HomeMy WebLinkAboutWater Board - Minutes - 06/26/2008Fort Collins Utilities Water Board Minutes
Thursday, June 26, 2008
Water Board Chairperson City Council Liaison
Doug Yadon, 484-3611 David Roy, 217-5506
Water Board Vice Chairperson Staff Liaison
Gina Janett, 493-4677 Robin Pierce, 221-6702
Roll Call
Board Present
Vice Chairperson Gina Janett, Reagan Waskom, Johannes Gessler, David Pillard, John
Bartholow, Mike Connor, Gary Wockner, Phil Phelan, Steve Balderson and Eileen Dornfest
Board Absent
Chairperson Doug Yadon
Staff Present
Brian Janonis, Carrie Daggett, Bob Smith, Susan Hayes, Kevin Gettig, Keith Elmund, Dennis
Bode, Susan Smolnik, Diane Jones, Patty Bigner, Jennifer Shanahan, Katie Bigner, Robin Pierce
and Olivia Brown
Guests
Lori Brunswig
Meetine Convened
Vice Chairperson Gina Janett called the meeting to order at 5:17 p.m.
Citizen Participation
None
Minutes of April 24, 2008
Board Member Johannes Gessler moved to approve the minutes from the April 24, 2008,
meeting. Board Member Mike Connor seconded the motion, and it passed unanimously with one
abstention from Board Member John Bartholow.
Boxelder Stormwater Master Plan and Inter -governmental Agreement
Bob Smith, Water Planning and Development Manager, provided the Water Board with a brief
summary and update of progress related to the Boxelder Stormwater Master Plan and Inter-
governmental Agreement (IGA) for stormwater cooperation. Mr. Smith solicited the Board's
comments and recommendation, as this item is scheduled to go before Council on July 15. Since
the last presentation to the Board, staff has updated the cost estimate, received a pre -disaster
mitigation grant (PDM), presented at a Council work session and obtained preliminary rate
numbers.
Boxelder Creek covers 266 square miles, including farmland in Larimer County, as well as
residential and commercial areas of Wellington, Fort Collins and Timnath. The Boxelder Creek
Regional Master Plan calls for improvements totaling $14.7 million. By providing a more
detailed project design, staff cut the estimated cost of the improvements to Clark Reservoir
Detention by $2.2 million. Additionally, Larimer County applied for a PDM grant from FEMA
and has received preliminary notification that a $3 million grant has been approved, bringing the
total out-of-pocket cost to participating entities to $9.5 million. The shared local match for the
PDM grant is $1 million. Fort Collins' share amounts to $200,000. Mr. Smith expects the official
notification from FEMA regarding the grant by the end of July. At that time, they will have
approximately 30 days to respond. At that point, the City will need to show that its share of the
matching $1 million is available.
The Master Plan improvements will remove 2,535 acres from the floodplain. Of that, 1,410 acres
are undeveloped, including land in the County, Fort Collins and Timnath. The Boxelder Creek
Regional Alliance completed a cost benefit estimate that included the value of land coming out
of the floodplain. However, Council asked Utilities staff to calculate the benefit to cost ratio in
the traditional format, as is typically done for master plans. This method includes only the
damages, direct and indirect, and the costs of the improvements. The benefit to cost ratio, as
calculated originally, was 1.1. Along with the cost revisions mentioned above, this estimate came
to 1.5.
Since Mr. Smith's last presentation, Timnath has submitted paperwork to the County for review
of its flood control project. The IGA the County and Timnath are working on would require any
property that is a tributary to Boxelder Creek to pay fees when then the authority is formed. The
IGA between Wellington, Latimer County and Fort Collins will entail several provisions, such as
steam stability, erosion control, habitat protection, transportation connections and water quality.
While the provisions in the IGA are still subject to change, there will be uniform fees for each of
the three entities so each pays a fair share for stormwater improvements.
