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Wendy Harris, RECEIVED On behalf of Petitioners NOV 3 0 2007 3925 E. Connecticut Street Bellingham, WA 98226 City of Bellingham (360) 922-0442 Planning [email protected]

Tim Stewart, Planning Director City of Bellingham Planning and Community Development Department 210 Lottie Street Bellingham, Wa, 98225

November 30, 2007

LETTER OF INTENT To Submit Neighborhood Plan Amendment Application For The "Complete" Silver Beach Neighborhood Plan

Pursuant to the provisions of BMC Sec. 20.20.020 B, and BMC Sec. 21.10.150 B(l )(b ), the below signed Silver Beach residents ("petitioners") request that the Bellingham Planning Director initiate the "complete" Silver Beach Neighborhood plan amendment, which is attached hereto as Attachment A.

Petitioners request that the complete plan amendment be docketed concurrently with, and joined to, the "official" neighborhood plan amendment that was submitted by the Silver Beach Neighborhood Association ("SBNA"). Further, petitioners request that, pursuant to BMC Sec. 21. l 0.190 A, the Director waive normal submittal requirements for review of this application as such necessary information is contained in the application filed by the SBNA, rendering additional documentation duplicative.

Finally, petitioners request that any relevant fees for this application be waived on the theory that the "complete" plan amendment is, in fact, the true result of the neighborhood plan review process required under BMC Sec. 20.20.070. This assertion is supported by the facts discussed below, and in the separate request for fee waiver submitted to your office by petitioners on November 16, 2007.

THE "COMPLETE" SIL VER BEACH PLAN AMENDMENT IS THE PROPER PLAN AMENDMENT FOR THE PLANNING DIRECTOR TO INITIATE

The "Complete" Plan Amendment Has Strong Support Within The Neighborhood Following An Inclusive Process Letter of Intent for "Complete" SB Plan Amendment 2

The history surrounding the creation of the "complete" plan amendment is set out, in relevant part, in pages I through 8, of a 128 page document entitled, "2007 Silver Beach Neighborhood Plan Update Process." Said relevant pages are attached as Exhibit B. The complete document has been included in the plan amendment submitted by the SBNA and may also be found on the SBNA website, http://silverbeachneighbors. googlepages.com/silverbeachneighborhoodassociation.

In late 2006, a group of Silver Beach residents met to re-establish the SBNA and work on a neighborhood plan amendment. Over the course of a year, the SBNA invited Silver Beach residents to participate in the plan amendment process. This invitation was made through signs posted through-out the neighborhood, announcements in and local alternative , on several radio stations, through emails, by postal mail and via a website. (Exhibit B).

The Silver Beach plan amendment was drafted by more than 20 different Silver Beach residents, many of whom had conflicting beliefs about the action items. ("Silver Beach Plan Authors", pages 125, 126 and 127 of the 2007 Silver Beach Neighborhood Plan Update Process, attached as Exhibit C). In addition, 237 different people attended SBNA meetings between November, 2006 and September, 2007. These residents had the opportunity to provide in-put at various stages of the amendment process, and such in-put was actively solicited, reviewed and responded to by the Silver Beach plan amendment authors. This is reflected in Exhibit B, as well as the "SBNA September Open House Comments & Responses", and the "October & November 2007 Plan Comment & Responses", pages 9 through 51, and pages 111through124, of the 2007 Silver Beach Neighborhood Plan Update Process, attached hereto as Exhibits D and E, respectively.

In final draft, the "complete" Silver Beach Neighborhood Plan Amendment, dated October 11, 2007, reflected approximately 5000 hours of research, consultations, community outreach, education on relevant issues, drafting and revisions. In sum, the "complete" plan amendment complied with the requirements for updating a neighborhood plan under BMC Sec. 20.20.070, as documented in Exhibits B, C, D and E.

In contrast, the "official" Silver Beach Neighborhood Plan Amendment submitted by SBNA reflects only a small portion of the "complete" plan amendment action items. This discrepancy is the result of a policy adopted by the Board of Directors of the newly established SBNA. Under this policy, only those plan amendment action items approved by a majority vote of Silver Beach residents would be forwarded to the Planning Director for initiation. This policy was premised on the narve assumption that neighborhood residents would engage in the plan amendment process in good faith.

On October 11, 2007, a neighborhood vote was held on the "complete" Silver Beach Neighborhood Plan Amendment, which contained 128 action items. 191 residents attended the meeting and voted on the plan. 114 of these residents had never before attended a single prior SBNA meeting, claiming instead that they had not been provided notice of the on-going plan amendment process. This claim is clearly refuted by Letter of Intent for "Complete" SB Plan Amendment 3 evidence in Exhibit B, which establishes that Silver Beach residents were provided with actual and constructive knowledge of the plan amendment process.

Unfortunately, because these 114 residents represented more than 50% of the residents voting on the "complete" plan amendment, the majority of action items were defeated based on false and frivolous arguments. The true agenda of at least 3 9 of these residents is revealed through the fact that they voted against every single action item in the "complete" plan amendment. Some of the defeated action items attempted to prevent chemical contaminants from entering the lake; encourage public donations of land within the watershed for protection; provide educational programs and materials to those who live in or visit the watershed or boat on the lake, and enforce existing rules for the watershed.

The SBNA Board of Directors felt duty bound to adhere to its policy of forwarding for initiation only action items with a majority vote. Thus, they were rendered powerless in preventing a minority of Silver Beach residents, who failed to actually participate in the neighborhood plan amendment process, from sabotaging the majority of action items drafted by those residents who donated thousands of hours of work, and months of their time, to draft the "complete" plan amendment.

The "official" plan amendment is "official" in name only. The "official" plan amendment reflects the efforts of a small minority of Silver Beach residents who choose to derail the entire neighborhood plan amendment process as the quickest and simplest method to prevent initiation of action items they did support. Such conduct is not in the spirit of the neighborhood plan amendment process and, if not prevented in the future, could cripple the entire neighborhood planning program.

These facts indicate that only the "complete" Silver Beach Neighborhood Plan Amendment represents a consensus among those Silver Beach residents who choose to participate in an inclusive neighborhood plan amendment process, i.e., to collaborate, communicate, and compromise with fellow residents on issues they deemed most crucial for the neighborhood. Accordingly, the "complete" plan amendment reflects the true result of a neighborhood association operating pursuant to the requirements of BMC Sec. 20.20.070. Under these facts, it is appropriate for the Planning Director to initiate the "complete" plan amendment being submitted herein by petitioners.

The "Complete" Plan Amendment Is Consistent With Bellingham's Comprehensive Plan

The existing Silver Beach Neighborhood Plan pre-dates enactment of Bellingham' s Comprehensive Plan, and thus, fails to conform to its provisions. The "complete" plan amendment submitted herein was drafted with reference to the comprehensive plan, as reflected in its basic outline, which mirrors the basic structure of the comprehensive plan. Letter of Intent for "Complete" SB Plan Amendment 4

In particular, the "complete" plan amendment conforms to the framework goal set out in the comprehensive plan with regard to Lake Whatcom Reservoir. The "complete" plan amendment attempts to protect the quality of the water in the Lake Whatcom Reservoir to ensure the long-term sustainability of the Lake as a water reservoir, and to reduce any harmful development potential in the watershed. (See Bellingham Comprehensive Plan, Chapter I, Part 5, page F-13.) One of the primary goals of the "complete" plan amendment is to ensure that the public is educated regarding Bellingham's comprehensive plan watershed goals and that the policies already established within the watershed are enforced.

