Responses provided by Drew Wells, Director of Parks & Recreation:
CM Baker:
Is it during Phase 2 that subject matter experts will decide the history that will be told through the rehabilitation of the site? Should we include, as was discussed, that this history must include the fact that people were enslaved and that indigenous people would have inhabited the area as well?
If the Parties move forward with a project that includes commentary on history of the area, the plan for that content would be developed and implemented over Phases 2, 3, and 4.
Was there any further discussion with the County about a Plan B? If during the permitting process we are told "the rehab of the dam with the mill race would be harmful to the safety, and stability of the river" will they continue forward with a partnership or will we have paid into this for no reason? What could we do with our sunk costs at that point?
Plans and alternative plans will become clear as Phase 1 progresses. City Council has prioritized public safety, which is an ongoing issue that needs to be addressed in some way, but in such a manner that would be permitted by the various entities having regulatory oversight over Cape's Dam. During the permitting process, regardless of rehabilitation or removal, there will be mitigation requirements that will have to be met in order for a permit to be granted. Ascertaining the best method for dealing with Cape's Dam without violating state and federal laws is not a "sunk" cost. The City sank future cost in the dam when it assumed responsibility of it.
CM Derrick:
2.6 FUNDING AND PROCUREMENT: This Agreement does not, without subsequent agreement to the terms of a Task Order, bind either Party to expend funds. The Parties agree to discuss and mutually agree how each Task Order shall be funded, on a task-by-task basis;
1. Has the county or city done what CC has asked in the past? Has anyone called U.S. fish and Wildlife ; who are very familiar with this area, to ask if there is even a chance that they will be permitted to remove the dam – first things first please. Why spend, for instance, $250K for just one of the studies, and many other studies, without getting an opinion first and bringing that opinion to both parties to reduce the risk for both city and county?
Staff has not specifically held a discussion for this project with US Fish and Wildlife. However, Engineering Staff now has two projects that have recently gone through the permitting process upstream (Rio Vista) and downstream (Blanco Riverine) of the dam. U.S. Fish and Wildlife will not provide a permitting opinion until analysis is done regarding the proposed action and provided in the form of an application. Regardless of whether we were submitting to remove or rehabilitate we would have mitigation measures that would have to be addressed before a permit was provided. For instance, the recorded existence of Fountain Darter populations in the Mill Race would inhibit removal of the dam until experts could show what impacts removal would have on those populations. Phase 1 is meant to analyze an array of options, in an effort to identify the best option, that balances the Values identified in the Interlocal Agreement.
2. Looks like we will still be required to pay for this by future agreements. Has a percentage for city expenditures been discussed? Where do we plan to get the funding to this?
Funding will be identified and committed on a Task-by-Task basis, which should also provide opportunities for third-party funding through grants.
3. WHEREAS, the scientific community has also pointed out that the flow rate in the main channel of the San Marcos River and the Mill Race are important factors to consider in the protection of river wildlife, including endangered species such as the Fountain Darter, populations of which have been found in both the main channel and the Mill Race; and -What scientific community? I've heard the opposite from many well respected scientists and hydrologist. Can we leave the "opinions" out of this MOU/ Resolution? Would the county be amenable to that request? ?
The Mill Race has, over the last 140+ years, become an ecosystem of its own. Analysis will need to be done to determine what the change in flow rates in both channels does to their ecosystems. Flow rate is one of many factors that will be considered in that permitting.
