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HomeMy WebLinkAboutNatural Resources March 9 20041 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 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 March 9, 2004 Committee Chair Sharon Roy called the meeting to order at 9:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Seth Fleetwood None Laurie Caskey- Schreiber Also Present: None COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. DISCUSSION REGARDING THE UPCOMING JOINT LAKE WHATCOM MANAGEMENT COMMITTEE MEETING (AB2004 -123) Bruce Roll, Water Resources Division Manager, submitted copies of the current Lake Whatcom Management Plan and the draft agenda for the March 17 Joint Lake Management Committee meeting (on file). He will discuss the upcoming agenda and brief the councilmembers. They are due to revisit this plan this year. He will gather input and prepare a draft for the councils to adopt at the September Joint Lake Management Committee meeting. He read through the draft agenda. Given the public's interest in the boating issue, they will schedule a time to address this group. Caskey- Schreiber asked if the public hearing on the boating issue would limit each speaker. Roll stated that is a good suggestion. His goal is to strictly limit the public hearing to 30 minutes. Caskey- Schreiber recommended that the public know that each speaker will have only two or three minutes each to speak on this issue, they will be timed, the entire hearing will not go longer than 30 minutes, and those who don't get to speak can address the councils in other ways. Roll stated that is good input. They don't plan to have a huge discussion on the boating issue, other than to get input from the public. Boating is one component of the comprehensive Lake Whatcom Management Program. Natural Resources Committee, 3/9/2004, 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 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. Roy asked how they keep the boat issue from hijacking the entire meeting. She suspects the Bellingham City Council is on the same page as the County Council. Roll stated the County Executive is clear about limiting public input and not having a policy discussion. He will make sure the meeting members adhere to that. Roy asked if the boat issue is coming before the County Council. Roll stated there are recommendations that the Management Committee needs to formalize that will endorse the task force recommendations. That will come to the County Council, City Council, and others. They'll have to discuss the County process for engaging this issue. There are a number of recommendations they'll have to discuss. Caskey- Schreiber stated this seems to be opposite from the last meeting, in terms of Mayor Asmundson's input. She asked if he's approved the agenda. Roll stated all the parties have reviewed the draft agenda. Executive Kremen is clear about allowing limited public hearing on the boating issue. Caskey- Schreiber asked if they should allot five minutes to the Mayor since the Executive has five minutes. Roll stated that's not necessary. Executive Kremen is the chair of the Management Committee. All the jurisdictions are comfortable with the draft agenda. Fleetwood stated nothing on the agenda is related to banning boats, other than public comment. There's nothing in the Management Program that relates to boats. Roll stated recreation and boating is an element of the Management Program. Fleetwood stated it might make sense to make it known that there is no formal action item. Roll stated it is a formal agenda that goes out to the public. Caskey- Schreiber stated the Management Committee recommended phasing out two - stroke engines. She asked when they would talk about it. Roll stated they can choose when and where the Council wants to talk about it. The staff needs to understand where the Council wants to go in terms of a recommendation. There are a lot of recommendations from the task force. The Council has to systematically go through the recommendations in the Natural Resources Committee. They will need at least an hour to do that. Erika Stroebel, Resources Planner, submitted the Lake Whatcom Reservoir Management Program for 2000 (on file). She discussed how they developed the previous five -year work plan. They are in the fifth year of that plan right now. Some of the projects have a higher priority. The three of the ten program areas were identified as a high priority. The 1992 joint resolution includes six general goals for the program and 21 specific goals. They categorized some of those goals into ten program areas. The three that are the highest priority are watershed Natural Resources Committee, 3/9/2004, 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. ownership and land preservation, stormwater management, and land development and urbanization. At the March 17 meeting, she will highlight projects on which they've been successful in the three priority areas and in the other program areas. She submitted a summary of the 2000 -2004 accomplishments (on file). Caskey- Schreiber stated this plan was developed before she was on the Council, and would not have chosen some of these tasks. Roll stated this is the opportunity for the councilmembers to provide that kind of input to staff. Staff needs to know the kinds of projects the councilmembers feel are priorities. Stroebel stated staff, working with the councils, have established lower priorities that they haven't implemented. In addition, there are other things that have come up that weren't outlined in the plan that have a higher priority. In certain instances, they have gone beyond the plan, but the plan is their guideline. When they talked two years ago about priorities for coordination, they began to focus on transfers of development rights (TDR's), purchases of development rights (PDR's), and other projects. Now is the time to reevaluate the existing programs and consider new programs. Roll stated many jurisdictions are doing independent activities that are their own priorities. The intent of the Management Program is to identify areas where they need coordination to be effective. There may be priorities that the County has that are independent of other jurisdictions. Consider the priorities in light of what needs to be coordinated. Roy asked if the other councils would get the accomplishment summary before the March 17 meeting. Stroebel stated they would. Roy asked if staff is looking to this committee to approve the agenda. Roll stated staff is only briefing the councilmembers