In addition, the "complete" plan amendment is in conformity with the policies established through the State Growth Management Act, Lake Whatcom Reservoir Ordinance, Revised (BMC Sec. 16.80), the Joint Lake Whatcom Watershed Agreement, the Lake Whatcom Management Program, and Bellingham's Lake Whatcom Watershed Property Acquisition Program. In sum, the "complete" plan amendment seeks to promote, at the most local level, the neighborhood level, the Lake Whatcom Reservoir goals that already exist at , county and city level.

The "Complete" Plan Amendment Does Not Significantly Reduce the Number of Housing Units in Silver Beach

The "complete" plan amendment acknowledges that there are about 86 empty single family lots available for development. (Exhibit A, page 5, first paragraph.) This exceeds the 67 minimum new housing units required in Silver Beach per the comprehensive plan, Table LU-!6c. As a result, the suggested down-zones recommended in the "complete" plan amendment (LUZA-2, 3), can be accomplished while still complying with the comprehensive plan. The suggested watershed building moratorium, (LUZA-1), does not significantly reduce the number of housing units since it is of a self-limiting time period, applicable only until water quality improves, which is, of course, an important city and county goal.

Finally, petitioners assert that, in recognition of Silver Beach's unique position as the only city neighborhood within the Lake Whatcom watershed, its plan amendment should be evaluated not only with regard to consistency with the comprehensive plan, but also with regard to consistency with the many above-referenced city, county and state policies and goals for protecting and improving water quality in the watershed. In addition, the plan amendment must also be evaluated with regard to conformity with federal law, particularly as the Lake Whatcom Reservoir is an impaired body of water and our city is currently awaiting the release of the state's TMDL report. Letter of Intent for "Complete" SB Plan Amendment 5

Conclusion

Accordingly, we, the undersigned residents of Silver Beach neighborhood, request that the Planning Director initiate the "complete" Silver Beach plan amendment, having established that it reflects the consensus of our neighborhood after a lengthy and thorough inclusive process, it conforms with the city's comprehensive plan and it does not significantly reduce the number of housing units available in Silver Beach.

Attachments: Exhibit A: "Complete" Silver Beach Neighborhood Plan Amendment 2007 Silver Beach Neighborhood Plan Update Process, attachment to the "official plan", consisting of pages 1 through 128: Exhibit B: Pages 1-8, discussing history of plan amendment process Exhibit C: Pages 125, 126 and 127, the plan amendment authors Exhibit D: Pages 9-51, "SBNA September Open House Comments & Responses", Exhibit E: Pages 111-124, "October & November 2007 Plan Comment & Responses" Letter of Intent for "Complete" SB Plan Amendment 6

Name: ______Address: ______Date: ______Signature: ______Name:. ______Address: ______Date:. ______Signature:. ______2007 Silver Beach Neighborhood Plan

Bellingham WA October 11, 2007

11/27/07 Introduction

Through this plan the Silver Beach Neighborhood Association hopes to guide the development and future changes that will occur within the Neighborhood during the next decade and beyond. The current neighborhood is the product of good planning and poor decisions, an eye to the future and a disregard for future generations, thoughtful programs and poor stewardship. In short, the neighborhood reflects the same challenges faced by any neighborhood, any city and any state. How much should government intervene in the affairs of its citizens and what is the government's obligation to future generations? It is the purpose of this plan to direct the city leaders in making well-informed decisions and wise policy so that the quality of life within the neighborhood and the city of Bellingham will not only stay the same but also improve. Our hope is that future generations whose parents have not yet been born will recognize the challenges their forbears overcame so they could enjoy a beautiful neighborhood alongside an unpolluted lake teeming with natural wildlife and vibrant forests.

This plan was developed by a group of committed neighborhood citizens who gathered information from a variety of sources, addressed perceived issues and aggressively solicited feedback from the neighborhood at large. (see Appendix 1 for notification and meeting record) The resulting document reflects the opinions of the majority of those neighborhood citizens who responded throughout this process. Opposing views have also been represented to the City to insure that everyone has been heard and provides our City leaders a sense of scale and proportion.

11/27/07 2 Chapter 1: Framework and Goals

Part 1 Vision Statement

Silver Beach 2020 .. .

The Silver Beach Neighborhood, a residential neighborhood in the Lake Whatcom watershed, is a model for lake preservation and rehabilitation. The neighborhood continues to be safe and secure. Silver Beach Elementary School remains an outstanding school that draws new families to the neighborhood. Each resident's home and property design standards and practices protect Lake Whatcom and preserve and enhance lake views. Lake Whatcom Reservoir is protected from contaminants as a result of proactive efforts of residents and the treatment of stormwater through filters, human practices, pet and wildlife management and road and trail designs. Green spaces are developed to the fullest potential with watershed preserves, parks, trails, and greenways. Trails, sidewalks, and streets are designed to support walking and bicycling within the neighborhood and connect with other Bellingham neighborhoods. Silver Beach is a beautiful and scenic place.

Part 2 Past and Present

The Silver Beach Neighborhood, one of 23 neighborhoods recognized by the city for planning purposes, is located at the eastern edge of Bellingham on the northwest end of the Lake Whatcom Reservoir. (see Map 1) Silver Beach was named and platted on May 23, 1890 by Edward F.G. Carlyon with Reginald Jones as his attorney. In 1908 Silver Beach was annexed by Bellingham. From its inception to the 1950's, Silver Beach's identity was intrinsically linked to several saw and shingle mills. The largest sawmill was the Larson mill, established in 1901 at the current site of the Bloedel Donovan Park. The mill was surrounded by the modest frame homes of the mill workers. The neighborhood was connected to Bellingham's center by electric trolley and railway lines. The Northern Pacific Railroad cut through the Silver Beach neighborhood, crossed part of the lake on a 1,500-foot trestle, and then followed what is now North Shore Drive to the south end of the lake.

Sewers were built in the 1960s. By the 1970's the saw and shingle mills were gone and the railway !reeks and trestle were gone, making the waterfront and surrounding hills prime view property.

From 1980s to 2000 Silver Beach became a scenic lakefront and lake view residential neighborhood with many parks, including Bloedel Donovan, a part of Whatcom Falls, and Big Rock Garden. Additional park property and watershed protection properties, which were purchased in the early 2000's, are located adjacent to Big Rock Garden and the Silver Beach School. By 2007, most of the platted residential lots were occupied.

The neighborhood occupies 3% of the Lake Whatcom watershed with eight percent of Lake Whatcom itself lying within Bellingham city limits. The neighborhood is 1125 acres in size, allocated as follows: ·

11/27/07 3 #of Acres % Residential (includes 273 acres of roads, sidewalks & driveways) 687 61

Lake Whatcom 344 31 Parks 65 6 City Watershed Protection Land 18 2 School 10 .9 Commercial 1 <.1

Silver Beach's population was 3,047 according to the 2000 US census, a density of 3 people per acre. This was 20% of the approximately 15,000 people who live in the Lake Whatcom Watershed. The neighborhood has grown since 2000 with continued development

Silver Beach Elementary School is the only school in the neighborhood and educates approximately 400 students. It has the lowest participation (17%) in the Free and Reduced Lunch Program in the Bellingham School District (May 2005) reflecting the neighborhood's relative wealth. The average program participation for Bellingham is 37%.

Community activism in Silver Beach has a long history beginning with the Silver Beach Mothers' 1 Club and Silver Beach Civic Improvement Association near the turn of the 20 " century. The residents of Silver Beach, concerned about a reputation as a mill town and host to the sometimes rowdy White City amusement park, petitioned the Bellingham School Board to build a substantial and permanent brick rather than wood frame school in 1911. The Silver Beach neighborhood was recognized in the Residential Land Use Plan of 1960. In 1980 the first neighborhood plan was adopted and a minor update of the 1980 plan was adopted in 2005.

