HomeMy WebLinkAboutCommittee of the Whole March 23 19991
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
WHATCOM COUNTY COUNCIL
Committee Of The Whole
March 23, 1999
The meeting was called to order at 5:30 p.m. by Council Chair Marlene Dawson in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Alcn PrPCPnt• AhsPnt-
Kathy Sutter
L. Ward Nelson
Connie Hoag (10 minutes late)
Barbara Brenner (10 minutes late)
Tom Brown
Robert Imhof (late)
Sutter moved to go into executive session for 60 minutes to discuss items #1 and #2.
Motion carried unanimously.
1. WHATCOM COUNTY PUBLIC WORKS DIRECTOR JEFF MONSEN AND SENIOR
DEPUTY PROSECUTOR KAREN FRAKES TO UPDATE THE COUNCIL ON
LUMMI WATER NEGOTIATIONS (AB99 -018)
2. DISCUSSION WITH CHIEF CIVIL PROSECUTOR RANDY WATTS REGARDING
PENDING LITIGATION (AB99 -018)
3. DISCUSSION REGARDING DRAFT WETLAND MITIGATION BANKING
POLICIES (AB99 -119)
Bob Andersen, David Evans & Associates, stated that this is the second phase of work
that David Evans & Associates had done. The County exposure to mitigation banking is limited
to a reference in the Critical Area Ordinance that mitigation banking is something that is
allowable. When he determined the scope of services, he found a series of issues that no one
knows how to deal with. There are new views from agencies. The State Department of Ecology
is in the rule making process right now. They are dealing with the same issues, guidelines, and
policies. The County is in a parallel track with them. He thought that they could put together the
general policy guideline issues with the purpose of educating the County Council. If these are
palatable, then they will go out to all of the agencies and do conflict resolution with them. They
are trying to make sure they are representing the policy that the County Council and Whatcom
County wants, to the extent that is reasonable to be able to come up with conflict resolution with
the agencies, then come back and provide the County with an operations manual. That manual
would outline policies, guidelines, and provide samples for mitigation banking procedures. The
first step is to give this draft to the Council to feel comfortable about policy on some of the
issues.
Committee of the Whole, 3/23/99, 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
Sutter stated that it looks like it is aimed just at developers. She questioned how a single
property owner would be able to utilize the process.
Andersen stated that there is a section on ownership options. Some of the prime
candidates include individual entrepreneurs, but there are a great many public entities, such as
the Port of Bellingham. The State Department of Transportation is critically involved in
mitigation banking. There is a great deal of involvement from the public sector, but it is also
there for the private sector.
Sutter stated that she didn't want to set up their own mitigation bank, she just wanted a
bank that someone could make a deposit in.
Andersen stated that there are a number of ways to deal with that. At times there might
not be a mitigation bank process, but just a process of a joint venture.
Sutter stated that she wanted something even simpler for that small property owner that
has prime wetland property so they don't have to go through all of the work doing a joint
venture.
Andersen stated that is available today, but it is not mitigation banking. His scope of
services is on mitigation banking.
Sutter questioned what it would be.
Nelson stated that it is open space.
Sylvia Goodwin, Planning and Development Services Planning Manager, stated that it is
off -site mitigation.
Sutter stated that some kind of compensation needed to be available for a small land
owner who deposits land into the bank and, when it is used for mitigation, gets some kind of
compensation.
Andersen stated that Sutter was describing a stand -alone catalogue of available
properties.
Brenner stated that a wetland that can't be developed upon, and is thrown into a bank, is
not worth anything.
Imhof stated that it is worth something to someone who wants to develop somewhere
else.
Andersen stated that there are policies in the program that address the use of restoration
versus creation and restoring degraded wetlands.
Committee of the Whole, 3/23/99, Page 2
I Sutter stated that it was not clear in the program how the single landowner can take
2 advantage of the program.
3
4 Andersen stated that one of the items that is very clear is the fact that mitigation, if made
5 up of small claims of ownership, needs to fit into a larger landscape pattern.
6
7 Sutter stated that, in order to do that, it would be more efficient if all of those areas were
8 listed in one place so that someone can look through a catalogue.
9
10 Brenner questioned whether the proposal would give a value of the wetland after the
11 upgrade or if the wetland would just be handed over.
12
13 Nelson stated that some wetlands aren't identified as a wetland of protection.
14
15 Brenner questioned the value if the person handing over the wetland does not do
16 enhancement.
17
18 Michael Knapp, Planning and Development Services Director, stated that the value
19 wouldn't be at the beginning, it would be after it was consumed by someone that wanted to use
20 the wetland.
21
22 Brenner questioned why the owner of the wetland would receive a value from someone
23 else if there weren't a value available to the owner.
24
25 Andersen stated that there are a number of policies that relate to maturation of the
26 wetland, degradation, and restoration versus creation. For example, a landscape border identifies
27 areas, where small enclaves owned by individuals that have adjacent pristine wetlands, whose
28 success might be enhanced by being included in mitigation banking. Those existing wetlands
29 would be counted as credits because it is fitted into a management scheme.
30
31 Hoag questioned what policy direction he is requesting from the Council.
32
33 Andersen questioned whether the preliminary draft fits in with what they envision for the
34 County. If it is, then he can start negotiating conflict resolution.
35
36 Hoag suggested that this item be discussed in Planning and Development Committee.
37
38 Sutter read the policy in Code 7 and suggested that it also say "...released for
39 marketplace sales or used for new or additional mitigation."
40
41 Andersen stated that this is one of the most important and dynamic incentives to
42 successful mitigation banking. They are talking about moving from a punitive approach to an
43 incentive approach. Today, if someone has a project and an agency determines that there should
44 be a 3 -1 or 6 -1 ratio, then successful mitigation banking would create six times as much area. He
45 suggested that there is a time period in which one would show the on -going maintenance, until
46 this is a self - sufficient system, and then they should be rewarded for that. If there is a 3 -1 ratio
Committee of the Whole, 3/23/99, 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
and ten years of monitoring and maintenance, then 2/3 of the area should be made available. It is
still there in a legally defined boundary, they just get to sell the credits.
Goodwin suggested that section needs to be clarified. It sounds like they are actually
going to sell the real estate, not the development portion.
Sutter concurred.
Goodwin clarified that the intent was to sell the mitigation value.
Dawson stated that this would be brought forward to Planning and Development
Committee.
Sutter suggested that it be scheduled in two weeks for questions only, then scheduled
again during the April 20, 1999 committee meeting to answer questions.
The committee concurred.
OTHER BUSINESS
ADJOURN
The meeting adjourned at approximately 7:00 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on April 20, 1999.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Marlene Dawson, Council Chair
Committee of the Whole, 3/23/99, Page 4