Board Member Waskom said 1.1 or even 1.5 seems like a low cost benefit ratio and asked how it
compares to other stormwater projects. Susan Hayes, Stormwater Civil Engineer III, said it
compares favorably. The ratios in the rest of the City's basins are between one and two. She
explained that for drainage projects, anything above one is considered quite good. Board
Member Connor asked if the cost is calculated on a per -incident basis. Mr. Smith said they look
at what damages are associated with storms over the life of the project, with probability spread
over 50 years.
Board Member Wockner asked who is assumed to bear the cost of flood damage in the cost
benefit analysis. Mr. Smith said they do not assume who would pay for damages when they do
the cost benefit analysis. It is used to compare alternatives for cost effectiveness. Board Member
Wockner asked if the underlying assumption is that the Cities or Counties are going to bear the
cost of ensuring private property does not get damaged in the event of a flood.
Brian Janonis, Utilities Executive Director, asked the Water Board if they would entertain a
question from the audience. Visitor Lori Brunswig said she believes Larimer County requires
property owners to pay an extra fee when they develop property in a floodplain, but the City of
Fort Collins requires everyone pay to remove properties from the floodplain. Mr. Smith said he
believes the County has the same fee structure as the City. He explained the City has two fees,
the Plant Investment Fee (PIF) and the monthly stormwater fee. At the time of development,
property owners pay a PIF, due to the change in runoff that development causes. Once a property
is developed, they pay a monthly stormwater fee that is the same base rate for everyone. This
rate is calculated based on the impervious area of the structure. Undeveloped property does not
pay a monthly fee. Before the flood of 1997, each basin had a different fee. Since then, Council
adopted a policy stating everyone benefits from drainage improvements, so all customers pay the
same fee, whether the property is inside or outside the floodplain.
Board Member Wockner asked if a proposed commercial development on top of a hill pays the
same PIF as a proposed development in the middle of a floodplain. Mr. Smith said a proposed
development in the floodplain would have to pay a fee and meet the City's floodplain regulations
for development, such as building elevation. Board Member Wockner said he believes if this
project goes forward and moves a lot of undeveloped land out of the floodplain along I-25,
developers will not have to bear the cost of floodplain regulations because the City will have
done that for them. Board Member Bartholow asked if this was considered in the cost benefit
analysis. Mr. Smith said only existing structures were considered when calculating the cost
benefit ratio. Board Member Connor then asked if the increase in property values, and therefore
property tax revenue, from properties removed from the floodplain were included in the cost
benefit ratio. Mr. Smith said that is not traditionally included in the benefit analysis.
Board Member Bartholow said just as there may be benefits not counted, there are also costs that
are not counted, for example, the natural value of the floodplain as it stands without alteration.
Measuring or quantifying that is difficult. Vice Chairperson Janett asked how much of the
floodplain is natural and how much was created by construction of I-25 and irrigation ditches.
Board Member Bartholow asked if all the existing structures counted in the benefit cost analysis
would have the opportunity to purchase private flood insurance. Mr. Smith said every property in
a floodplain with a mortgage or a loan is required to have flood insurance.
Vice Chairperson Janett asked if there are existing Fort Collins residents in the Boxelder
floodplain who are currently paying monthly stormwater fees to the City. Mr. Smith said yes,
and their fees will not change. However, people in the County do not currently pay a fee. One of
the benefits of moving ahead with this project is that people in the County will now pay fees and
contribute to improvements from which properties in the County benefit. Vice Chairperson
Janett asked if monthly stormwater fees will increase for existing Fort Collins residents as a
result of the revision to the master plan. Mr. Smith said no, the City's share of the Boxelder
improvements is based on what is in the basin. The City's portion of the Boxelder fees would not
be coming from the whole city, it would just be those fees collected because of the Boxelder
basin. Board Member Connor said he was concerned about the cost of the project and asked how
it will be funded. Mr. Smith said the City's goal is to pay as little as possible, adding that the
City's policy has been to pay as we go. There is a short window of opportunity for the $3 million
PDM grant. Vice Chairperson Janett clarified that the City will pay cash.
Board Member Wockner asked about the Board's role. If the Board votes no, will it still go
before Council? Mr. Smith said yes. Vice Chairperson Janett said the Board is serving in an
advisory capacity on this project and clarified the motion would be to vote on both the master
plan and the IGA.