Neighborhood Character

The most distinctive feature of the neighborhood is its proximity to Lake Whatcom. Surrounding the North basin, Silver Beach is the only Bellingham neighborhood to border the lake. The neighborhood extends to the top of Alabama and Barkley hills to the west and begins to climb Squalicum Mountain to the east It is a relatively hilly neighborhood with a mixture of green and developed spaces. Wonderful views of the lake and foothills add to the beauty and value of the neighborhood.

The neighborhood is also known for its safety. According to the City's Police web site approximately 2% of all the reportable crime within the city occurs within Silver Beach and less than 1% of all the calls occur here.

Silver Beach has a wide range of styles and sizes of single-family homes, having only three small sites with multi-residential units. Within the various sub-neighborhoods, the variety of housing styles varies from turn of the century, modest rural farm houses to mid-century suburban ranch and split level homes to premium traditional and contemporary homes occupying prime view and waterfront sites.

11/27/07 4 Development Patterns

Reviewing the Silver Beach Land Use draft, it appears that there are about 86 empty single-family lots available for development, or about 8% of the total 1034 lots. Teardowns are occurring, often affecting height and view corridors. Future multi-residential construction in three of the designated areas may create limited population growth, generally considered harmful to the health of the lake, along with height and view corridor issues.

Strengths and Weakness

The neighborhood's numerous acres of park, lakefront and watershed properties define its natural beauty and provide abundant recreational opportunities for City residents and visitors.

Like several other neighborhoods in the city, Silver Beach lacks a strong sense of community, which may be due to its sprawling nature and lack of a neighborhood center. It is recognized more for its location near the lake than its strong neighborhood identification.

Recent attempts to deal with stormwater pollution have been largely unsuccessful. While the city has attempted to address the problems created by stormwater runoff, water quality on the Lake continues to deteriorate. Many Silver Beach residents are trying to address this issue through improving home and yard design and maintenance. However, many others including residents outside the neighborhood continue practices that adversely affect the water quality of the Lake.

Part 3 Broad Goal Statements for the Future

With this plan and citizen action the residents of Silver Beach have an opportunity to protect and improve our neighborhood and its resources. Our primary goals as defined by this plan are:

Increase citizen stewardship of the Lake Whatcom Reservoir, Preserve existing lake views and trees for the residents, Silver Beach residents will become the environmental model for all Lake Whatcom watershed residents; and Enhance and promote the lakeside neighborhood's residential character.

11/27/07 5 0

Map 1. Silver Beach Neighborhood Base Map (City of Bellingham (COB) Planning Academy) 11/27/07 6 Chapter 2: Silver Beach Land Use and Zoning

Part 1. Area Descriptions

The Silver Beach neighborhood currently consists of eighteen 'Areas' that are diverse in their setting and uses. The following describes each of these Areas, their current uses, their current zoning designation as well as the current comprehensive plan designations that are in place. (see Maps 2, 3 & 4) These areas are further divided into sub-areas that designate additional land use limitations, but those are not discussed here.

Area 1 of the Silver Beach Neighborhood

Area 1 is bordered by the undeveloped portion of E. Oregon Street on the north, Academy Street on the south, Sylvan and Dakin Streets on the west and Martin Street on the east. This property is adjacent to Silver Beach Elementary School and Big Rock Park and has a number of trails and a large section of watershed preserve land. There are significant wetlands and the area supports a considerable variety of wildlife. There are no homes in Area 1 at the present time.

Despite the fact that there are currently no homes in Area 1, the zoning designation is Residential Single and the current comprehensive plan designation is Residential Single, Low Density. Low density means 5 or fewer homes per acres and a minimum lot size of 7,201 square feet.

Area 2 of the Silver Beach Neighborhood

This area is in public ownership and is the site of the Silver Beach Elementary School.

The current zoning and comprehensive plan designation is public.

Area 3 of the Silver Beach Neighborhood

This area is bordered on the north by the back of lots located on E. Oregon Street, on the south predominantly by Academy Street, on the east by Haggin Street and on the west by Martin Street. Additionally, it includes the lake front property along Northshore Drive from Academy Street south to the city limits. This area is an eclectic mix of lot size and housing types from cottages to large estate properties. Area 3 is extremely important to watershed issues due to its close proximity to the lake. There are currently 256 houses and 34 vacant lots in this area.

The current zoning is residential single while the current comprehensive plan designation is Residential Single, Medium Density. Medium Density means 6-12 homes per acre with lot sizes varying between 3600 square feet and 7200 square feet.

Area 4 of the Silver Beach Neighborhood

This area is bordered on the north by the back of lots located on E. Oregon Street, on the east by the city limits and on the west by Northshore Drive and Haggin Street. This area contains approximately 107 homes and 55 vacant lots. It appears that some of the larger lots could be further sub-divided. There is a diversity of land cover from forested to residential lawns. Most of the housing was built in the late 1990's and early 2000's, but a few original farmhouses still remain.

11/27/07 7 The current zoning designation is Residential Single and the current comprehensive plan designation is Residential Single, Low Density.

Area 5 of the Silver Beach Neighborhood

Area 5 is bordered on the north by a property boundary just south of Barkley Boulevard, Alabama Street on the south, Fir Street on the west and by portions of Dakin, Peters and Pullman Streets on the east. The area is mostly built out with approximately 156 homes and an estimated 1O vacant lots.

The current zoning designation is Residential Single and the Comprehensive Plan designation is Residential Single, Low Density.

Area 6 of Silver Beach Neighborhood

This area is bordered by Academy Street on the north and is adjacent to Lake Whatcom on the scuth from the corner of Alabama Street and Dakin Street to Poplar Drive on the East. There are 128 houses in this area and approximately 5 vacant lots. Thirty-one of the homes are located along the south side of Northshore Drive with direct shoreline access. Most homes in the area are one story built on a slope and have excellent views of the lake. This area also includes Silver Beach Community Church, which is located on Northshore Drive.

The current zoning designation is Residential Single and the current comprehensive plan designation is Residential Single, Medium Density.

Area 7 of Silver Beach Neighborhood

This is a small commercial area bordered on the north by residential property, the south by Northshore Drive, the east by Northshore Dr/Chautaqua Street and the west by Flint Street. There are three commercial buildings that house a mini-mart, the Lake Whatcom Center, various retail tenants and a dental clinic.

The current zoning designation is Neighborhood Commercial while the current comprehensive plan designation is Commercial. In that same plan it has been designated as Pocket Center, the smallest Urban Village designation within the city.

Area 8 of the Silver Beach Neighborhood

This area is bordered on the north by Northshore Drive, on the south and east by Lake Whatcom, and on the west by a residential property. Area 8 includes 47 condominiums, all with direct access to the Lake Whatcom shoreline. There are no vacant lots.

The current zoning designation is Residential Multi, and the current comprehensive plan designation is Residential Multi, High Density. High density means more than 12 homes per acre and lots sizes vary from 0 - 3599 square feet.

Area 9 of the Silver Beach Neighborhood

This area is directly west of Lake Whatcom, with Alabama Street the northern border, Fir Street the western border with the southern border dissecting Scudder Pond. The Lakeview Condominiums dominate the area, though there is also public and private open space and trails including a private lakeside dock and picnic area. There appears to be no vacant land for further development.

