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2005, 02-28 Special Joint Council/BOCC Meeting MinutesMinutes of Joint Meeting Spokane County Commissioners and City of Spokane Valley Council Monday, February 28, 2005 3:00 p.m. — 5:00 p.m. A Special Joint Meeting of the Spokane County Commissioners and City of Spokane Valley Council was held on the above date at the Spokane County Public Works Building, Lower Level, W. 1026 Broadway, Spokane, WA. The session convened at 3:00 p.m. with the following present: Commissioner Phillip D. Harris, Chair, Commissioner Todd Mielke, Vice - Chair, Commissioner Mark Richard and City Council Members Mayor Wilhite, Deputy Mayor Munson, Councilmember Flanigan, Councilmember Denenny, Councilmember Schimmels and Councilmember DeVleming. Councilmember Taylor was absent. The purpose of the meeting was to discuss the following item: • Issues surrounding future Wastewater Treatment. The meeting was open to the public, but was of a workshop format with no public testimony taken. Discussion was limited to Council Members, County Commissioners, appropriate Staff and Counsel. Bruce Rawls, Director of Utilities for Spokane County, began the meeting by going over an outline (see handout A) with the Board and Council on the following topics: • Background of Wastewater Facilities Planning o Wastewater Treatment Plant Project Status o Dissolved Oxygen Total Maximum Daily Load (TMDL) o Use Attainability Analysis (UAA) o Petition to adopt the UAA by Formal Rule Making o Possible Future Approaches • Status of interlocal agreement for Wastewater Management • Status of the Wastewater Governance Discussions • Intro to discussion of Assumption of the Wastewater Collection System in the City After the overview, the Board and Council discussed the DOE loan and the fact that the scope was rewritten from a design /building to a study. Mr. Rawls also stated they would provide a copy of the 1 quarterly report to the City. The Board and Council also discussed non -point sources sharing in the removal of phosphates. Commissioner Mielke stated that in light of the withdrawal of the Petition by the petitioners and the letter from DOE, he expected negotiations to move forward quickly. We need to look at the draft TMDL and removal of discharges from the river. Mr. Rawls stated DOE admitted if dischargers were removed we would not meet the water quality standards. State Water Quality Standards were used to establish the draft TMDL. The Joint Meeting between Spokane County and City of Spokane Valley Page 1 of 3 February 28, 2005 Minutes prepared by Daniela Erickson, Clerk of the Board UAA would set different water quality standards to be used in the TMDL. How would we develop a strategy to reach standard? Look at point and non -point sources. Look at non -point dischargers such as phosphates in dish soap, fertilizer, etc. DOE has an interest in going back to the table to negotiate the TMDL. DOE knows we have a strong legal position. Clean Water Act of 73 left a lot of room for discussion. Some are interpreting by the law and not the intent. If we find common ground with all the petitioners, DOE, governor's office, legislators and work together first and then present to EPA. Also, need to address the concerns of the tribes but first work with DOE and then bring other groups in. People realize non -point sources are important and also the need to address overall broad problems collaboratively. Commissioner Mielke stated there was an exchange of letters last week whereby the petitioners withdrew and DOE accepted the withdrawal. DOE would voluntarily put a hold on the draft TMDL. Also, everyone would work together to look at the issue of allocation into the Spokane River, begin discussions on non -point strategies and look at permit renewals /extensions. Mr, Rawls stated that the letter from DOE provided a time frame of 90 days to resolve the draft TMDL, UAA and allocation issues. The next topic discussed was the County's change in policy regarding time allotted to hook up to the sewer system. Mr. Rawls explained that previously, a homeowner had a twelve -month time frame to connect to the sewer system after the County had sent notice. Under the new policy, a notice would not be sent to a homeowner to connect to the sewer system until the County knows what capacity is available. A homeowner could under the old or new policy voluntarily connect to the sewer system. At the time capacity has been resolved the notices would be send out sequentially and not all at once. Mr. Rawls also discussed the outline item regarding acquisition of Saltese area for wetland restoration. He commented on a similar project in Phoenix, Arizona, which involved around 100 acres of wetland. He would like to discuss acquiring this area but would need to discuss further with Doug Chase at Parks, regarding use of Conservation Future's monies, and the Dept. of Fish and Wildlife before making any type of recommendation. Councilmember Denenny questioned what amount of phosphorus was attributable to non -point sources. Bruce Rawls indicated that there needed to be more study on non -point sources and background. Bruce Rawls commented on the significance of a timely resolve of the TMDL matter. He indicated that we needed a decision by the end of 2005. After this, it would take 2 years to prepare plans for the new treatment facility and another 4 years to build the plant. We needed the facility on line by the time we used our 10 million gallon capacity at the City of Spokane's Regional Wastewater Treatment Plant. Councilmember DeVleming asked about the status of the Governance Committee. Bruce Rawls indicated that at the last meeting the Committee had agreed to hire John Maxwell as a mediator. Mr. Maxwell was to interview the governance members to see if there was enough commonality to proceed forward. He was not certain whether or not the City of Spokane had executed their agreement but would check. Commissioner Mielke said he would replace John- Roskelley as the County's representative on the Governance Committee. Joint Meeting between Spokane County and City of Spokane Valley February 28, 2005 Minutes prepared by Daniels Erickson, Clerk of the Board Page 2 of 3 Deputy Mayor Munson requested that the City be keep updated on DOE/Petitioner negotiations_ Commissioner Mielke said he would keep Dave Mercier updated. Lastly, the topic discussed was assumption of the wastewater collection system by the City. Bruce RaIs indicated he had assembled everything that the city needs to know in conjunction with accepting ownership of the wastewater collection system. he indicated the City probably needed to hire a financial consultant to review the materials, Councilmen DeVleming asked what was being transferred. Bruce Rawls indicated he did not know exactly what would be transferred. This decision would be up to the Board of County Commissioners and he had not had an opportunity to discuss this matter with them, Prior to adjournment it was conceded that Bruce would meet with Mr. Maxwell, another Governance Committee Meeting would be held and they would report back to everyone_ Commissioner Todd Mielke would represent the BOCC on the Governance Committee. The meeting was adjourned at approximately 4:45 p.m. Joint Meeting between Spokane County and City of Spokane Valley February 28, 2005 Minutes prepared by Daniels Erickson, Clerk of Ile Board Page 3 of 3