Board Member Gessler moved the Water Board recommend City Council approve the Boxelder
Stormwater Master Plan and IGA. Board Member Connor seconded the motion. After
discussion, Vice Chairperson Janett called for a vote. Three board members voted in favor, six
were opposed, with one abstention. Board Member Dornfest explained she chose to abstain
because she was not present at the last meeting when the project was presented in more detail.
Board Member Wockner explained why he voted no, stating he has problems with both the IGA
and the master plan. When the IGA was discussed by City Council, there were issues with the
makeup of the five -member board that were not adequately addressed. There also are problems
with the relationship between the City and Timnath. He believes the citizens of Fort Collins are
being asked to pay for something that benefits Timnath, but Timnath is refusing to agree to work
with the City on several issues. The master plan would require current customers to pay for
improvements that benefit future developers by significantly reducing the cost to develop. He
believes the purpose of this project is to facilitate cheaper, faster growth along I-25. He also
requested stormwater staff be more sensitive about the language they use, indicating they are
using an antiquated idea of what a cost and a benefit are. They are talking about removing a 100-
year floodplain along many miles of a stream, but the cost benefit analysis is not taking into
account the ecological benefit of the floodplain. Nature creates floodplains and they play a role
for a river or stream. They have a benefit to many species and ecological processes. Board
Member Bartholow questioned whether we have a natural stream, but said the fact that private
insurance is available to those in the floodplain was a significant reason for voting against the
project.
Board Member Connor said he also wanted his reason for voting no on the record. He also has
concerns about the City's relationship with Timnath and concerns about the low cost benefit
ratio. Vice Chairperson Janett said she would write a summary of the Board's concerns to submit
to City Council for the July 15 meeting.
2007 Drinking Water Ouality Policy Annual Report and Consumer Confidence Report
Kevin Gertig, Water Resources & Treatment Operations Manager, presented to the Board the
2007 Drinking Water Quality Policy Annual Report and Consumer Confidence Report. Because
of the weight of the other topics on the meeting's agenda, he offered to present the reports in
more detail next month if the Board requests it. Vice Chairperson Janett encouraged the Board to
read the reports.
Northern Integrated Supply Proiect (NISP) DEIS
Vice Chairperson Janett encouraged the Board to participate in collective discussion for the
purpose of developing a Council recommendation on the NISP DEIS. Multiple motions are
anticipated. A series of meetings has taken place to discuss the DEIS as a Board and prepare for
this action.
Staff provided a presentation on errors, omissions and gaps that they have identified during their
technical review of the DEIS.
Board Member Wockner expressed concern about the term "potential flow enhancements
through Fort Collins" used on the slides. It seems to contradict the fact that the NISP project
would remove vast amounts of water from the Poudre River. He encouraged staff to be cautious
of the terminology used in their presentations, which will become public information.
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Board Member Gessler asked whether the increased sedimentation statement was taken from the
DEIS or other documentation. Mr. Bob Smith, Water Planning and Development Manager,
confirmed it was part of the DEIS.
Board Member Bartholow asked for clarification on the relationship between the NISP and
Halligan Seaman permitting processes. If NISP is permitted, does it influence the probability of
permitting for the Halligan Seaman project? Mr. Dennis Bode, Water Resources Manager,
responded that the projects have two separate EIS reviews with different purposes, needs and
separate water rights. The NISP project is approximately a year behind the Halligan Seaman
project.
Board Member Connor noted psychological and emotional connections that may be present if
NISP goes forward. There may be public backlash in response to what they view as a second
large project in Halligan Seaman if that is permitted following the NISP permit approval.
Board Member Wockner noted when the Northern District was here, an expanded Glade
Reservoir was suggested as a possible alternative in the Halligan Seaman EIS. Mr. Brian Janonis,
Utilities Executive Director, added that the Army Corps of Engineers has recognized water
quality as one of our key concerns, and NISP does not meet our water quality requirements. Mr.