11/27/07 8 The current zoning and comprehensive plan designations are Residential Multi.

Area 10 of the Silver Beach Neighborhood

This is open space, parts of which are owned by the City of Bellingham and managed by its Parks & Recreation Department, and others owned and managed by the North Cascades Audubon Society. This area includes Scudder's Pond, Whatcom Creek, the lagoon that is the outlet for Lake Whatcom, the dam that regulates the height of the Lake plus hiking and biking trails. There are no buildings in Area 10.

The current zoning and comprehensive plan designations are Public.

Area 11 of the Silver Beach Neighborhood

This is a residential area along Electric Avenue that is roughly defined by Fraser Street on the south, on the west and Mill Wheel community on the east. The area includes 160 single-family homes, a low income housing apartment complex and approximately 4 vacant lots. Homes vary from older small homes on small to large lots, to a few newer large homes on large lots. Many homes border Whatcom Falls Park and Whatcom Creek.

The current zoning designation is Residential Single and the current comprehensive plan designation is Residential Single, Medium Density.

Area 12 of the Silver Beach Neighborhood

This is a public area known as Bloedel Donovan Park It is located between Electric Street and Lake Whatcom. It is a mixed-use park that includes facilities for swimming, boats, ball games and more. (See Parks, Recreation & Open Space section for more information.)

The current zoning and comprehensive plan designations are Public.

Area 13 of the Silver Beach Neighborhood

This area consists of Old Mill Village, an unnamed apartment complex, and Mill Wheel Community, a mobile home park. There are 288 dwelling units in this area, including 136 in Mill Wheel Community. There is a one-acre lot at the corner of Electric and Flynn that now has a small one­ story residence.

The current zoning designation is Planned Residential Multi and the current comprehensive plan is Residential Multi.

Area 14 of the Silver Beach Neighborhood

This area is bounded on the south by the City Limits, on the west by Decatur and Flynn Streets, on the north by Old Mill Village property and on the east by Lake Whatcom. There are 35 homes, eighteen that front Lake Whatcom. There are 10 vacant lots of which four are lakefront properties.

The current zoning designation is Residential Single and the current comprehensive plan designation is Residential Single, Medium Density.

11/27/07 9 Area 15 of the Silver Beach Neighborhood

This is a smaller residential area on the east side of Electric, south of Fraser and north of York. There are 19 homes with no vacant lots.

The current zoning designation is Residential Single and the current comprehensive plan designation is Residential Single, Low Density.

Area 16 of the Silver Beach neighborhood

This is the area of Big Rock Park. (See Parks, Recreation & Open Space section for more information.)

The current zoning and comprehensive plan designations are Public.

Area 17 of the Silver Beach Neighborhood

Area 17 is bordered on the north by Northridge Way, on the south by Barkley Boulevard, the east by Britton Road and the west by Westridge Place. There are approximately 102 houses and 1 vacant lot. Most houses are newer, having been built within the last 10-25 years.

The current zoning designation is Residential Single and the current comprehensive plan designation is Residential Single, Low Density.

Area 18 of the Silver Beach Neighborhood

Area 18 is bordered on the north by Barkley Boulevard, on the south by Area 3, on the east by Britton Road and the west by city property. There are approximately 76 houses with no vacant lots. This includes a small group of freestanding condominiums in the eastern portion.

Despite that fact that the existing land use is almost exclusively single-family homes, the current zoning designation is Planned Residential Multi and the current comprehensive plan is Residential Multi, Medium Density.

Part 3: Analysis and Objectives for Future Land Use

Analysis

The current zoning in the Silver Beach neighborhood has its strengths and weaknesses. While some of the current designations recognize and honor the neighborhood's residential character, they have also allowed for development and population increases that have had an adverse effect on the Lake Whatcom reservoir and watershed. These negative impacts must be reversed to provide a safe drinking water supply for the entire Bellingham community.

Objectives Land Use & Zoning Objective (LUZO) -1: Protect and enhance the Lake Whatcom watershed to protect our drinking water.

Part 4: Prioritized Implementation Strategy

11/27/07 10 The Silver Beach neighborhood requires standards of building and site design that enhance their surroundings, do not infringe upon existing private and public views, vistas and view corridors, do not negatively impact the resale value of existing homes and protect the drinking water supply. With that in mind the city should take the following actions: Land Use and Zoning Action (LUZA) - 1: Consider a building moratorium to limit further development in the Lake Whatcom Watershed until water quality improvements in Lake Whatcom are verified. LUZA - 2: Land use designations should be adjusted in areas where appropriate, including: Changing the designation of Areas 3, 6, 11 and 14 to Residential Single, Low Density, Changing the designation of Area 13 to limit further development Changing the designation on Section 18 to reflect current use and decrease density LUZA - 3: Due to the watershed location, wildlife, wetlands, trails and proximity to Big Rock Park and the Silver Beach School, further development in Area 1 should be prohibited. LUZA - 4: The City should continue and expand their program to purchase sensitive land areas in the Lake Whatcom watershed. In particular it should purchase the wetlands adjacent to Bloedel Donovan Park and located within Area 13. LUZA - 5: The zoning code should be updated to include landscape treatment adjacent to streams. All year around streams should have a buffer zone consistent with the Shoreline Master Plan. LUZA - 6: The neighborhoods of the city should work together to address the height restriction code and protect view corridors. LUZA - 7: Existing property owners on the lakeshore should be encouraged to participate in the stormwater retrofit program. LUZA - 8: All requests for building permits should include a landscaping plan that includes retaining as much nativ6 vegetation as possible. New plantings should be designed to protect existing views where possible~ LUZA - 9: Update the zoning code to include regulations regarding size of docks and other marine facilities. The size and number of these facilities should be reduced so as not to degrade the quality of the Lake. LUZA - 1 O: Encourage the continued use and expansion of the commercial facilities in Area 7 to provide a neighborhood retail center and community gathering area that is pedestrian friendly and helps eliminate car travel. The neighborhood would like to see expanded services such as a cafe, garden area, deli, etc. LUZA - 11: Create a Design Review process that will insure that the above standards are followed.

11/27/07 11 Map 2: Current Land Use (COB Planning Academy)

11/27/07 12 Map 3: Silver Beach Neighborhood Current Zoning (COB DPW)

11/27/07 13 Map 4. Silver Beach Neighborhood Current Comprehensive Plan Land Use Designation (ibid.)

11/27/07 14 Chapter 3: Transportation

Part 1: Existing Streets, Pedestrians and Bicycle Routes

The transportation network of the Silver Beach neighborhood consists of pathways of varying scale that have the primary purpose of moving people to and from their homes, greater Bellingham and the surrounding countryside. People move along these paths on foot, bikes, skateboards, scooters, and motorized vehicles. The purpose of this section is to summarize the existing network and direct future maintenance and development of this network. The city's current Transportation and Circulation map (Map 5) can be found at the end of this section.

Streets

The streets within the neighborhood vary in scale from secondary arterials, our largest, to alleys of one lane.

Secondary Arterial Streets

Our 'Secondary Arterial Streets' are: Electric, Alabama, Britton, Northshore, and Barkley.

Electric Avenue starts at Lakeway and ends at the intersection of Alabama Street and Northshore Drive. Acccrding to the city's 2005 traffic volumes study 10,200 vehicles travel on Electric over a 24-hour period, the heaviest in the Silver Beach neighborhood. The speed limit is 35 mph. There is also a high volume of bike and pedestrian traffic, both primarily located in the bike lanes, as sidewalks are rare.

