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Home My WebLink AboutSpecial Council August 11 1987WHATCOM COUNTY COUNCIL SPECIAL MEETING August 11, 1987 The meeting was called to order at 7:03 p.m. by Vice Chair Roehl with Hansey, Hawley, Johnson, Muenscher and Warner present. HEARING ORDINANCE TO PROHIBIT OFF -ROAD VEHICLE PARKS ON PUBLIC LANDS FOt RECREATIONAL PURPOSES IN WHATCOM COUNTY, WASHINGTON Roehl explained that the proponents and opponents of the ordinance, which had been proposed through the mini - initiative process, would each have 45 minutes to present their arguments and 15 each minutes for rebuttal. The public hearing on the ordinance was opened. Olen Fosnaugh 3951 Nelson Road, Deming Mountainous areas in Whatcom County contain deposits of cancer - causing asbestos fibers which are disturbed by ORV activity; quality of water run -off from mountains needs to be protected; ORV users should use existing back - country roads; there are already 37 existing ORV facilities in Washington State, including Walker Valley in Skagit County; people living near the Walker Valley facility have had problems with trespassing and experienced lowered real estate values; an ORV Park in Whatcom County would be a magnet for Canadian ORV users. Larry Harris 6375 Eastwood Road, Deming ORV recreation is different from and more controversial than other forms of recreation; establishment of an ORV park in Whatcom County would result in gains only to ORV users and many losses; ORV recreational development would be incompatible with social and economic growth; ORV use closes out other land use options; fragile natural resources should not be squandered. August 11, 1987 Page 2 Gary Sayles 3951 Nelson Road, Deming Deming Water Association has concerns about effect of an ORV facility on water quality; the ordinance would allow a hiatus in the controversy surrounding establishment of an ORV facility and give officials more time to consider what is best for the County; the initiative applies only to public land and does not seek to ban ORV use, only the development of parks or facilities for such use; discussed dangers of asbestos fiber deposits and concerns about water quality; cited problems caused by ORV use in Arizona. Bob Hughes 6895 South Pass Road, Deming ORV Park will not stop ORV use elsewhere; law enforcement is planned only for park, not for other areas; such a facility would attract many people who would not have to stay within the confines of the park; trespass on private property is extremely difficult to stop or prosecute, particularly with absentee landowners. Peter Rasmussen 7603 Kendall Road Discussed funding mechanism for ORV facilities: Whatcom County money from AIC and DNR funds would provide about half of the necessary amount, with the rest of the money coming from other counties; if DNR funding only is used, as is currently proposed, only 16% of the necessary $83,000 would be provided through Whatcom County contributions; his research indicates Whatcom County has spent over $600,000 in ORV funds in the last nine years, and also that $150,000 rather than $83,000 is a more realistic estimate of the cost to build a park; cited trail maintenance costs of $4,710 and $2,380 per mile at other ORV parks, while less than $1,000 per mile is proposed for a facility in Whatcom County; what will be the consequences for area residents, fisheries, water supplies, and air quality if funding for law enforcement and maintenance is not available in future years ?; the concept of "need" for an ORV facility is being confused with the desire for one; building a park will not solve existing ORV problems; potential problems including erosion, effect on quality of life and economics, liability, costs, and effect on county -wide law enforcement; distributed written information. August 11, 1987 Page 3 Opponents Howard Mills 2176 Dellesta Drive, Bellingham Purpose of mini - initiative is to derail efforts to establish an ORV park; current ORV programs and funds would be affected if ordinance were adopted; Whatcom County cannot enact legislation to prohibit facilities on state lands; ORV Users Association attorney submitted opinion that ordinance would be illegal; ordinance would conflict with other state and county laws. Ron Morgenthaler Woodinville, Washington Formerly lived in Whatcom County; was involved in original ATV legislation and has worked on this issue for many years; it is wrong to ban development of any form of recreational activity; more fossil fuels are wasted by unnecessary travel and commuting than by ORV users; "waste of natural resources" is a value judgement; a well- managed facility would protect resources; the Parks Department is competent to develop a good facility; a park would provide increased opportunity to communicate with and educate ORV users; the mini - initiative is an attempt to circumvent the current proposal for an ORV Park. Howard Knowlton 4300 Gooding Ave., Bellingham Whatcom County has a tradition of saying no to industry, opportunity, and recreation; urged Council to "just say no" to the mini - initiative; mini - initiative is a result of emotional bias and unfounded prejudice. Karen Drafs 1321 Birch St., Bellingham ORV users are responsible citizens; outlined family's educational and employment backgrounds; mini - initiative is discriminatory; bicycle races such as those in the Sea -to -Ski race are no less dangerous than ORV use; ORV use is no more injurious than other forms of recreation; distributed information on motorcycling including educational information provided to Whatcom Middle School students; described various types of motorcycle sports and events; introduced John Nielsen, one of 33 riders who will represent the United States in September in a motorcycling event in Poland; ORV users have a negative stereotype to overcome; Mt. Baker Motorcycle Club provides services to Whatcom County such as charity fund - raisers; ORV use is a family- oriented form of outdoor recreation; can co -exist with domestic animals and wildlife. August 11, 1987 Page 4 Bill Thompson 1017 Queen St. Mini - initiative is discriminatory; traditional riding places are now closed to that form of recreation; listed areas where riding is no longer permitted; need new riding areas. Jim Kline 1725B Lakeview Blvd., Mt. Vernon Lives near the Walker Valley ORV Park; park is a good neighbor; can't hear motorcycles; has not affected property values. Mark Ross 2308 Grant St., Bellingham Initiative is biased; ORV use is legitimate form of recreation; minority groups need protection of government. The meeting was recessed at 8 :45 p.m. and reconvened at 8:50 p.m. Rebuttal by P John Phillips Seattle, Washington Purpose of initiative is not to ban ORVs, only construction of parks or facilities; Council should represent the interests of the majority; the current park proposal would commit the County to use far beyond what is needed by County residents; County liability risk would be high; County taxpayers should not be exposed to that risk when County is self- insured; state funds may be available to construct a facility but there is no state money for liability; the money needed is disproportionate to the per - capita funds generated in Whatcom County; what would happen in the event of a shortfall ?; mini - initiative demonstrates concern on the part of many citizens. Peter Rasmussen 7603 Kendall Road, Maple Falls Does not believe he is biased; rode motorcycle for four years; is concerned about irresponsible ORV users; in response to an earlier statement that 400 new ORV stickers were sold this year stated that licenses are required to be renewed every year and a tgtal of 400 stickers were sold this year, not 400 new stickers. August 11, 1987 Page 5 Rebuttal by 0 Rod Morgenthaler Woodinville, Washington ORV use is legitimate form of recreation; issue of liability is scare tactic; trail riding has a low incidence of liability and injury; state statute limits liability of landowner who allows use of land for recreational purposes to gross negligence; other ORV facilities have low incidence of liability claims; ATV deaths are less than those from other forms of recreation; other land uses, such as development, create dangers from asbestos fibers; ORV funds were not intended to be distributed equally among counties; the Walker Valley area is not as well - managed as a facility in Whatcom County would be. Ron Secor 1269 Lattimore Road, Ferndale President of Whatcom County Snowmobile Association; feels initiative would hurt existing programs; is too all - encompassing. The hearing was closed. HAWLEY MOVED TO REJECT THE MINI - INITIATIVE AND THE ORDINANCE. There was discussion on the motion. The motion carried 5 -1 (Warner). The meeting was adjourned at 9:30 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl, Vice Chair ATTEST: PAZUX kw"�� , Carol Ebergson Clerk of the Coun it