HomeMy WebLinkAboutNatural Resources July 24 20121
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
WHATCOM COUNTY COUNCIL
Natural Resources Committee
July 24, 2012
CALL TO ORDER
Committee Chair Carl Weimer called the meeting to order at 9:30 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(9:31 :10 AM)
Present: Carl Weimer, Bill Knutzen and Sam Crawford.
Absent: None.
Also Present: Pete Kremen.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING A PROPOSED ORDINANCE ESTABLISHING
WHATCOM COUNTY CODE 16.40, AQUATIC INVASIVE SPECIES (AB2012-
042A)
Weimer stated he put this ordinance together to encompass all lakes in the County.
He modeled the ordinance from the City of Bellingham's recently- adopted ordinance.
Jon Hutchings, Public Works Department, submitted a substitute ordinance and
Exhibit A (on file). He gave a staff report and stated the general ordinance looks good.
He's ensured all the applicable state regulations are cited correctly. He clarified the
definition of an enforcement officer. He also clarified that penalties apply to each violation.
Last, he added a severability section. Neither the other departments nor the Executive has
looked at this yet in detail, but will do so once it's introduced.
Weimer asked and there was discussion of listing a specific fine amount in the
ordinance.
Knutzen asked and there was discussion of coordinating with the State for State park
enforcement of boat launches at Baker Lake.
Crawford stated and there was discussion of defining the peace officer responsible
for enforcement, and that enforcement should be the responsibility of the Sheriff instead of
the Planning Department. He asked and there was discussion of how they catch someone
with invasive species- infested boats on a lake.
Kremen stated Exhibit A needs some work. Enforcement should include peace
officers and law enforcement officers as well as State and federal law enforcement. He
asked and there was discussion of why the County would fine someone who was trying to
launch a boat in a lake when it was discovered the boat has invasive species. The
inspections should be paid for from a fee for the inspection.
Natural Resources Committee, 7/24/2012, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Knutzen stated and there was discussion of creating launch fees for the County's
lakes.
Weimer stated and there was discussion of pulling the ordinance from the agenda to
let other departments review it. The Council can introduce it in August. He asked if the
language precludes the Sheriff from enforcing the ordinance.
Kremen stated it's unrealistic to give the Planning Department the charge of
enforcing this ordinance. It needs to be enforced by the Sheriff's Office. He asked and
there was discussion of how the County would enforce at private boat launches.
Crawford stated the ordinance doesn't give the Planning Department responsibility,
but it empowers them to look into complaints. Getting the Sheriff to respond to an invasive
species complaint may not be realistic. The ordinance allows the County to create a penalty
for violations. It needs to be coordinated with a bigger effort. He asked and there was
discussion of what the City intends to do with its penalty.
Clare Fogelsong, City of Bellingham, answered questions.
Crawford asked and there was discussion of the State law prohibiting transport of
invasive species.
Kremen asked and there was discussion of the City's decal program and how often a
boat owner would have their boat inspected if it's used on a lake in another county or state.
(10: 03:05 AM)
Crawford read the State law regarding the transportation of invasive species. He
stated and there was discussion of using the State law for signage and enforcement.
Weimer asked and there was discussion of authorizing City or County staff to collect
survey information and do education. He asked and there was discussion of whether the
Committee should withdraw this draft ordinance from introduction to let staff work on it
more.
Crawford asked and there was discussion of:
• Whether they're just adopting a State law that's already in effect.
• Whether the City has yet issued any fines.
• If current enforcement staff are informing people that it's already against the
State law.
Teegan Ward, City of Bellingham, answered questions.
Kremen stated they need to put more thought into implementation. However,
demonstrate that the County is serious about addressing this issue.
Weimer stated they will withdraw the ordinance from Introduction until they get can
incorporate changes discussed. He would like to Introduce it on August 6.
Wendy Harris stated the lake already has invasive species. She asked if someone
would get fined from picking up invasive species from Lake Whatcom. Include regulation for
Lake Samish and Lake Whatcom as they are drinking water supplies. Inspection isn't
enough. An inspection program will miss the presence of species because certain species
Natural Resources Committee, 7/24/2012, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
aren't visible and because there is potential for human error. Clarify the definition of
watercraft to include seaplanes. They need regulation for the percentage of population that
won't go along with the voluntary program. Talk about control of the Asian clams that are
already here. The ordinance is a good start, but it's not sufficient.
Crawford asked and there was discussion of the penalties for a gross misdemeanor in
the State of Washington.
Anthony Cavender, Sudden Valley Community Association Community Environmental
Services Manager, stated the Association is in favor of a more robust invasive species
program. The Association has and will continue to partner with the City and County.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:27 a.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Z
3 Please contact the Council Office to obtain an
3
3 official, signed copy:
3
31 360- 676 -6690 or council a&o.whatcom.wa.us
Natural Resources Committee, 7/24/2012, Page 3