Kevin Gettig, Water Resources and Treatment Operations Manager, noted that the Halligan
Seaman project is one of the first of its type to use shared -vision planning where all stakeholders
meet together to work through concerns and impacts.
Vice Chairperson Janett asked if the Halligan Seaman project will reduce flows on the Poudre
River through Fort Collins to the same extent as NISP. Mr. Bode confirmed it will not have the
same impact as NISP. There may be some minor effects in a few years, but through Fort Collins
in particular, it will affect the river very little due to specific water rights that will be used in the
Halligan Seaman project.
Board Member Bartholow asked whether City staff feel the existing DEIS answers the questions
they need to have answered in order to effectively assess the full suite of impacts. Board Member
Gessler noted the risk in requesting a supplemental DEIS, and if the Corps does not issue one,
Alternative Two may be permitted. Therefore, mitigation needs to be stated now in the event the
developments follow that path.
Board Member Janett stated the Corps has an obligation to read and respond to public comments.
Ms. Carrie Daggett, Deputy City Attorney, noted that if the Corp's analysis needs to be changed
in order for the Corps to respond to substantive comments between the draft and a supplemental
draft or between the draft and the final, it's reasonable to expect the Corps to make the change.
Views differ about whether comments have been adequately addressed in environmental impact
statements that can lead to controversy. Therefore, the potential for disagreement exists. Board
Member Janett noted the likelihood that some information in the DEIS will change between the
draft and the final, regardless of whether the Corps issues a supplemental. Her understanding is
that a supplemental DEIS is a larger effort than simply amending content in the DEIS. It appears
to her from the perspective of City staff and consultants that there are too many discrepancies,
errors and gaps to allow them to adequately determine the significant impacts.
Board Member Balderson asked Vice Chairperson Janett to review what the Board is hoping to
accomplish with the recommendation. The Board serves as an advisory board to City Council.
The Council has to make a decision by the end of the public comment period, currently set for
July 29. Under that timing, this is the Board's only opportunity to provide feedback on the water
supply and water quality issues with the project and offer a recommendation for Council's
response to the Corps on the DEIS. Other Boards, such as the Natural Resources Board and
Parks and Recreation Board, also are reviewing and may offer Council recommendations.
Board Member Waskom asked whether staff will make a recommendation to Council. Ms.
Daggett noted that, under the current schedule, the Council would be proceeding to adopt a
resolution on July 15, and the resolution staff expects to present would direct the City Manager
to finalize comment themes consistent with the general outline and endorse technical analysis
from staff. The comment document will likely be very long and technical in nature. Council will
likely approve comments based on comment themes.
Board Member Wockner asked if staff has a recommendation for the Board on a Council
recommendation. Board Member Connor noted the diversity of opinions on the Board, and
whether the Board can come to a common recommendation. Vice Chairperson Janett stated the
Board will listen to comments of all members, and then vote on the recommendation. Board
Member Gessler feels the Board is in agreement with the problem areas staff has identified, thus
laying the groundwork for a first motion.
Vice Chairperson Janett outlined the points the Board has made thus far:
1) The City describes to the Corps the potential significant impacts on drinking
water quality, wastewater treatment and stormwater management
from the proposed action (concerns as identified by staff and consultants, and
the Water Board agrees are legitimate).
2) The City requests the Corps to respond to the omissions, errors and
discrepancies and provide the missing data and correct errors in order for the
City to adequately quantify the potential negative impacts.
Board Member Connor is not sure this adds value. Board Member Gessler would like to add
additional mention that relates to the Corps responding with a refined report. He feels it is
important to bring the mitigating measures into our response now.
Board Member Connor would like to see a motion that states our "support or no support" stand
on the permitting of NISP, given the current information we have. Board Member Pillard
rephrased that, in the absence of obtaining any of the additional information, this is our
recommendation at this point in time.
Board Member Connor noted two different ways to look at this issue, either as the northern
Colorado community or specifically the Fort Collins community. Vice Chairperson Janett's
understanding is that the NISP project is designed to provide water storage for new development
that does not currently exist, so the populations of these cities in the consortium do not need this
water as they exist now.
