • Ingrid Enschede, Public Works Department • Holly Faulstich, Public Works Department Harris read from the Six -Fear Water Resources Improvement Program (on file in the packet) and briefed the Councilmembers on the river and flood projects, and the speakers answered questions about the projects, the Flood Fund balance, and funding sources. Swan presented on the stormwater portion and the 2025 construction schedule, and the speakers answered questions about the projects. Gary Stoyka, Public Works Department, gave updates on the following and Miatcom County Page 1 Printed on 101912024 Council Water Work Session Minutes - Final September 17, 2024 answered questions: • The status of the water rights adjudication process and tools (including an online adjudication web map and water use calculator) to help people with filing claims • An upcoming informational event in Ferndale for permit exempt well holders • Work with other County departments to compile a list of County water rights • Technical studies, including a completed multi -purpose water storage study and the next step of looking at two of the storage options, approval to do a field study of agricultural tile drain management, and looking into doing another groundwater modeling scenario • Fish barrier and culvert projects • The need for more time for the draft 2025-2029 Lake Whatcom work plan due to the number of public comments received • An upgrade in shellfish beds (discussed in more detail in the next agenda item) • The next Watershed Management Board meeting scheduled for November 14, 2024 • Work on climate action projects, including the recently approved sea level rise vulnerability assessment phase 2, the electric vehicle charging station study and transition plan, and integrating climate change into the Comprehensive Plan • Preparing for flood season and demolition of eight of the homes purchased by the County Portage Bay Shellfish Growing Area Upgrade Ingrid Enschede, Public Works Department, briefed the Councilmembers (see visual on file) on the Washington State Department of Health (DOH) approval of an upgrade to the Portage Bay shellfish growing area. She answered if they know why things got better, and spoke about several factors, but stated they cannot pinpoint one specific program or effort. She answered how long DOH needs to get good readings before the area can get an upgrade and stated they look for a sample set of 30 samples which can span over a little less than three years. She stated a press release will go out soon. The following people spoke: Whalcom County page 2 Printed on 101912024 Council Water Work Session Minutes - Final September 17, 2024 Lummi Island Ferry • Chris Elder, Public Works Department T T..�__ n___,1•__t_ R7nTA Tll_. TT__'.. A 1 i`I_______ r1en7i7 D1Gi11nK, W M1H rlanning Unit Agriculture Caucus Bierlink updated the Councilmembers on wha`L the Planning Unit has been working on, including land and water integration policy and how they can ensure that what they plan in water planning is the same as what is being done in land use planning. He and Elder spoke about the West Ferndale rural land pilot study. Bierlink updated on other projects and future Planning Unit discussions. Elder stated the Planning Unit had a recent update on the County's adjudication resources and will be getting an update from Department of Ecology's Robin McPherson at their October meeting. The following people spoke: • Elizabeth Kosa, Public Works Department Director • Laura Frolich, Public Works Department • Roland Middleton, Public Works Department Frolich read from a presentation (on file) and she and the speakers discussed with Councilmembers whether design changes (such as a smaller vessel or type of propulsion) can be made before triggering the Federal National Environmental Policy Act (NEPA) and State Environmental Policy Act (SEPA) processes. They discussed that it would essentially mean not continuing with the RAISE grant because of size change and time constraints and because the current design is what was used on the grant application, exploring whether US Department of Transportation (USDOT) might grant an exception or change of scope, and whether the County can even afford to accept the $25 million. Middleton answered how much longer (beyond the one year minimum for the NEPA process) potentially having to go through an Environmental Impact Statement (EIS) process would take, and stated it would be lengthy. He spoke about other unsuccessful grants and stated the grant administrators told them they would not support lessening the size. Councilmembers and the speakers discussed that the 34-vehicle level of service was developed through a long process and how it was determined, the lack of electrification infrastructure and the fact that it is not included in the projected cost, where that infrastructure would be located, whether they should also have conversations with the Public Utility District (PUD) Whatcom County Page 3 Printed on 101912024 Council Water Work Session Minutes - Final September 17, 2024 Other Business Adiournment and Orcas Power and Light Cooperative (OPALCO) (Puget Sound Energy is the provider in the area) to see if they might have capacity to service this, and future relocation of the terminal. Frolich played audio of an article on the Jones Act (Merchant Marines Act of 1920). Clerk's note: The audio did not play on the meeting recording but the article which was read aloud is attached to the file in the meeting materials. Donovan stated the County may have priorities for capital funds that they want to lobby the Legislature for and he would be worried about prioritizing the ferry for those capital funds over things that might address the housing crisis or other capital needs. They can ask for a lot of things, but if it drowns out their asks for other priorities he would be cautious. He stated he would like to hear more about the countywide district and if it would take some pressure off the Road Fund. Scanlon stated it would be helpful to know all the costs involved (such as the $8 million for the electrification infrastructure), and what impact all the financing options would have on the General Fund. There was no other business. The meeting adjourned at 12:30 p.m. The Coun®t�Cl4' eiiispoved these minutes on October 8, 2024. ATTS� q,PT C C�� 01""1 WHATCOM COUNTY COUNCIL 0.0 WHATCOM COUNTY, WA 'mV Cathy I ail , Council derk, ' Bar y chanan, Council Chair FUb Kristi Felbinger, Minutes Transcription Wkatcons County Page 4 Printed on 1 "12024