on the agenda, not looking for approval of the agenda. Caskey- Schreiber stated it's important to list action items on the agenda so they can identify what staff wants the jurisdictions to accomplish during the meeting. Fleetwood stated the number one thing to work on is stormwater runoff control. Many in the development community say most of the problem is existing runoff. He's proud of the land use actions they've done, and it's time to face stormwater sooner rather than later. Roll stated that is most of what the agenda is about. They will consider the private and public responsibilities for these systems, retrofitting options, and other issues. He agreed that it should be a priority. Caskey- Schreiber asked what staff thinks are the biggest issues facing the lake. Roll stated that in 1999, there was a reluctance to deal with land use issues Natural Resources Committee, 3/9/2004, Page 3 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 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. to preserve lake quality. That dynamic has changed. He's pleased they've started to wrestle with tough issues like land use. Regarding stormwater, they've come a long way in regulating how people are building into the future to ensure that their stormwater has minimal impacts. They have to ask if they have adequate educational resources and technical people in the field to make sure they're working. When they discuss retrofits, they need to consider long -term requirements of maintaining and upgrading those systems, which can go on for decades. Get into stormwater retrofitting. Balance resources for retrofitting versus harm to future development. Land preservation has been a focus of this group for a number of years. Many properties and easements have been purchased. That is the biggest benefit for the money. The Council will have to start deciding whether it wants to purchase properties that aren't as attractive in terms of the costs they've gotten in the past. If they want to continue, they will have to discuss how to fund the purchase of these tracts of land. Another priority is maintaining a forested watershed, and what they need to do to maintain it and prevent conversion. There has to be a tradeoff between no cutting and what is economically viable for the benefit of the community. Those are the top priorities. Another priority they've alluded to are the educational tools for the community to address a variety of issues such as stormwater and gardening. At this point, they've moved forward from creating seminars and workshops. Now it's time to take another step forward to get to another group of people who may not be going to those events. They've saturated the people who are willing to come to those events. Staff is working on other ways to get the message to other property owners. Caskey- Schreiber stated that they should stage a collection or drop off area if they ban pesticides. Host a drop off location for the used containers of pesticides. Have a big campaign about alternatives to pesticide use. Roll agreed. He gets a lot of calls about whether there should be a ban. When they've educated the public to the extent the public can do and understand lake- friendly alternatives, they have to measure how effective that is before considering a ban. They have to consider if the public is responding appropriately. There is still work to do in education. Most of the activities will be welcomed by the community. Fleetwood asked if they should give education a full opportunity before considering a pesticide ban. Roll stated that's what he recommends. Fleetwood asked the harm in doing a ban and continuing with education. Roll stated a person who lives in the watershed and is not hooked into the education will begin to understand the correct ways of dealing with the lawn and activities, then they can determine if a ban will be effective. They have a long way to go with integrated pest management. They've done a stellar job so far, but it's a lot of work to get past the volunteers. Another area that is a priority is how people use transportation in the watershed. That's an issue that needs to be addressed. There are issues related to Natural Resources Committee, 3/9/2004, Page 4 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 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. safety. Minimize the number of trips people take in the watershed to address road runoff issues. A second priority is their ability to move forward with spill response, either in the lake or in the watershed. Make sure the community has a good response to minimize the impacts. Fleetwood asked what spill response involves. Roll stated first responders include fire departments and the Emergency Management Division personnel. The community needs to understand how to respond. County government needs to understand its role. Coordinate the agencies to make sure activities work well. The last priority is the issue of data management information. The Council and community are always asking him the state of the lake and if they are making progress in reducing problems in the lake. Continue to gather data and measure loads that are coming into the lake. He can't say in the future if things are getting better without the data. Caskey- Schreiber asked if they need to establish benchmarks. Roll stated a community benchmarking process needs to happen in the watershed. They don't have benchmarks now that the community is invested in. That's a big request. Caskey- Schreiber asked if the County has a study using existing data. Roll stated the County is coordinating well with other agencies to gather data. The agencies are not duplicating data gathering. As models for pollutant loading are created, use the tools in the community decision - making process. Caskey- Schreiber stated that is an area of weakness. Every time the policy makers make a decision, they are challenged to come up with the science. She's read a lot, but can't point to one source. She asked if they have that scientific source. She asked if it will come from the WRIA plan. Roll stated some of it will. There are many pollutants in the watershed that they want to have modeled. They won't have models for everything. They'll model the big problems. Watershed protection often means comparing the current conditions versus unequivocal harm to the lake and moving toward a place where everyone can believe the science. They'll never get to a time when everyone believes the science, and if they do it will be too late. One dynamic of the process is getting the