In response to Board Member Wockner's earlier question on staff's recommendation to the
Board, staff's preference is the Water Board recommend that Council endorse staff comments
and concerns to the Corps around the themes of water quality, quantity and flood impacts, and
that staff submit this information to the Corps. In the timeframe available to us, by the time this
goes to Council, staff may have identified additional omissions and concerns.
Motion 1 (Approved)
Board Member Connor moved that the Water Board endorse staff recommendations regarding
the serious and significant omissions and concerns identified in the Draft EIS for NISP and
recommend that Council request that staff proceed with submitting said comments on those
omissions and concerns. Board Member Phelan seconded the motion.
Discussion on the motion:
Vice Chairperson Janett is concerned about the issue of adaptive management. Will staff
comment that it is an inadequate method of responding to significant water quality and
wastewater operational impacts? Mr. Gertig noted staff would request the necessary data for
operational assessment. Vice Chairperson Janett also asked for clarification on statement from
the presentation that seems to differ from this response. Some of the repairs and potentially
significant impacts should be identified and committed to prior to issuance of the permit versus
making adjustments on data after the fact. Deputy City Manager Diane Jones clarified staff's
intent to state that the adaptive management approach is not adequate. Board Member Bartholow
noted his extensive experience working with adaptive management projects and indicated that
the vast majority of them fail in terms of governance structure, commitment to long-term funding
and ongoing issues with lack of data and decision making.
Board Member Gessler stated the motion thus far does not address what happens in the future
under the No Action Alternative. He noted that with that alternative, the flow on the Poudre
River will go down as dramatically as if NISP goes forward and noted that the NISP report
explicitly states the No Action Alternative allows holders of water rights junior to the district to
receive permits to divert flows that would have been diverted by NISP. If NISP is not built, the
water rights will not disappear; they will remain and can be sold or passed on by default to the
junior holders of water rights. The City, in those future cases, may not have the opportunity to
respond. In the worst case scenario, the Green Mountain water rights go to Thornton, and
combined with the water rights they already have, the water supply situation worsens without our
ability to exercise any control over it. Board Member Gessler encouraged the Board to work on
Alternative Two, because the No Action Alternative doesn't allow any comment.
Board Member Wockner responded to Board Member Gessler's statement. He referred to the
Green Mountain Dam proposal of 25 years ago, which involved the same water right that is now
being proposed. Citizens stopped that project then, and a significantly larger and stronger citizen
coalition currently exists to stop the NISP project. The idea that if we don't allow NISP to be
built, the water could disappear, and there's nothing we can do about it is not true. Board
Member Wockner noted he sees it as a threat and a scare tactic. Having worked on this issue
(and served as spokesperson) to save the Poudre River, it's been interesting to watch the
evolvement of statements about the condition of the river. The Northern Colorado Water
Conservancy District (NCWCD) first said four years ago that the river is in great shape, and this
will have no impact. After many successive statements, press releases and newspaper articles,
NCWCD now agrees the Poudre River is not in good shape, it's been dry a long time, and they
always anticipated this to be the case. Board Member Wockner shared a brochure that NCWCD
recently circulated to the public stating the Poudre River is protected. He stated that the Poudre
River is not protected and called that a fact that is widely known. He noted that the brochure also
states that in -stream flow requirements will assure water remains in the river through Fort
Collins, which also is not true. It states the river's fishery habitat has steady values and will
continue to be of high quality. Sixty percent of the water is already gone before it gets to Fort
Collins, and habitat is not of high quality now. The water rights are there, and they have always
remained there and have not been taken for 150 years. A vast coalition has formed to keep them
from taking it now. Board Member Wockner respectfully disagreed that the Board has to settle
for Alternative Two.
Board Member Gessler noted from the DEIS, the sentence about water rights comes from Corps
consultants, not from NISP.
Board Member Bartholow brought up a possible mitigation measure for a worst -case scenario. In
various technical memorandums, they refer to expected additional flows in the Poudre River due
to some augmentation needs for lower South Platte farmers. Mr. Bode noted there is not yet
information specific to that scenario, but augmentation plans are used more over time to help
address issues with wells.
