HomeMy WebLinkAboutClimate Action Jul 26 2022U4 rfr'_T. ,; � F-A
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Committee Minutes - Final
Tuesday, July 26, 2022
9:30 AM
Hybrid Meeting
HYBRID MEETING - ADJOURNS BY 10:45 A.M. (PARTICIPATE IN -PERSON,
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COUNCILMEN BERS
Todd Donovan
Ben Elenbaas
Kaylee Galloway
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Climate Action and Natural Committee Minutes - Final July 26, 2022
Resources Committee
Call To Order
Committee Chair Kaylee Galloway called the meeting to order at 9:30 a.m.
in a hybrid meeting.
Present: 3 - Todd Donovan, Ben Elenbaas, and Kaylee Galloway
Absent: None
Also Present: Barry Buchanan, Tyler Byrd, Carol Frazey, and Kathy Kershner
Committee Discussion
2. AB2022-419 Discussion regarding proposed ordinance amending Whatcom County Code Section
11.20.025 to restrict the use of flotation devices on the South fork of the Nooksack
River to better protect ESA -listed Chinook salmon
The following people spoke:
Lisa Wilson, Lummi Nation Councilmember
® Treva Coe, Nooksack Tribe Natural & Cultural Resources
Department
George Swanaset Jr., Nooksack Tribe Natural & Cultural Resources
Department Director
Councilmembers discussed how they would educate the public and enforce
the Ordinance, what is meant by the word "limb" in the Ordinance, and two
parallel options for the Ordinance that the Council could pursue. One would
be a moratorium which would close the recreation listed in the Ordinance
for this summer and give the Council six months to continue to work with
the tribes and other partners. The alternative would just be a ban.
Rachel Vasak, Nooksack Salmon Enhancement Association (NSEA), spoke
about what NSEA has been doing regarding the issue and how they could
offer support through outreach and education.
Satpal Sidhu, County Executive, spoke about challenges with enforcement,
what it might look like, and questions that need to be answered such as
whether the tribes have resources and jurisdiction for enforcement.
Councilmembers and the speakers discussed the connection between tubing
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Council Climate Action and Natural Committee Minutes - Final July 26, 2022
Resources Committee
and low flows and water temperature, whether this is a higher priority in the
quest to bring back the salmon population than managing derelict nets or
making sure harvesting practices are thoughtful, whether the public has been
involved in this or whether it is the first time they are hearing about it, who
pays for the enforcement of this, what the exemptions (as referenced in
Section A of Exhibit A) for commercial operations would include, what the
basis is for making this decision, whether they have any real data that shows
that river rafters are impacting the salmon population, whether they have
compared how the Frazier River is doing with its salmon population
compared to the Nooksack River and what practices for bringing back
salmon populations are different between the two rivers, what change would
be made to the Whatcom County Code if the Ordinance is adopted, having
some sort of public notice process in the next few weeks, when an
Ordinance would take effect and whether that is enough time to get public
input and buy -in, whether they should wait and have an Ordinance that would
go into effect next year, statistics about the true impact of tubing if the
salmon population has increased to 2,500, a concern about still allowing
commercial operations if tubing is not allowed, and seeing the current map
and the proposed map.
Barb Fisher, Lummi Nation Natural Resources, spoke about the status of
the salmon population and stated that 2,500 fish returning is just a tiny
percentage of the recovery goal. Salmon are in grave danger of extirpation.
Coe stated recovery is measured in terms of natural origin chinook (fish
produced from fish that spawned in the wild). The 2,500 returning adults are
hatchery -origin fish. The five-year average abundance estimate for
natural -origin adults is 105 fish and those are the fish by which recovery is
measured. The section of river proposed for a ban in this Ordinance is
important for upstream migration as well as spawning. She is not aware of
any commercial operations on the South Fork. She spoke about statistics
and how coming near the fish in the river causes a startle response which
stresses the fish.
Councilmembers discussed which of the two Ordinance options they would
like to introduce tonight and whether they can introduce both the interim
and the regular Ordinances.
Dana Brown -Davis, Clerk of the Council, stated they could introduce both
(see AB2022-425 for the Interim Ordinance).
Clerk's note: Councilmembers took a brief recess to deal with technical
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Council Climate Action and Natural Committee Minutes - Final July 26, 2022
Resources Committee
issues in the Council Chambers. They moved to the Council Conference
Room for the remainder of the meeting.
This agenda item was DISCUSSED.
1. AB2022-412^ Discussion of Conservation Easement on Stewart Mountain Community Forest Phase
Chris Elder, Public Works Department, briefed the Councilmembers on the
Draft Conservation Easement (on file) and answered whether Item 7.1 under
Grant in Perpetuity would apply if the Whatcom Land Trust was to sell this,
whether a Council motion is needed today, whether there is any mechanism
for transferring a fund balance in the event a profit is generated and who
would decide that, and whether the County will have the ability to address a
fund balance down the road or whether the Land Trust would be the one to
decide what they want to do with it.
This agenda item was DISCUSSED.
1. AB2022-363 Resolution supporting a transition to zero -emissions transportation
Galloway updated the Councilmembers on the Resolution.
Donovan moved to recommend to the full Council that the amended second
substitute be approved.
Councilmembers discussed item five ("Exempt all bikes, including electric
bikes, from county sales taxes") under the header "Invest in alternative and
active modes of transportation and infrastructure'' in Exhibit A, and whether
it is possible to implement that exemption.
Brad Bennett, Administrative Services Department Finance, answered the
question about the County's or Council's jurisdiction over the possibility of
exempting bikes and electric bikes from County sales tax. Administration
of sales tax belongs to the State.
Donovan amended has motion and moved to recommend approval of the
amended second substitute Resolution with a further amendment to change
item five in Exhibit A as follows:
Mork with the Mate L,eZLiqlature to eFxempt all bikes, including
electric bikes, from county sales taxes.
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Council Climate Action and Natural Committee Minutes - Final
Resources Committee
Adjournment
17M III FIFII X "I 111 11,
following vote:
Aye: 2 - Donovan, and Galloway
Nay: I - Elenbaas
Absent: 0
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 10:52 a.m.
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Kristi Felbinger, Minutes Transcription
July 26, 2022
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Kaylee Galloway -via email 7/28/2022
Kaylee Galloway, Committee Chair
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