community to understand that everyone has a role to play in the watershed, and the collective stewardship will deal with the nutrient loads. Roy stated a problem is that they can all look at the same data and come to different conclusions about what is a significant data. A wide range of people are interpreting the science. They may never agree. Roll stated he hopes the model will provide guidance on the pollutants and relative loads that are going into the lake in a variety of areas. From that, they'll understand where the problems are and can decide where to focus the management strategies. Natural Resources Committee, 3/9/2004, Page 5 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 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. Fleetwood asked the status of the total maximum daily load (TMDL) study. Stroebel stated it is expected to come out later this year. She'll check for a more exact date. Fleetwood asked if the data management information addresses waterfowl populations, in data management. He asked if the County and City are going to have to do something pretty strict to deal with fecal loading from waterfowl. Roll stated there are a variety of strategies. The question becomes what it means in terms of a public health perspective. There are different management strategies to deal with different public health concerns. He hasn't seen any data showing any appreciable levels of fecal coliform making it into the intakes. Caskey- Schreiber asked if the birds are really affecting recreation potential at Bloedel- Donovan. Stroebel stated the County hasn't done an extensive study of the birds using that area. The City has looked at it a little more. There are a number of different factors that contribute to higher levels in the swimming areas. (Clerk's Note: End of tape one, side A.) Stroebel stated the Marine Resources Committee (MRC) and Port are working on the potential contribution of bacteria from birds in the commercial portion of the Blaine marina, and some of the management strategies they can use there. They will be installing stormwater treatment planters to see if that will help. They are looking at the options for dealing with bacteria. It's difficult to deal with. Standard stormwater management structural techniques haven't been effective in removing bacteria. They're trying different strategies. This work is happening across the nation, not just in Drayton Harbor. Roy stated it's difficult to get the State Department of Health to do a DNA test to determine the source of fecal matter and bacteria. Stroebel stated it's a new technology. Some folks don't feel like they have enough information to use that technology. Roll stated the historic struggle with DNA testing is having a huge library of isolates from known sources, which they can make comparisons. They need to collect the isolates from regional areas. This work is helping in terms of food borne illness. It's possible to use these techniques, but they're not cheap. Stroebel stated that in terms of stormwater management, they talked about different things. They need to look at both existing and new development. They have been doing a fair amount of work looking at existing development through nonstructural techniques, such as education. They've done enormous amount of work on new development. As they look at existing development, look not just at retrofits but at how to prevent the pollution before it enters the stormwater. Do source control. Work with folks so they understand how their practices affect the water quality of stormwater that leaves the sites and end up in the water. Natural Resources Committee, 3/9/2004, Page 6 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 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. Caskey- Schreiber stated she is concerned about Sudden Valley because of the number of development sites. She asked about the number of potential sites. Stroebel stated Sudden Valley is close to its target reduction number. They're going beyond that number. She's not sure about the exact number of developable sites. Caskey- Schreiber stated keep working with and being supportive of Sudden Valley's efforts to reduce density. Make sure those areas are being managed in a way that protects water quality. Caskey- Schreiber asked if there is a way for the County to be more aggressive with its campaign. Stroebel stated the tax foreclosure auction is the first to occur when a lot goes into foreclosure status. That is open to the public. In previous years, Sudden Valley has bid in those auctions, but only at the minimum bid price. The only way those lots go into tax title status is if they aren't purchased at a foreclosure auction. She can talk with the Treasurer's Office more to see what other options are available. One option is to increase the County's minimum bid. Roy asked the percentage of lots they lose because they don't go above the minimum bid. Stroebel stated this last year, there were only about 18 lots that were available in Sudden Valley. The County did not obtain any of the 18 lots that made it to public auction. Roy asked if they will have to look at each individual lot before deciding to raise the bid. Stroebel stated there are a number of ways to do that, but they'll need to talk with the other parties before they do that. Roll stated the program has been designed around opportunities that have been presented, and is not proactive. If the Council wants to be proactive, it will take an enormous amount of time and energy resources from staff. Stroebel stated they also need to consider the watershed as a whole. Some of the obvious opportunities are starting to move away. Parcels are starting to cost more. There are a lot of properties that are high priority that will cost more. Roy stated they will follow the agenda at the Joint Lake Whatcom Management Committee. Make sure the boat people understand there is a 30 minute limit and there won't be policy discussion at the meeting. There are other ways they can give input. The County Council and Management Committee will look at the information from the boating task force. The rest of the meeting will be to review the plan. Roll stated the councilmembers need to read the plan before the meeting and be prepared to provide input on priorities in the plan. Roy stated they need to focus on projects that require inter - jurisdictional cooperation. Natural Resources Committee, 3/9/2004, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 10:30 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, 3/9/2004, Page 8