Alabama Street ends where Electric Avenue beccmes Northshore. Alabama Street is only in Silver Beach Neighborhood for two blocks but carries 9,900 vehicles daily acccrding to the city's 2005 study.

Britton Road provides a link between Mt. Baker Highway and the neighborhood, crossing Barkley Boulevard and ending at Northshore Drive. The portion in the Silver Beach neighborhood is up to standards with bike lanes, sidewalks and a turning lane on to Barkley Avenue. Truck traffic from Britton to Northshore has been limited to local traffic.

Northshore Drive is the link between the residents of the neighborhood, those living in the county northeast of Lake Whatcom, and Bellingham proper. It also serves as the main link ccnnecting all of the other neighborhood seccndary arterials except Barkley. It is heavily traveled and traffic is on the increase as development occurs on Squalicum Mountain. The only commercially zoned property in the neighborhood is located on this street. Due to lack of adequate bike paths and sidewalks, vehicles, bikes, and pedestrians often ccmpete for the same space. Truck traffic from Britton to Northshore has been limited to local traffic. It is scheduled to be resurfaced and bike lanes and sidewalks are to be added from Alabama to the Britton intersection in 2008.

Barkley Boulevard is a main link for our neighborhood to Barkley Village, 1-5 and the northern neighborhoods of Bellingham. In addition to high vehicle use, walkers and bikers heavily use Barkley. It does have adequate bike lanes and sidewalks on one side. There is only one crosswalk between Britton Road and Barkley Village and that is located at Chandler Parkway.

Neighborhood Collectors

11/27/07 15 There are five streets that are designated 'Other Streets' by the city, but by virtue of the amount of use they experience they often serve as 'Collectors'. They are Silver Beach Avenue, Sylvan, Academy, Flynn and Lakeside. They also serve as heavily used pedestrian and bicycle routes.

Silver Beach Avenue is typical of the streets in its surrounding area. It is a fairly narrow paved street with open stormwater ditches on each side and no sidewalk. It has become a part of wr A's bus routes 340 & 341, connecting Northshore Drive to Alabama Street. It also has become a short cut for some drivers following the same route.

Sylvan Street from Silver Beach Avenue to Alabama is now part of the same wr A bus route increasing the traffic on the street while increasing the accessibility to bus ridership.

Academy Street is a narrow street with few improvements. On the west side of the lake it provides access from Northshore Drive to the Silver Beach Elementary School. Traffic is heaviest during peak school delivery and pick up times. Academy Street on the east side of the lake from Northshore to Toad Lake Road is heavily traveled due to development on Squalicum Mountain.

Flynn and Lakeside Streets act as one street. They are narrow and windy and have several blind corners. Due to recent development there is increased vehicle, pedestrian and bike traffic on these streets, adding to confticts between these modes of transportation.

Other Streets

The remaining streets in our neighborhood are solely for access to our homes and are designated as 'Other Streets' by the city. These streets fall into three groups.

First, the streets in the newer developments have paved streets, sidewalks on at least one side and under street stormwater drainage running into a treatment system. These developments are characterized by limited access and no through streets. Examples: Springland Lane, North and South Grace, and Northridge.

Second are the streets in newer developments that are paved, have at least one sidewalk, and storm drainage, but have the potential or are in the process of becoming through streets. This includes Haggin, Huntington, Shepardson and similar streets.

Third are the streets in the older areas that developed over a long period by individual owners. These areas developed in an organic, piecemeal manner. They are characterized by varying widths of paved or unpaved surfaces, open stormwater drainage, and intermittent or no sidewalks. These streets mingle all modes of transportation on the same pathway.

Other Pathways

There are many other pathways and connections within Silver Beach Neighborhood and between the neighborhood and Bellingham. Some of the paths are official, e.g. the dedicated alleys and the path from Big Rock Garden to Silver Beach Elementary School, while others are informal and created as needed by the residents to get from one place to the other

Alleys: Dedicated alleys are primarily located in the sections of the neighborhood that have been developed the longest. They are most commonly used for automobile access to the garages or backs of homes.

Bikeways: There are a variety of bikeways within the neighborhood. They range from established bike lanes on the larger streets such as Barkley, Electric and Alabama, to informal, but well used

11/27/07 16 routes along the 'Other Streets' in the neighborhood. Additionally the trails through the green zones of the neighborhood serve as mountain bike pathways.

Trails: Silver Beach neighborhood has a fine tapestry of trails that convey people through and around the neighborhood. They also provide road access to the rest of Bellingham. The most apparent and established are the trails that lead into Scudder Pond and Whatcom Falls Park, the trail from Silver Beach Elementary School to Big Rock Garden, and the less developed Klipsun trail on the north side of the watershed management area. There are many other ad hoc trails throughout this area.

Crosswalks: Perhaps due to the original informal development of the Silver Beach Neighborhood, crosswalks are few and far between. The only crosswalks that exist are at the corners of Alabama St and Northshore, Britton and Northshore, and Britton and Barkley Blvd.

WT A: Whatcom Transit Authority 0PJTA) provides bus service in the neighborhood via Routes 340 and 341, which connect the neighborhood with downtown and the rest of the WTA system. These routes run hourly on the same loop from the downtown Bellingham station through Silver Beach Neighborhood but in opposite directions. There are approximately 8 bus stops in either direction. The routes currently run along Britton Road, Northshore Dr.. Silver Beach Ave. and Sylvan St Routes 11 & 12 currently offer 30-minute and 1-hour service but are one block outside of the neighborhood on Electric Ave.

Part 2: Analysis and Objectives for Transportation

Analysis

While the existing transportation pathways within the neighborhood serve its residents fairly well, the large increase in development in and around Bellingham and the pressing need to improve the water quality of the Lake Whatcom Reservoir present challenges that need to be addressed.

Most of the current road and walkway designs are not environmentally friendly and actually contribute to the increasing pollutant load in Lake Whatcom. Future road development and redevelopment provide unique opportunities to significantly reduce adverse water quality impacts. Many of the smaller, less traveled older roads are in need of updates, either to handle the additional traffic or to address the problems that are caused by stormwater runoff.

Trees play an important role in both the visual and environmental quality of Silver Beach. Several street trees have died, including many along Barkley Blvd, decreasing their effectiveness in treating stormwater runoff and cooling as well as the visual quality of the roadways.

The increased traffic loads and combination of users have created areas of conflict. The surfaces and designs of some of the roads, especially the most heavily used roads, e.g. Northshore and Electric, are not adequate to handle these loads and mix of users. Improvement is needed quickly to remedy these conflicts.

Access to and from the commercial parking areas to the most heavily used streets is cumbersome and often dangerous

The residential character of the neighborhood is one of its strengths and the relatively narrow streets and limited access to them has helped to maintain that character The small number of through streets has also helped to maintain that character Recent extensions of previous dead-end residential streets have created through streets that have become raceways for automobiles. This has happened to Haggin and could happen to others such as Huntington and Shepardson.

11/27/07 17 The formal trails throughout the neighborhood are a valuable asset and ad.d to its livability. The informal trails, especially through the Watershed Management Areas, in some instances, actually add to the watershed problems.

Public transportation in the neighborhood exists, but its limited nature does not encourage ridership. The current routes do not allow for direct and easy access to the Barkley Village area, the neighborhood's primary commercial district. The section of the neighborhood south of Alabama St. is not served by any route, thereby limiting those residents' access to downtown and the rest of the WTA system. Interestingly, this is the area of the neighborhood that contains greatest number of multi-family housing units.

