HomeMy WebLinkAboutNatural Resources February 3 1998WHATCOM COUNTY COUNCIL
Natural Resources Committee
February 3, 1998
The meeting was called to order at 9 a.m. by Committee Chair Connie Hoag in the
Council Committee Room, 311 Grand Avenue.
Also Present: Absent:
Tom Brown None
Kathy Sutter
Staff Present:
Regina Delahunt, Health Department
Dan Gibson, Prosecuting Attorney =s Office
Chuck Benjamin, Health Department Director
Karen Frakes, Prosecuting Attorney =s Office
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
DISCUSSION REGARDING CLOSURE RESPONSE STRATEGY AND CREATION
OF A SHELLFISH PROTECTION DISTRICT AT PORTAGE BAY (AB98 -046)
Stuart Glasoe, Puget Sound Water Quality Action Team, joined in the discussion with
Regina Delahunt, Health Department; Dan Gibson, Prosecuting Attorney =s Office; and Chuck
Benjamin, Health Department Director, along with committee members Connie Hoag and Tom
Brown. Glasoe distributed a handout on RCW 36.94.020 (on file).
Discussion followed on fees charged in a shellfish protection district vs a flood control
zone district; the workability of a specific district in the short- vs long -term; concern of focus
diluted by a large bureaucracy; various committee approaches to the creation of a district;
whether marine waters should be included in the district; authority; implementation of a flood
control assessment; involvement with the Lummi Tribe; combining and coordinating the two
districts; projected solution date to the runoff problem; closure response process; today =s
committee activity; ordinance process; boundary of district;
(Clerks Note: Tape 1, side B)
County staff person on the shellfish district committee; the possibility of a resolution regarding
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specific direction to staff, specifics of the proposed ordinance; various exemptions; an NDPES
permit; best management practices (BMP); mixing funds; and stormwater runoff.
Regarding fees, it was pointed out it is not allowed to double charge for the same service.
Gibson stated that in talking about an omnibus or umbrella agency, care must be taken to track
the money that comes in under a particular authority to be sure it is applied to the purpose for
which it was collected. He also replied to a question about levying a tax that reduces the amount
paid into another fund by stating that one of the reasons it can be treated as an assessment rather
than a tax is because of its even application. Reducing the taxes recharacterizes the assessment
into the form of a tax. It was later pointed out that fee lands are subject to assessment.
Various committee approaches to the creation of a shellfish district included combining
shellfish issues; setting up the shellfish district now and then examining the long -term issues;
and combining Drayton Harbor and Portage Bay issues.
Ordinance issues discussed included introduction at the next Council meeting
(February 10); base the proposed ordinance on Drayton Harbor =s ordinance; boundary location;
legal description; automatic conversion from exempt to non - exempt status; an owner must
demonstrate on an annual basis the exemption warrants exclusion from the tax; timeline of the
proposed ordinance; activity exemption; funding; sunset clause; County staff person; which
authority applies; exemptions required annually; a tick file; and the timeliness of the draft
ordinance. Delahunt noted that contamination increases noticeably below Nugent =s corner;
above that point there is little contamination.
(Clerks Note: Kathy Sutter arrived at approximately 10:30 a.m)
Hoag moved to recommend staff draw up an ordinance to establish a shellfish protection
district under the authority of RCW 90.72 and include the boundaries of the Nooksack River
Watershed from Nugent =s Corner down. Also included would be language converting exempted
lands after they are no longer exempt and, if deemed appropriate, have the applicant demonstrate
exemption. This language would also reference setting up a program that would implement the
response strategy from the Closure Response Team. Language may be required for annual
exemptions. The sunset date would be December 2000 subject to Council review six months
prior and could include public process.
Gibson spoke to the Flood Control Zone District. The Advisory Board is meeting to
work on the adoption of its Comprehensive Flood Management Plan probably within the next
year and are eager to continue unimpeded.
(Clerks Note: Tape 2, side A)
A brief discussion followed on involvement with the Lummi Tribe and cooperation regarding
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funding. The tribe cannot be assessed. Hoag then clarified the Department of Ecology (DOE)
was the lead agency on Drayton Harbor and is also the default lead; the Conservation District is
lead on Portage Bay.
Motion carried 2 -0 with Sutter abstaining.
This item will be continued at the next committee meeting (February 10) for an update.
ADJOURN
The meeting was adjourned at 10:45 a.m.
Elizabeth Bennett, Recording Secretary
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown- Davis, Council Clerk Connie Hoag, Council Member
Natural Resources, 2/3/98, Page 3