HomeMy WebLinkAboutSpecial Committee of the Whole January 15 2013 am1
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
January 15, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 9:30 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(9 :33:49 AM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Carl
Weimer and Pete Kremen.
Absent: Ken Mann.
COMMITTEE DISCUSSION
1. DISCUSSION OF POTENTIAL RECREATIONAL USE ON THE LAKE WHATCOM
TRUST LANDS PROPOSED FOR RECONVEYANCE (AB2012 -066E)
Jack Louws, County Executive, referenced and read from his memo in the Council
packet beginning on Council packet page eight. From the last discussion, he has a sense
there is a different vision of what this reconveyance would be. Consider what this will be if
the reconveyance passes. He hopes to make a decision in a few months with a clear vision
of what they hope to achieve. Today, discuss recreational opportunities. Certain
recreational opportunities that happen now will be restricted if the reconveyance passes.
Mike McFarland, Parks and Recreation Department Director, submitted handouts (on
file) and gave a presentation (on file). The level of service in the Comprehensive Plan was
reduced in the past few years. The reconveyance area can easily accommodate 55 miles of
trails with all the connectivity. He described the regional context of the park, including how
it connects to existing lands owned by the County, trails, and other recreational uses. They
don't have a plan for the property yet because they don't own the property. There are a
number of limitations preventing them from moving forward. The Department of Natural
Resources (DNR) has a good database on features of the property, such as roads, critical
habitats, and other things. User groups that have recreated on the land also have
information. The County has properties embedded in these blocks of land, and is familiar
with land in this area. He described the existing and planned or potential future recreational
use in the areas surrounding the reconveyed land. It is possible to reconvey property and
still have the DNR manage the forestry in the area. In terms of planning and implementing
a plan, it's easier to reconvey the property and then turn around and ask the State to
manage the forestland than it is to work on an easement. The DNR mission is to manage
trust lands and maximize revenue of the timber industry. It's not the DNR mission to
provide recreational trail links. He showed the view areas from the reconveyance area and
the recreational uses. A challenge with freestyle mountain biking includes risk assessment
and management. The trails developed won't all be ten or 12 feet wide. In Whatcom
County, the user groups work together and network, which will make this successful. The
Special Committee of the Whole — 9:30 a.m., 1/15/2013, Page 1
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trails must be sustainable and accommodate the various uses. The County will apply the
standards that best fits the situation, depending on a number of factors, such as soil
condition and water features. They don't need to invent standards. They don't advocate or
oppose hunting on the property. It's up to the Council to decide if hunting won't be allowed.
The Parks Department can manage hunting activities. There isn't a conflict with hunting in
this area. The Council will also have to decide on rules about dogs. Those items aren't
critical in putting together a park plan. Hunting is closed under Bonneville Power
Administration (BPA) power lines. Small game hunting is allowed at Hovander Park, other
than one no shooting area. It's an existing example that works.
A question was asked about whether the State can do recreational management.
The DNR isn't proactive at providing recreation. They only react to activities that are
incompatible. Their primary interest is in maximizing the trust. That is the difference
between DNR and County Parks. Their focuses are different. It would be difficult for the
State to manage recreation because it would have to reimburse the trust. Also, the State
recognizes that the County has a shortage of trail -based recreation. He asked the State
how the reconveyance lands would be part of State development plan in terms of motorized
recreation. The State DNR does not want recreational motorized use inside the area of the
landscape plan.
Brenner stated DNR recreation easements are different. If they did recreational
easements, and the County is willing to pay, there will be much better access. The DNR will
have eyes on the land. The DNR policy on recreational easements is different from the
general policy. She asked the minimum trail width for horseback riding. McFarland stated
it is about four feet wide. The minimum for mountain biking, trail running, and hiking, is
about two feet wide. It depends on the conditions, such as turns and slopes.
Brenner asked for information on the minimum standards for trail uses. McFarland
stated he will provide the information he has. It's not simple. Regarding DNR recreational
easements, the County has been waiting six years. The County took four years on an
easement that ended up being a licensing agreement. It's very difficult to work with the
DNR in getting easements.
Brenner stated the County has the landscape plan, which the State adopted. It
doesn't have the right to hold it up. The other counties don't have that.
Knutzen asked if the County owns the Stimson family property. McFarland stated it
doesn't. The County has an easement over the entire property and manages it. The Land
Trust owns it. A big part of it is the DNR Lake Louise Natural Resource Conservation Area,
which the County also oversees. The County and City own a portion of Stimson jointly,
there is the DNR conservation area, and the remainder is owned by the Land Trust. The
$500,000 purchase was for public access easement over the entire property.
Knutzen asked what properties are owned by the Land Trust. Lookout
Mountain /Olsen and South Fork Park.
Knutzen asked the average cost for trails through DNR land. He asked if DNR wants
a recreation plan in Whatcom County. McFarland stated the Stimson trails overlay City,
County, state, and Land Trust property. WWU also donated a small amount.
Crawford asked who pays for road maintenance to roads to cell towers. McFarland
stated a portion of the fees paid goes toward maintenance. Also, private owners are also
responsible for maintenance and upkeep. There are responsibilities for maintaining roads
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for the BPA easements. It depends on who the provider is. The State uses a formula for
the cell towers. A portion of that is the lease, and another portion is for the road
maintenance.