Objectives

Transportation Objective (TO) - 1: Maintain the residential character and scale of our streets. TO - 2: Promote and improve safety between the varying means of transportation. TO - 3: Rebuild the streets in our neighborhood to treat stormwater runoff before it enters the lake. TO - 4: Recognize the value of street trees for aesthetic and stormwater runoff treatment purposes by developing a palate of planting materials to be used as such in the Silver Beach Neighborhood. TO - 5: Accommodate the multimodal transportation needs of our mutigenerational residents. TO - 6: Where watershed friendly, further develop pedestrian paths that link the various areas within our neighborhood. TO - 7: Develop 'safe routes' to Silver Beach Elementary School. TO - 8: Improve access to public transportation for all residents of the neighborhood.

Part 3: Prioritized Implementation Strategy

In order for the City to accomplish the objectives in this plan they must implement new tools and increase the use of successful existing strategies.

Transportation Action (TA) -1: The City should adopt 'Green Street' (see Appendix 3) criteria and techniques when redoing and maintaining the streets in the Silver Beach Neighborhood. This approach addresses the issues unique to our neighborhood - assuring that the scale of our streets remain residential and that runoff will be treated using basic natural methods within the street' right-of-way which will negate the need of large capital intensive, experimental filtering vaults. Green streets criteria and techniques also address safety and multimodal issues of our streets. The Silver Beach Neighborhood and the city need to work together to address the streets in areas 3,4,5 6, 11 and 15 that are prime candidates for green street projects. Silver Beach Avenue from Northshore to Sylvan would fall into this group and would be an excellent model project. TA - 2: Install crosswalks on Barkley Blvd, Britton and Northshore, and Electric Ave. to improve pedestrian safety. People, especially the young and the elderly, need to cross these busy streets to get to school, to catch a bus or for many other reasons. TA - 3: Resurface and improve Northshore Drive to better accommodate all modes of traffic and improve stormwater runoff treatment. The design includes a bike lane in each direction

11/27/07 18 and a sidewalk on the north/west side of the street. This project is currently scheduled for 2008 and should not be delayed for any reason. TA - 4: Resurface and improve the design of Electric Avenue. A sidewalk should be included on at least one side to provide separate and safer lanes of travel for pedestrians and bicyclists. TA - 5: In concert with WTA develop a local loop shuttle bus service that facilitates easy access to Barkley Village and the Sunset Mall for residents of Silver Beach Neighborhood. Additionally, improve access for those residents who live south of Alabama by relocating at least one route so it travels on Electric. TA - 6: The project planned to connect Big Rock Garden, the Silver Beach Elementary School and the Klipsun trail is an important link that warrants immediate attention. This would provide a pathway system around the watershed management area connecting the residential areas on either side and allow the center of the area to be returned to its natural state. This also provides safe routes to Silver Beach Elementary School. TA - 7: Northshore from Britton southeast to the city's border will be upgraded up to the standards of the other secondary arterials in Silver Beach neighborhood. This is both a watershed quality and safety issue. TA - 8: Academy on both sides of the lake will be upgraded for safety reasons. The road is heavily traveled and in both cases the intersections of Northshore and Academy have poor sight lines. TA - 9: Any city plans, maps or other documents for residential streets in the Silver Beach Neighborhood that are currently not through streets but are shown or referred to as becoming through streets must be voided. Any further consideration of them as through streets needs to start at square one with the public process. A traffic circle with a rain garden should be considered to slow traffic on Haggin and break up the long straightaway. TA - 1 O: Existing alleys need to be evaluated and improved when possible. With little work some may provide opportunities as alternative, and safer, bicycle or pedestrian pathways through the neighborhood. They should also be evaluated with regard to their contribution to stormwater runoff and improved if necessary.

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11/27/07 20 Chapter 4: Housing

Silver Beach is primarily a single-family residential neighborhood. There are few employers in the neighborhood and only a small amount of land is used for commercial or education purposes.

Part 1 Existing Stock

According to the 2003 City of Bellingham census there were are 948 single-family homes and 522 multifamily units, for a total of 1,470 housing units located in the neighborhood, approximately 5% of the housing units in Bellingham. There has been significant growth since this time with the construction of several single-family homes being built since 2003. While 50% of the housing units in Bellingham are multifamily, only 35% of those in Silver Beach are.

The city has stated in its 2006 Comprehensive Plan that the neighborhood should have an additional 67 housing units and 172 new residents to meet its share of the city's in-fill requirements. That number is less than 2% of the total requirements for all city neighborhoods, reflecting the limits on new construction within the Lake Whatcom Watershed.

The number of single-family homes also represents approximatlely15% of the 6,500 single-family homes located in the Lake Whatcom Watershed. (COB Lake Report 2007).

The single-family home average assessment was $116,062 in 2003, which ranked 6th out of Bellingham's 22 neighborhoods. (2003 census). The average sale price of a single family home in the Bellingham area since that time has increased 60%. (Whatcom County Real Estate Research Reports, 2004-2006) It is likely that the home values in Silver Beach have experienced a similar increase. The styles of homes vary widely from new, expensive, multistory lakefront homes to small, one-story older homes. The lot sizes vary from newer lots as small as 1/10 of an acre to several acre lots where typically older homes are located.

The Bellingham Housing Authority has approximately 1800 Section 8 housing clients; few are located in the Silver Beach Neighborhood. (Phone interview, Bellingham Housing Authority, 9/4/2007) While there are approximately 530 public housing units in the city, there are approximately 30 public housing units within the neighborhood. (ibid)

Part 2 Analysis and Objectives for Housing

Analysis Silver Beach's residential nature is fairly homogeneous, the vast majority of homes being single­ family though there are a wide variety of home styles and values. Due to the limited number of bL•ildable lots, especially along the lake, smaller homes are sometimes demolished and replaced with newer, often large homes. It is likely that this will continue to happen if permitted.

The neighborhood has approximately 5% of the city's public housing units, which reflects the percentage of the city's population that lives in Silver Beach.

Objectives Housing Objective (HO)- 1: Maintain the residential character of the neighborhood. HO - 2: Protect and improve property values within the neighborhood. HO - 3: Ensure the neighborhood's share of affordable housing opportunities through support of both public and private programs.

11/27/07 21 Part 3 Prioritized Implementation Strategy

Housing Action (HA) 1: HA2:

11/27/07 22 Chapter 5: Capital Facilities

Part 1 Existing Facilities

There are three public capital facilities in the Silver Beach Neighborhood. They include the Silver Beach Elementary School, the Bloedel Donovan Park, and the Dakin Water Storage Facility.

The Silver Beach Elementary School is located northeast of the lake on Academy Drive. It is situated on approximately 10 acres of and housed in two buildings totaling approximately 48,000 square feet. It is administered by the Bellingham School District and educates approximately 400 students. Large areas of pavement surround the school and the design of the larger building is reflective of the 1970's when it was built. It is available for rental, but is rarely rented other than the daily use by the YMCA for its before and after-school programs. The facility and grounds have large areas of impervious surfaces.

The Bloedel Donovan Park Facilities are located within the Bloedel Donovan Park and are managed by the City's Parks and Recreation Department. These facilities are discussed further in 'Chapter 9: Parks and Open Space"

The Dakin Water Storage Facility is located in the northwest area of the neighborhood at the end of Balsam Lane, adjacent to Big Rock Park. It consists of 2 large storage tanks and provides potable water to the households in the northeast area of Bellingham. It is surrounded by Watershed Management Property.

Part 2: Analysis and objectives for Public Facilities

All three facilities play a vital role in our neighborhood. The school not only provides educational opportunities for the community, but its facilities provide a gathering space for neighborhood groups and before and after-school programs. It is centrally located and as such keeps the distance the children need to travel to school to a minimum. Its presence helps to sustain the multigenerational character of our neighborhood.

