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HomeMy WebLinkAboutWater Board - Minutes - 12/15/2011Water Board Minutes December 15, 2011 1 Fort Collins Utilities Water Board Minutes Thursday, December 15, 2011 Water Board Chairperson City Council Liaison Gina Janett, 493-4677 Wade Troxell, 219-8940 Water Board Vice Chairperson Staff Liaison Steve Balderson, 223-7915 Brian Janonis, 221-6702 Roll Call Board Present Chairperson Gina Janett, Vice Chairperson Steve Balderson, Board Members Becky Goldbach, Steve Malers, Lori Brunswig, Phil Phelan, Johannes Gessler, Brett Bovee, and Duncan Eccleston Board Absent Board Members Reagan Waskom and Brian Brown Staff Present Kevin Gertig, Jon Haukaas, Dennis Bode, Donnie Dustin, Carol Webb, Laurie D’Audney, Lucas Mouttet, Robin Pierce, and Harriet Davis Guests State Representative Randy Fischer Meeting Convened Chairperson Janett called the meeting to order at 5:36 p.m. Public Comment None Approval of November 17, 2011 Minutes Board Member Brunswig questioned the statement on page 4 of the minutes concerning the Triple Bottom Line (TBL) approach. She suggested revising the wording to more accurately reflect the discussion. She feels the three aspects of the TBL approach should not be listed separately because the concept of sustainability means the components are inter-related. Board Member Brunswig moved to amend the minutes. Board Member Bovee seconded the motion. Board Member Malers questioned the statement on page 9 of the minutes concerning the reason for the nay votes on the first motion. He suggested the wording be revised to include a reference to the Halligan-Seaman permitting process. Board Member Malers moved to amend the minutes. Board Member Bovee seconded the motion. Vote on the motions: Both motions passed unanimously. The minutes will be revised and e- mailed to the board members for their approval. * Board Members Phelan and Eccleston abstained from voting due to their absence on November 17, 2011. Water Board Minutes December 15, 2011 2 Board Members Recognition—Gina Janett, Reagan Waskom, and Johannes Gessler Water Resources and Treatment Operations Manager Kevin Gertig expressed thanks to the retiring board members on behalf of Utilities. Appreciation plaques were presented to Chairperson Janett, Board Member Waskom, and Board Member Gessler. During her remarks, Chairperson Janett encouraged the board to continue to make recommendations to Council in the future. She reminded the board that Vice Chairperson Balderson will chair the January meeting and elections will be held at the February or March meeting. Amendment to City Code Section 26-236 Regarding Exemptions to Connect to the City’s Public Sewer System (Attachments available upon request). Regulatory and Government Affairs Manager Carol Webb introduced the item. The current code allows for exemptions to connect to the City’s public sewer system only if the owner is a residential user, and if compliance with the section would cause severe economic hardship to the owner. The City has recently been contacted by Colorado University Research Foundation (CSURF) regarding an exemption to Chapter 26-236 based on an exemption from State and County Individual Sewage Disposal System (ISDS regulations). The Engines Lab is currently connected to a septic system. They would like to connect to the sewer system and reuse the water for irrigation. The current code does not allow for the current variance. Board discussion: Is it a City Council decision to grant the variance? No, the Utilities Executive Director has the ability to make the decision to grant or deny the variance. Has the project been presented to Council? What was presented to Council? The project concepts and the innovative ideas have been presented at a Council Work Session. Assistant City Attorney Carrie Daggett stated an ordinance authorizing the Engines Lab will be presented to Council next Tuesday for first reading. The facility is proposing redevelopment on the site, including an alternative sewage disposal system. Water Engineering and Field Services Manager Jon Haukaas stated the item is presented to consider other options if necessary. A board member questioned the process for other variances. Is it inspected every year? Ms. Webb stated the facility would still have to meet the county requirements. The regulations are still rigorous. Does the facility still have to install a septic system? Yes, a septic system has to be installed. Ms. Webb stated she feels this is a valid code change because of the innovative ideas that CSURF is proposing; however, the variance may still be denied based on various factors. A board member questioned if the variance process is part of all City Codes. Mr. Haukaas stated the process is not code wide because different sections of the code have various processes. Is it because the variance process is a more expensive process or because other expertise is needed? Mr. Haukaas stated that in general, there is a solid basis for the way the rules are written. Since there is more focus on sustainability and the reuse of resources, perhaps the code should make allowances for different technology. Water Board Minutes December 15, 2011 3 What would happen if the exemption is denied? What is the appeal process? Ms. Daggett stated there is a general appeal provision under Chapter 26. The Water Board’s decision can be appealed to Council by the Utilities Executive Director. Chairperson Janett stated it is good practice for new and appropriate technology to be used; however, she feels the language should not refer to a “severe economic hardship” because the reason behind the variance relates to using new technology. She feels the basis of the exemption is not the economic hardship. She also