Vice Chairperson Janett expressed her sense that much of the DEIS is speculative in nature.
Considering water rights must be based on purpose and need, not speculation, it would seem to
point to an issue with validity of the information on which NISP is based. In the same way, we
are perhaps speculating what may occur in the No Action Alternative. There are a number of
rather difficult obstacles for Thornton in order to take the water rights. Her understanding of
Thornton's scenario is that they have to take the water from the same place it is being diverted
now, pipe it to Thornton via a route around ongoing development (a very costly proposition), and
they are then obligated to have return flows to the river at the specific places it would have been
returned. This would require them to build two pipelines, one going south, and one going north
to return their wastewater flows. Board Member Wockner noted there is no necessary reason to
believe Thornton could do this without also triggering an EIS, meaning this is not the last stand
on the water in the Poudre River.
Board Member Balderson likes the idea of having a plan either way and would like to see a
motion to recommend the City be in a position of knowing what to do in either scenario.
Vice Chairperson Janett noted that we have preliminary information on issues, but it's not
quantified, therefore it is likely premature to ask for specific mitigation measures. Board
Member Connor called the question. There were no objections. After discussion, Board Member
Connor called the question, and Vice Chairperson Janett asked for a vote. Eight board members
voted in favor of the motion, and two were opposed. (Motion 1 Vote)
Motion 2 (Approved)
Board Member Gessler moved that the Water Board recommend City Council insist the final EIS
addresses mitigation measures for Alternative Two of the following issues at a minimum:
1) Potential contamination of Horsetooth Reservoir water quality with increased levels
of TOC (Total Organic Content);
2) TCE (trichloroethylene) plume should be monitored before and after construction of
the dam; and
3) Minimum flow requirements be established in the Poudre River and riparian
rejuvenation events be required to address flood impacts.
Board Member Connor seconded the motion.
Discussion of the motion:
Board Member Domfest is hesitant to list specifics in case something else of importance is
omitted.
Board Member Connor noted the first motion was a blanket motion, and this motion only exists
to emphasize items of importance to Board Member Gessler. Board Member Waskom notes this
motion moves to mitigation, which is different than identifying impacts. He offered a friendly
amendment to include "Alternative Two." Board Member Dornfest offered a friendly
amendment to add "at a minimum." Board Member Gessler accepted both friendly amendments.
Vice Chairperson Janett asked staff if they have enough information to recommend these
mitigation measures to Council. Mr. Janonis responded that staff may not have time to address
mitigation measures at this time. However, if Council directs staff to address mitigation
measures to the Corps based upon the Water Board's recommendation, the Corps will be called
upon to address the measures.
Board Member Pillard noted these are just a few of the potentially important mitigation measures
addressing specific items, but due to the potential impacts over a large spatial area, there are
likely other mitigation measures that may be necessary and important to consider under
Alternative Two. Will staff put together a more extensive list of mitigation measures, if directed
to do so? Mr. Janonis responded that if directed to do so, staff will comply. If an extension is
granted, staff could come back to the Water Board to continue discussions in more depth, but
we're operating from the assumption that this meeting is our last opportunity.
Board Member Gessler spoke to the possibility of additional potential issues. When looking at
the original list from the Utilities staff, all points are related to item three with one exception, the
high level of TOC contamination of Horsetooth Reservoir. All of the items that staff addressed
are covered in the first motion. Mr. Janonis understands the Board intends that the first motion
remains intact. Vice Chairperson Janett sees the second motion as amplifying the first motion in
additional detail. Board Member Waskom sees the first motion as suggesting to Council that they
accept the staff's identification of issues identified in the DEIS, and that staff bring them forward
to the Corps. The second motion insists that mitigation measures be considered.