While Bloedel Donovan Park is addressed primarily in the park section it should be mentioned here that its buildings and outdoor facilities not only provide meeting and recreational opportunities for the neighborhood, but for the city as a whole. Their importance in the community's fabric should not be underestimated.

The water storage facility is part of the City's Water Department and plays a vital role in providing safe drinking water for the community. Protection of and ongoing maintenance of the facilities and the site are worthy of attention.

Objectives

Capital Facilities Objective (CFO) - 1: Ensure that the elementary school remains in the neighborhood. CFO - 2: As capital facilities in Silver Beach are updated or renovated their use should stay compatible with our residential character and their design should support improvement of the watershed and reservoir.

Part 3: Prioritized Implementation Strategy

11/27/07 23 Actions Capital Facilities Action (CFA) -1: The City, Bellingham school district and Silver Beach neighborhood should develop a communication plan and process that allows early neighborhood involvement when updating or changing public facilities in the neighborhood CFA- 2: The city and Silver Beach neighborhood will jointly explore the feasibility, vision and funding of Bloedel Donovan park as a centerpiece of Lake Whatcom and a demonstration project for watershed management best practices. CFA- 3: The grounds of the Elementary School have large areas of impervious surfaces, which in any future remodels should be designed to treat runoff on-site before it reaches the lake.

11/27/07 24 Chapter 6: Utilities and Services

Part 1 Existing Facilities and Services

Silver Beach Neighborhood is served by private utility companies that provide electricity (residential and commercial lines), natural gas, cable TV, satellite TV, telephone (via land lines), cellular telephone, and waste pick up (solid, recycle, yard and edible). These private companies pay a franchise fee to the city and the city also levies taxes on these services.

The city also provides water, sewer, stormwater control, street sweeping, police, fire, medical response, emergency services, and litter control. The closest city fire and medic station is located or1 Yew Street within minutes of most Silver Beach residences. A neighborhood police sergeant is assigned to the Silver Beach neighborhood and the neighborhood is routinely patrolled. Response times for police assistance have increased in the past several years, particularly during night hours. However, crimes statistics show that Silver Beach has a relatively low occurrence of crime with property crimes being the largest component. The city has installed fiber optic lines along Barkley for its own use.

Lake Whatcom is the source water for our drinking water and the preservation and protection of this resource is covered in Section 9 of this neighborhood plan.

Part 2 Analysis and Objectives for Utilities and Services

Analysis

In general the private and public sectors do a good job of providing the neighborhood with adequate utilities and services.

The fees and taxes levied on the private providers are currently retained by the city for general fund uses. Allocating a portion of those funds to the neighborhoods would provide a source of money that the neighborhood could use to mitigate the impact of these utilities.

Timely and comprehensive advance notification of proposed projects and maintenance work within the neighborhood has not been provided in the recent past, resulting in strained relationships between the City, private providers and the neighbors. Advance and clear communications are crucial to maintaining a cooperative atmosphere between the neighborhood and those that provide utilities to its residents.

In identifying remediation needs, the city, Silver Beach neighborhood and the utilities should began timely dialogue on how best to fit these utilities into the neighborhood so that services are provided with a minimal impact to the neighborhood.

Objectives Utilities and Services Objective (US0)-1: A portion of franchise fees and taxes levied on public utilities should be returned to the neighborhood to mitigate the impact of these utilities on the neighborhood. US0-2: Communications between the city utility and service departments, the private utility providers, and the residents of the neighborhood should be improved to maintain, if not increase the safety of the neighborhood.

11/27/07 25 Part 3 Prioritized Implementation Strategy Utilities and Services Action (USA) -1: The city should create a long term utility remediation fund to cover costs associated with burying cables, power and telephone lines, restoring trees to streets and removing unneeded structures. USA - 2: An annual neighborhood review meeting that highlights achievements, lists current and future priorities, evaluates problems and provides recommendations should be' presented by all city and private utility providers to the Silver Beach Neighborhood. USA - 3: The Silver Beach Neighborhood Association should work to expand the Block Watch Program throughout the Neighborhood. USA - 4: The police should patrol Bloedel Donovan Park and surrounding play areas nightly (particularly in the summer months) to insure noise ordinance compliance. USA - 5: The city should provide emergency response training to the neighborhood on an annual basis. USA - 6: A transparent, concise communication process that all utility providers would use should be developed by the city in conjunction with MNAC.

11/27/07 26 Chapter 7: Neighborhood Design

11/27/07 27 Chapter 8: Parks. Recreation & Open Space

Parks and Open Space play a vital role in the Silver Beach neighborhood. This plan encourages multiple uses of our parks and trail system, providing opportunities for people to interact with and enjoy our unique natural assets in a manner that is conducive to responsible watershed management and considerate of other users.

Part 1: Existing Parks & Natural Areas

Parks

Bloedel Donovan Park - #1 on Map 6

2214 Electric Street Bellingham, WA 98226

Current Hours: Daily dawn to dusk

Ownership/Maintenance: City of Bellingham Parks & Recreation Dept.

Current Pet Ordinance: The park is designated an off leash park during daylight hours from October 1st to April 30~ and until 10:00 am from May 1 to Sept. 30. The beach area is open for pet water exercise area during this time

Uses: Bloedel Donovan Park includes a boat launch to Lake Whatcom for power boats, a hand­ carry launch for kayaks and canoes, access to fishing, a public swimming area, a children's play area, a volleyball court, a basketball court, an open ball field, an off leash area for dogs (limited hours), picnic tables, a train engine on display and buildings available for public use and rental including a 4,368 sq ft gymnasium with seating for 200 people and a kitchen, and a 700 sq ft. pavilion with seating for 50 and a kitchen. Swimming in the park is unsupervised.

On site stormwater treatment: Two rain gardens and 2 media filter cartridge systems treat the 2.7 acre parking lot

Bellingham Parks Department Future Plans: A demonstration rain garden with native species will be completed this year. The city may provide additional fishing, swimming and kayak access to the North end of Lake Whatcom (2002 Park, Recreation and Open Space plan p.183). A crew facility may be developed to create a kayak and canoe center at the former powerboat launch ramp when power boating is no longer viable on Lake Whatcom. (2002 Park, Recreation and Open Space Plan, p. 189).

11/27/07 28 Map 6. Parks and Open Spaces in Silver Beach Neighborhood

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11/27/07 29 Scudder Pond - #2

Electric & Alabama Bellingham, WA 98226

Current Hours: Daily dawn to dusk

Ownership/Maintenance: North Cascade Audubon Society/volunteer maintenance. Bellingham Parks and Recreation Department maintains the trails.

Current Pet Ordinance: Pets must be on leash. No pets in pond.

Uses: This 2.8 acre park is unique in that is was gifted to the North Cascade Audubon Society in 1987 and has been managed as a wildlife preserve by the Society since. Interpretive signs were added in 2001. The park is home to Virginia rails, red-winged blackbirds, mallards, bufflehead, wood ducks and great blue heron. The Scudder Pond trail connects to Whatcom Falls trails and interurban trail system. Water entering the pond is a combination of surface runoff from the Alabama Hill Neighborhood and the city storm drainage system. It is important for aquifer recharge and flood water retention. Cattails and other aquatic plants improve water quality by providing a natural sediment filtration system.

Whatcom Falls Park - #3 1401 Electric Ave. Bellingham, WA 98226

Current Hours: Daily dawn to dusk

Ownership/Maintenance: City of Bellingham Parks & Recreation Dept.

