HomeMy WebLinkAboutNatural Resources September 27 20051
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Natural Resources Committee
September 27, 2005
Committee Chair Sharon Roy called the meeting to order at 9:30 a.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Dan McShane
Also Present:
Sam Crawford
L. Ward Nelson
COMMITTEE DISCUSSION
Absent:
Seth Fleetwood
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 11,
BOATING AND SWIMMING, TO LIMIT THE USE OF LIMB - PROPELLED
FLOTATION DEVICES ON THE SOUTH FORK OF THE NOOKSACK RIVER
FROM JUNE 1 THROUGH OCTOBER 31 (AB2005 -173A)
Roy stated the meeting two weeks ago on this item was successful in
enhancing communication. People thought they were closing down the whole South
Fork. There seemed to be a change in posture when people realized they are
talking about a limited area. That seemed to satisfy those individuals who came to
speak against the ordinance. This started because community members asked the
County to do something about the problems. It was good to see that those
opposed originally got their questions answered.
McShane asked staff's opinion on allowing access 200 -feet beyond the Acme
Bridge.
Paula Cooper, River and Flood Division Manager, stated a mitigation
component of the Everson overflow project was to replant in that area as offsite
mitigation for the project. The Conservation Reserve Enhancement Program (CREP)
may be a source of revenue for that planting. CREP has some limitations. The
Conservation District doesn't want people to walk through the plantings. There
would have to be access, but she's nervous about encouraging people to walk
through there, based on what she's seen in the past.
McShane stated he received an email from a Lynne Givler with the County
Parks Department, which he read (on file) regarding an appropriate location for
river access. It sounds like 200 feet might be too broad. They may need to keep
the boundary at the bridge. The Betty Lou Close property was all rip- rapped. It
doesn't have an easy access. Cooper stated there is a gravel bar people can access
Natural Resources Committee, 9/27/2005, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
at the property. There have been a lot of people complaining about use of that
area. That's why there is a new sign there.
Nelson stated some of the public is concerned about the north side access
because it is the beach for people who live in the area. It's an access point. It's a
flat, sandy bar. He asked if there would be no access to the beach for the people of
acme if the County closes the use right at the bridge,
McShane stated the ordinance applies only to riding inner tubes in the river.
The ordinance has nothing to do with river access for any other purpose.
Nelson stated they would have to police it.
McShane stated the Department of Fish and Wildlife has volunteered to do
patrolling. The Sheriff has agreed. The patrols would only be for people who are
riding in the inner tubes in the river. Anyone else using the river would be fine.
This idea for a 200 -foot access was a response to a suggestion to give people
room to get into the river. He came up with this arbitrary solution. It sounds like
there are a couple of problems with it. It sounds like there will be an access
problem no matter what. There already is an access problem.
Nelson asked if there is a way to create better access on the Betty Lou Close
property. Cooper stated that site is committed for mitigation planting for the
Everson overflow project.
Roy stated they should maybe go back to the original proposal. There are a
lot of consequences to any of it.
She talked to Sheriff Elfo about Fish and Wildlife's offer to enforce. Sheriff
Elfo is very supportive, and has already deputized some people.
McShane moved to amend Whatcom County Code (WCC) section
11.20.025, "...between Edfro Creek and 200 feet upstFea m cf the Acme Bridge..."
Motion carried unanimously.
Royce Buckingham, Senior Civil Deputy Prosecutor, stated this is not as
strong an ordinance as the ordinance in San Juan County. However, it'll resist a
challenge. If someone challenges the ban of rafts, saying they aren't limb -
propelled and they don't have the same impact as inner tubes, a challenge would
probably just eliminate that part of the ordinance. They can still ban just inner
tubes.
Roy stated the intention of this is to allow people who live near the river to
use the river for recreation. They don't want to be too heinous about limiting their
access to the river. She moved to send this forward to a public hearing.
Natural Resources Committee, 9/27/2005, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Motion carried unanimously.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 9:46 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sharon Roy, Committee Chair
Natural Resources Committee, 9/27/2005, Page 3