questioned the language in Section 26-236(b), specifically, use of the word “may.” Mr. Haukaas explained why the language is written with the word “may.” He stated there are homes with fully functional septic systems in place and the City does not require these homes to connect to the sewer system. Ms. Webb stated Utilities does not regulate the sewer systems because these are regulated by the county and state regulations. The economic hardship component was already part of the code. Has “severe economic hardship” been defined? Ms. Daggett stated the Floodplain Variance Provision contains language pertaining to severe economic hardship; however, it may be difficult to define the term based on different situations. The current wording leaves it to the discretion of the Utilities Executive Director. A board member stated he likes leaving the decision to the Utilities Executive Director because he feels the director has the best interest of the City in mind. The decision can be appealed to Council if necessary. A board member expressed his concerns that there is no “trigger” for whether or not the customer would need to connect if they are within 400 feet from a sewer line. If there are major building renovations, should a building permit be the “trigger” that the customer will need to connect? Mr. Haukaas stated when there is redevelopment, the City Code states that it must be brought to current standards. This is a part of the overall City Code, not Section 26-236. Ms. Daggett stated there is discretion in the code because the language as it is written has been a part of the code for a long time and there may be times when it is inappropriate to allow a septic system to continue operating. Does the code allow someone to disconnect from the City’s sewer system? Mr. Haukaas stated this allowance is not currently available. In the future, can Utilities be comfortable with allowing one person to make the decision to grant the exemption? Ms. Webb stated there are many places in the code where the Utilities Executive Director would make the decision whether or not to grant exemptions to the code. Vote on the motion: 7 for (Goldbach, Malers, Brunswig, Phelan, Gessler, Bovee, and Eccleston), 2 against (Janett and Balderson) Reason for the nay votes: Chairperson Janett stated new technology should be given as the reason for the exemption. Vice Chairperson Balderson stated comments to the code should be incorporated before the item is voted on. Board Member Bovee moved that the Water Board recommend approval to the City Council of amendments to Chapter 26-236 of the City Code relating to requirements to connect to the City’s public sewer system. Board Member Goldbach seconded the motion. Water Board Minutes December 15, 2011 4 Recommendations on Legislative Review by the Legislative, Finance, and Liaison (LFL) Committee and Proposed Graywater Legislation (Attachments available upon request). LFL Committee Chair Becky Goldbach introduced the item and introduced State Representative Randy Fischer. Mr. Fischer represents House District 53, which is primarily the west side of Fort Collins. Mr. Fischer is a consulting engineer primarily dealing with water quality and was elected to the legislature in 2006. Previously, he served an eight year term on the City of Fort Collins Natural Resources Advisory Board. He also served on the Water Board and the Storm Drainage Advisory Board. Currently, he is working with Dr. Larry Roesner and Dr. Sybil Sharvelle on graywater legislation. Mr. Fischer is a member of the Interim Water Resources Review Committee. This committee meets year round on water issues and can introduce up to three bills each session. The graywater bill was initially proposed as a committee bill. He feels the City of Fort Collins should be more actively involved on state water issues and feels it is important for the City to be a part of the Colorado Water Congress. The Colorado Water Congress is a third party organization separate from the legislature. Mr. Fischer stated the graywater bill is more of a public health bill rather than a water rights bill. It changes the public health statutes to include a definition of graywater. It would require the Water Quality Control Commission (WQCC) promulgate rules for the use of graywater. The wording has been changed from “graywater reuse” to “graywater use” because the term “reuse” has particular meaning in Colorado water statutes. Mr. Fischer stated as long as the water is in the dominion of the first user, it can be referred to as “first use” water. The proposed legislation also includes stipulations for well water sources because graywater use may not be permissible under a well permit. Board discussion: Does the bill direct the Water Quality Control Commission to make the rules or does it enable them to make the rules? Mr. Fischer stated the intent of the legislation is to authorize the WQCC to make rules because they would like to see public health issues addressed. Have other states done something similar? Mr. Fischer stated that Colorado is the last state in the west to allow for graywater use. Ms. Fischer stated the bill would not mandate that communities have to adopt ordinances on the use of graywater, but it would allow local governments to pass ordinances on the use of graywater if they choose. A board member questioned a statement from page 2 of the bill concerning encouraging the use of graywater. What does this language mean? Mr. Fischer stated water conservation is the primary purpose for installing a system for graywater use. Chairperson Janett reminded the board they should highlight bills of interest the City should be aware of. She feels Council should be made aware of this particular bill. Are you suggesting City staff should be