(10:37:33 AM)
Crawford asked if there is an historical record of the costs of those roads. McFarland
stated there is.
Crawford asked if the Pacific Northwest Trail already goes through the area above
Glenhaven. McFarland stated it does. It would be an amenity if the trail links to the city.
Crawford asked why DNR would be willing to manage areas reconveyed. He asked if
they could give the reconveyance money to DNR for trail development. McFarland stated
the RCW says the County can request the state to manage the timber resources.
Crawford asked why would DNR be interested in managing the resource. McFarland
stated it's an RCW, and it's what Olympia is saying. DNR would get their 22 percent, just
like they do now. It will be the County that says how the land is done. He will find out if
that's done in other areas.
Crawford asked if the mile of Ken Hertz trail is already used as trail. McFarland
stated it is on State property. The County owns a narrow corridor.
Crawford asked how often they clean the facilities at the Ken Hertz trail and how
much it costs. McFarland stated the facility is a problem because it is too small.
Crawford stated he approves of the following uses: hiking, horseback riding, cross
country mountain bike riding, dogs allowed, camping, and hunting. Possibly allow vehicle
use for people to get out and look at the views. Provide auto access to some views. He
asked where people with disabilities who don't hike can take advantage of the
reconveyance. McFarland stated nothing limits the County from providing access other than
permitting and costs.
Crawford asked if it's unlikely the County would open areas to someone driving to a
high view point. McFarland stated nothing prohibits that use. If the Council wants to
provide a motorized viewpoint, they could plan for it. The North Lake Whatcom trailhead is
waterfront and accessible.
Crawford stated he would like to provide that access if possible. McFarland stated it
would probably be a seasonal road.
Brenner stated providing access is about the cost. She disagrees about allowing
hunting. People calling now are concerned about hearing shooting. It's not compatible with
education purposes. Show what areas have had no problems with hunting practices.
Kershner asked the permitting process once the property is reconveyed to Whatcom
county, and they start working on these trails and plan components. Make sure all the uses
actually do get to happen if Whatcom County recoveys the property. She's concerned that
a group who opposes a trail will engage the County in a never - ending battle between groups
who want this and groups who don't. McFarland stated the overall trail plan has been in
the works since 1973. The permitting process is the same as anywhere else. Avoid critical
areas where possible, or mitigate. They must avoid critical slopes and landslides. They
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need fill and grade permit, SEPA process, critical habitats they must avoid, an hydraulic
project approval (HPA) for stream corridors and crossings. Get consensus on a general trail
plan for the public. One section would be shared use and other sections would be single -
use tracks. It's doable. The Chuckanut system is a good example of multiple uses and
users. It is a success story that benefitted from having a good trail plan.
Kershner stated the Chuckanut system is not in the Lake Whatcom watershed.
McFarland stated it isn't. That's a good point. There are trails now in the watershed. It
takes a high level of management to deal with the high use. Areas farther from the lake
don't require as much management.
Kershner stated the City of Bellingham asked for open space taxation on property it
bought but didn't use. The property became unusable for citizens because of a rare bird.
She asked for a sense of how difficult it will be to develop a basic trail. This is a big
development in the watershed. McFarland stated there will be more than 20 miles of roads
constructed. That's a huge impact. A two foot wide trail will have less of an impact as the
roads. Other roads and structures need to be retired. That is part of the overall
stewardship plan. Have a system that avoids critical areas. Trails are a lower impact than
road building and current logging.
Crawford asked if certain state or other regulation will shut down the development, if
it's the will of the Council to have a trail system. McFarland stated State and federal
regulations permit trails in these areas. There is no blanket policy that prohibits trails
unless the County agrees with the City to not build any trails.
(10: 58:54 AM)
Kershner stated DOE requires no increased phosphorus into the lake. All of this
would be built with the understanding that nothing would get into the lake. McFarland
stated that is correct. They are dealing with that on Lake Louise. The parking design is to
treat runoff before it gets to the lake. They can disburse runoff as they construct the trails.
There are environmentally sound ways of developing trails. Direct the drainage to preserve
the trail and also to filter the runoff.
Kershner stated she's also interested in getting more detail and factual data about
having DNR manage the forests after the property is reconveyed.
Weimer stated he thanks Mr. McFarland for the presentation. It reiterated
everything he's heard the last six years. He agrees that all the activities described are
compatible for the area, including hunting. Management of the area is key. There is a
difference between recreational shooting and hunting. There are ways to manage the area
to allow hunting. Move forward with all the different uses, as long as they don't impact the
water quality of the lake.
Brenner stated there is a difference between hunting and discharge of firearms.
There are things people can hunt. She's getting calls and emails about people shooting, and
it's scaring people. If these activities exist, then hunting isn't compatible.
Knutzen asked if they are going to put horses within 100 feet of Lake Whatcom, in
light of efforts from DOE and EPA to control livestock in the watershed. McFarland stated
horses are restricted to farther back from the watershed. They already are in the
watershed. It's not a new activity.
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Kershner stated she thanks staff for their presentation. This work session is
designed for the Council to get answers from staff. They will have time for public input later
in the process.
Louws stated he plans to spend the first part of the next meeting wrapping up the
discussion on recreational uses.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:05 a.m.
The Council approved these minutes on February 26, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council(g-.o.w hatcom .wa.us
Special Committee of the Whole - 9:30 a.m., 1/15/2013, Page 5