Board Member Pillard participates in portions of EIS processes. When comments come in with a
list of significant impacts, is the Corps likely or not likely to address those comments by
suggesting mitigation? His experience has been that if there are multiple comments on specific
issues, the lead agency will make a substantial effort to address those particular issues, including
on insisting specific mitigation measures be made. They are not required to respond to these, but
it's normally in the best interest of the agency if there are some serious issues that have been
raised to address them in the final EIS. Vice Chairperson Janett noted that the third item in the
first motion concerning specific flow requirements is not addressed in the second motion.
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Board Member Bartholow feels that we're getting away from the strategic elements that Board
Member Gessler wished to address. This is not the right time to interject mitigation in the
process. Our focus should be to identify the holes in what we have available to us to base our
recommendation on, and otherwise, we don't know what to speak to.
Board Member Wockner feels this motion reads as if the Water Board thinks NISP should be
built, and we're recommending that to City Council. The vast majority of Fort Collins residents
that the Board represents would disagree with that assumption. Board Member Balderson does
not interpret it that way. He feels the motion addresses having options lined up no matter which
way it goes. Board Member Connor interjected that this motion be followed by another motion to
address the central issue of the Board's statement to oppose or support NISP. Board Member
Pillard does not feel this motion implies the Board is advocating the NISP project. Part of the
Board's directive is to look at the water supply and water quality for the City of Fort Collins, and
as part of that directive, it seems this is a reasonable approach to Council to express the
possibility of water -related issues if this project goes forward. Vice Chairperson Janett feels the
issue with the TCE plume goes beyond monitoring and clean-up should be required.
After discussion, Vice Chairperson Janett called for a vote. Seven board members voted in favor
of the motion, and three were opposed. (Motion 2 Vote)
Motion 3 (Approved)
Board Member Bartholow moved that the Water Board recommend to Council that as part of the
package staff would forward to the Corps of Engineers, due to the severity and magnitude of the
errors, omissions and discrepancies identified to date, that the Corps produce a supplemental
draft EIS that fully addresses the City's concerns. Board Member Gessler seconded the motion
Discussion of the motion:
Vice Chairperson Janett offered a friendly amendment to change the term "holes identified to
date" to "errors, omissions and discrepancies identified to date." Board Member Bartholow
accepted the amendment. After discussion, Vice Chairperson Janett called for a vote, and it
passed unanimously. (Motion 3 Vote)
Board Member Gessler noted that City Council will not have the opportunity to formally oppose
NISP if the Corps does not issue a supplemental EIS to address these concerns. It was noted that
legal options would be available to City Council. Board Member Connor stated that it does not
appear to be in best interest of Fort Collins to support this project, and the charter of this Board is
to represent the interests of the citizens of Fort Collins. Board Member Waskom feels it serves
the interest of Fort Collins to look at the interests of the region as well.
Board Member Pillard thinks it's possible that the issues raised by staff could be addressed
without producing a supplemental DEIS. Taking the step to oppose it without a supplemental
DEIS may take it too far, as the Corps may have very adequate responses for these concerns.
Motion 4 (Not Approved)
Board Member Connor moved that should the Corps of Engineers opt not to issue a
supplemental draft EIS, the Water Board recommend City Council formally oppose the
permitting of NISP with a Council Resolution. Board Member Gessler seconded the motion.
WC
After discussion, Board Member Gessler called the question and Vice Chairperson asked for a
vote. Two board members voted in favor of the motion, and eight board members were opposed.
(Motion 4 Vote)
Committee Reports
Engineering Committee: Board Members Balderson and Connor met with Mr. Gertig about the
expansion of the Drake Wastewater Reclamation Facility at the request of Chairperson Doug
Yadon. Mr. Gertig's presentation was provided in the Board packet.
Staff Reports
Treated Water Production Summary and Water Supply Outlook were provided with the Board
packet.
Other Business
None
Future Agenda Items
Send them to Robin Pierce, Water Board Staff Liaison.
Adiournment
Board Member Balderson moved to adjourn and Board Member Pillard seconded the motion.
The meeting was adjourned at 8:26 p.m.
Tx1&-n ol/T u
Robin Pierce, Water Board Staff Liaison
ib�'n �l,�hty
�livia Brown, Water Board Secretary
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