more involved in the legislative process? Ms. Janett stated she would like Utilities staff to be more involved in this process and this request is part of the LFL Committee’s motions as noted below. What is the benefit of the City sending letters of support as opposed to sending someone in person to the legislature? Mr. Fischer stated it would be beneficial for Utilities to be more Water Board Minutes December 15, 2011 5 involved in the process. He feels there is value for Utilities to work with the City Lobbyist on water issues. Vote on the motion: It passed unanimously. Discussion on the motion: Mr. Fischer stated the WQCC has been working on issues such as nutrient standards for several years. He would like to see the City of Fort Collins more involved in this issue. Ms. Webb stated Utilities staff is aware of several bills. At this time, Utilities is not supporting the bill relating to nutrients. She encouraged the board members to contact her with any questions concerning future bills. Chairperson Janett stated this motion is brought before the board in an effort to make Council aware of these types of bills. A board member questioned the statement concerning “recommend to City Council that it allow the LFL Committee to monitor state legislation…” Does this imply that the LFL Committee was not allowed to send memos to the Council in the past? Ms. Daggett stated the Water Board subcommittees cannot bring issues before the Council unless the Water Board has authorized the committees to do so. Board Member Eccleston proposed a friendly amendment to the motion: Vote on the motion: It passed unanimously. Board Member Goldbach moved the Water Board encourage City Council to direct Utilities staff to be more involved in monitoring, tracking, and testifying on state legislation and policy regarding water issues as appropriate. Board Member Gessler seconded the motion. Board Member Goldbach moved that the Water Board recommend to City Council that it allow the Legislative, Finance, and Liaison Committee to monitor state legislation and be enabled to send informational memos on bills that the LFL believes should be of concern or interest directly to the Council Legislative Committee. The memos would not suggest a position but would describe the issues and their concerns. Board Member Bovee seconded the motion. Board Member Eccleston moved that the Water Board authorize the Legislative, Finance, and Liaison Committee to monitor state legislation and be enabled to send informational memos on bills that the LFL believes should be of concern or interest directly to the Council Legislative Committee. The memos would not suggest a position in support or opposition but would describe the issues and potential impacts to the City. Board Member Bovee seconded the motion. Water Board Minutes December 15, 2011 6 Discussion on the motion: Committee Chair Goldbach reiterated that the Water Board is supporting the proposed idea, not necessarily the language in the bill. A board member asked for clarification on the Council Legislative Review Committee. Chairperson Janett stated this committee is a subcommittee of the Council that works with the City Lobbyist on issues. Does the Council Legislative Review Committee watch over state legislation beyond water issues? Chairperson Janett stated the committee reviews other issues as well. A board member asked for Mr. Fischer’s opinion on the wording of the motion, specifically “governing the use of graywater in their communities.” Mr. Fischer felt this wording was fine. Vote on the motion: It passed unanimously. Review of Letter of Support for Water Supply and Demand Management Policy (Attachments available upon request). Chairperson Janett introduced this item and stated the policy has been modified slightly. The item is presented to the board for their approval of the letter of support as well as the policy. Board discussion: A board member questioned the third bullet on page 3 of the letter of support concerning land use planning and development of vacant land. The board member feels there should be a low planning goal because too much conservation will affect landscaping. Vote on the motion: It passed unanimously. Draft 2011 Annual Report Vice Chairperson Balderson will prepare this report. A draft will be sent to the other board members. Committee Reports Conservation and Public Education Committee (Board Member Phelan): No report. Engineering Committee (Board Member Balderson): No report. Legislative, Finance, and Liaison Committee (Board Member Goldbach): No report. Water Supply Committee (Board Member Gessler): No report. Board Member Goldbach moved that the Water Board recommends to the City Council Legislative Review Committee that they consider supporting the concept of a proposed bill (enabling legislation) that would permit cities to set up standards and guidelines governing the use of graywater in their communities. (The final language of the bill to be introduced is not yet complete so the recommendation speaks to the concept of enabling legislation rather than the specific bill at this time). Board Member Balderson seconded the motion. Board Member Bovee moved that the Water Board support the memo and Draft 12-5- 2011 (Update of the 2003 Policy) City of Fort Collins Water Supply and Demand Management Policy. Board Member Gessler seconded the motion. Staff Reports Monthly Water Resources Report Water Resources Manager Dennis Bode provided this report for the agenda packet. Other Business None Future Agenda Items None Adjournment The meeting was adjourned at 7:43 p.m. Submitted by Harriet Davis, Administrative Assistant, Fort Collins Utilities Approved by the Board on . I , 2012 Signed: ) 1 Board Secretary Date Water Board Minutes 7 December 15, 2011