HomeMy WebLinkAboutNatural Resources February 9 20101
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
February 9, 2010
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
Present: Carl Weimer, Bill Knutzen and L. Ward Nelson.
Absent: None.
Also Present: Barbara Brenner, Kathy Kershner and Sam Crawford
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. RESOLUTION APPROVING THE SOUTH FORK REGIONAL PARK CONCEPTUAL
PLAN (AB2010 -056)
This item was withdrawn from the agenda
2. ORDINANCE AMENDING WCC TITLE 20 TO MODIFY THE DATES OF
SEASONAL RESTRICTIONS ON CLEARING ACTIVITIES FROM SEPTEMBER 1ST
THROUGH APRIL 30TH TO OCTOBER 1ST THROUGH MAY 31ST AND
IMPOSING A DEADLINE ON THE ISSUANCE OF DEVELOPMENT PERMITS TO
TWO WEEKS PRIOR TO THE SEASONAL CLOSURE DATE IN THE WATER
RESOURCE SPECIAL MANAGEMENT AREAS (AB2010 -075)
Cathy Craver, Planning and Development Services Department, gave a staff report
and submitted a handout (on file). She referenced her memo to the Council dated February
1, 2010 regarding the recommendation for seasonal restrictions on clearing activities within
the water resources special management areas (on file).
Discussion included the amount of root growth in May; a point system used prior to
seasonal restrictions; whether the building community prefers the point system or a set
timeframe for seasonal clearing restrictions; the permit application process; the difficulty of
growing grass planted in June; starting the construction season in May versus in June, and;
whether the seasonal clearing restrictions will apply in Birch Bay.
Crawford asked for research on what was not working with the point system, and
possibly revisiting the use of the point system. Many in the industry are complaining about
seasonal restrictions and have said they prefer the point system. The Building Industry
Association (BIA) was against the seasonal clearing schedule and in favor of the point
system.
Nelson described the history of and reasons for changing from the point system. The
Council was responding to stormwater impacts to Lake Whatcom and property owners not
properly controlling construction runoff.
Natural Resources Committee, 2/9/2010, Page 1
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The following people answered questions:
• Mike Kershner, Planning and Development Services Department
• David Stalheim, Planning and Development Services Department Director
Weimer moved to recommend approval to the full Council. He recalls that the
point system worked well for organized developers, but not necessarily homeowners. They
also wanted to align timeframes with the City of Bellingham.
Brenner stated she supports the ordinance, but come up with another process to
allow people to get a special permit to do this when they're having exceptionally dry
weather. Craver stated there is a provision for phased development that addresses that
concern on some level.
Nelson stated he will support the ordinance. He likes the date change. He is
concerned about getting something to grow in summer. He would like to consider allowing
clearing in May.
The motion carried by the following vote:
Ayes: Weimer, Knutzen and Nelson (3)
Nays: None (0)
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING HB 1614 (RELATED TO REDUCING THE AMOUNT
OF PETROLEUM POLLUTION IN STORM WATER) (AB2010 -085)
Weimer stated House Bill (HB) 1614 is dead, but has been replaced by House Bill
3181 (on file).
Crawford gave a report on this item. He is opposed to this House Bill. Approve a
resolution opposing the House Bill, and send it to the State legislature.
The following people answered questions:
• Jon Hutchings, Public Works Department
• Bill Kidd, British Petroleum
Brenner stated add a "whereas" statement that this is another way to get to the real
source of where stormwater runoff is coming from, and that is through the homeowner, who
can be given incentives for doing retrofits. Also, add a "whereas" statement, if factual,
about the money going to the State's general fund.
Discussion included unfairly burdening one industry; economic models that say it
may be cheaper to refine the oil in India and ship the refined gasoline; keeping those
industries local in case relationships with those countries dissolve; how these companies
contribute to the economy through their charity work and ancillary local businesses;
concerns about how these funds are used; benefits to local taxing districts from these taxing
mechanisms; the amount of money this existing tax has collected and how much has been
allocated to stormwater retrofits; how the refineries pay these taxes; developing low- impact
development regulations and adopting the State's manual; the definition of hazardous
substances; keeping businesses in Washington State viable; the timeframe for
accomplishing stormwater retrofits, and whether this actually benefits local communities
and their deadlines; stormwater retrofits as a part of the capital facilities plan; designing
Natural Resources Committee, 2/9/2010, Page 2
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programs to please the State Department of Ecology (DOE) versus programs that are
applicable for a particular area, and; creating a dedicated State fund for stormwater retrofits
and toxic waste cleanup that these taxes would go into.
Nelson stated the State should make sure that this revenue doesn't supplant other
State operations. Amend the last Whereas statement, "...and equitable funding mechanism
dedicated entirely for toxic waste and stormwater retrofit than that proposed in HB 1614."
Crawford stated the councilmembers can bring amendments to the Clerk to include
in the draft resolution going before the full Council.
Nelson moved to recommend that the full Council approve a resolution opposing
HB3181. Councilmembers should bring forward amendments that evening.
Weimer stated he is opposed to the resolution. He's not sure any of this money will
ever go to address stormwater, but it's clear something has to be spent on stormwater.
Every study shows the decline of Puget Sound due to a variety of pollutants. He also
doesn't like the way the bill is structured. The Washington State Association of Counties is
moving forward with a letter of support for stormwater funding for the same thing. The
resolution also includes factually incorrect statements. They should hear from both sides of
the issue, and give the public a chance to comment.
Brenner stated the State legislature is rushing this through, not any individuals. Say
that in a whereas statement.
The motion carried by the following vote:
Ayes: Knutzen and Nelson (2)
Nays: Weimer (1)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:32 a.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.whatcom.wa.us
Dana Brown - Davis, Council Clerk
Carl Weimer, Committee Chair
Natural Resources Committee, 2/9/2010, Page 3