Current Pet Ordinance: Pets must be on leash in the park except along the Waterline Trail (south of Whatcom Creek) west of the Water Treatment Plant to Bayview Cemetery and along the trail from the Waterline Trail south to Lakeway Drive, east of the Cemetery.

Uses: Whatcom Falls Park is comprised of 251 acres surrounding Whatcom Creek. The park trail system connects to the Whatcom Creek Trail and Railroad Trail in several places throughout the park. Access to the park trail system is invaluable to the Silver Beach Neighborhood. The park is also the home to a 1939 bridge, built with Chuckanut sandstone as part of a Roosevelt Works Progress Administration project.

The park includes a stocked fishing pond for children 14 and under, and is home to multiple athletic fields and picnic areas, a 1,344 sq ft shelter with seating for up to 72, an 800 sq ft shelter seating 24, two playgrounds for children, tennis courts and a Washington State Department of Fish and Wildlife trout hatchery. Swimming in the park is unsupervised.

11/27/07 30 Big Rock Garden - #4 2900 Sylvan Street Bellingham, WA 98226

Current Hours: Daily dawn to dusk

Ownership/Maintenance: City of Bellingham Parks & Recreation Dept.

Current Pet Ordinance: No pets are allowed in the gardens. They are allowed on-leash in the adjacent open space.

Uses: This 2.5-acre park and adjacent 9.5 acre natural area overlook Lake Whatcom. The garden houses 35 permanent sculptures created by local and international artists. Big Rock Garden holds an annual International Sculpture Exhibit that runs May through September featuring 10-20 selected pieces from a variety of accomplished sculptors. In addition to sculptures, the park contains native and ornamental plants, trees and shrubs.

Bellingham Parks Department Future Plans: A master plan for the improvements to the garden area includes improved accessibility, expansion of art display areas, improved parking, new fencing and entry.

Open Space

Connecticut Street-end - #5

Ownership/Maintenance: Street Right of Way. Neighbors maintain the informal trail.

This location provides public access from the street end to Lake Whatcom.

Silver Shores - #6

11/27/07 31 Ownership/Maintenance: PRIVATE.

Private access on Northshore Drive near Silvern Lane is provided to Lake Whatcom for homeowners of Silver Shores development.

Lake Whatcom Beach Site - #7

Ownership/Maintenance: Bellingham Parks and Recreation manages this site through a lease agreement with the Washington Department of Natural Resources (DNR). The land is owned by DNR.

This beach site is is located off Northshore Drive between Silvern and Maynard and provides unsupervised freshwater swimming access, picnic tables and fishing access to Lake Whatcom.

Maynard Place Beach - #8

Ownership/Maintenance: PRIVATE

This privately owned access is located on Northshore Drive near Maynard Place and provides access for Maynard Place homeowners.

Donald A venue Street-end - #9

Ownership/Maintenance: City of Bellingham This location provides public access from the end of Donald Street to Lake Whatcom.

Watershed Protection Management Areas

11/27/07 32 Ownership/Management: City of Bellingham, Department of Public Works.

Property that has been acquired as part of the Lake Whatcom Watershed Protection process is located throughout the neighborhood. The largest parcel (#10) is located north of Silver Beach Elementary School. The property acquisition program began in the early 2000's and will continue to play a major role in the city's role in protecting the watershed.

Part 2: Analysis & Objectives for Parks, Recreation and Open Space

Analysis

Bloedel Donovan is a focal point for our neighborhood and has the greatest opportunity for enhancement of all our neighborhood parks. The buildings have received minimal investment recently and would benefit from improvements. Management of the park and future improvements should be consistent with the residential nature of our neighborhood and responsible watershed practices. Improved management of the boat launch could serve to better protect the Lake Whatcom Reservoir. Bloedel Donovan is a high use facility with significant impact on the lake. Silver Beach and Bellingham residents enjoy this park and value the trail connections available here. There is tension between dog owners and parents/grandparents of children who use Bloedel Donovan. The benefit of allowing dogs off leash is that the Canada goose population is reduced with the presence of dogs. However, many residents have health concerns about pet waste on the beach and in the children's play area. Residents complain that dogs are allowed off-leash throughout the day, even in the summer months when the posted hours are from 6 a.m. to 10 a.m. This may be due to confusion, as the off- leash information on dates and hours is inconsistent between the ordinance, the signs in the parks and information listed on various web sites. In addition, while most signs in the park list the summer off-leash hours as 6 a.m. to 10 a.m., the main entrance off Electric Avenue lists off-leash hours as 6 a.m. to 10 p.m.

Additionally, many parents and grandparents have expressed concerns about the removal of lifeguards in the swimming area. The need for a lifeguard is also addressed in Chapter 9, Lake Whatcom, VI. Recreation. Silver Beach and Bellingham residents also enjoy Scudder Pond as a park and use it to access Whatcom Falls Park on a regular basis. It provides a unique educational opportunity regarding stormwater runoff and marsh habitat for the neighborhood as well as visitors.

The Lake Whatcom Beach Site is heavily polluted and is another location that would benefit from improvements. Parents have expressed safety concerns about the high level of E.coli present at this site

None of the street-end sites have safe pedestrian crossings or clear signage for pedestrians and boaters. These sites are also poorly maintained and in some cases, adjacent property owners are using the public property for personal use. Neighborhood safety would be greatly increased with the addition small-scale residential pedestrian and bicycle access points, clear signage for pedestrians and boaters and regular cleaning and maintenance.

The Watershed Management green area is a great natural asset within our community. This type of land is vital to maintaining a healthy watershed. There is growing concern that inappropriate uses of this area are contributing to sediment runoff. Any activity in this area should be conducive to responsible watershed management. There is current discussion of constructing one formal trail route and eliminating all other informal trails.

11/27/07 33 By investing in the preservation and improvement of these natural assets, we hope to encourage multiple uses of our parks and trail system, providing opportunities for people to interact with and enjoy our unique environment in a manner that is conducive to responsible watershed management and considerate of other users.

Objectives Parks, Recreations & Open Spaces Objective (PROSO) - 1: Ensure that future generations will be able to continue to enjoy these valuable public spaces. PROSO - 2: Ensure that improvements are consistent with the residential nature of our neighborhood PROSO - 3: Ensure that these resources become models for responsible stewardship. PROSO - 4: Provide for safer access to and from all public recreation sites in the neighborhood. PROSO - 5: Continue to improve programs to encourage consideration among multiple users these unique natural assets

Part 3 Prioritized Implementation Strategy

Parks Recreation & Open Space Action (PROSA) - 1: Existing buildings at Bloedel Donovan Park should be scheduled for major remodel work or rework in the near future. Future improvements should consider making the buildings LEED compliant (or other comparable program) serving as a model of appropriate watershed construction within the community. The site should be considered for a watershed education center. PROSA - 2: Develop signage throughout parks and trails to indicate this area is a sensitive watershed management area. PROSA - 3: Develop educational outreach pamphlets to be distributed throughout the neighborhood that promote responsible use of this natural asset. PROSA - 4: Work with DNR to develop a rehabilitation plan for the Lake Whatcom Beach site located on Northshore betWeen Silvern and Maynard. Signage should be placed on site to warn swimmers that this site is polluted due to high levels of E.coli and fecal coliforms. PROSA - 5: Safe, small-scale pedestrian and bicycle access should be developed at each of the public Open Space site listed above. Clear signage that is visible to both land and lake users should be included. Consistent fencing, gates and signage should be installed to clearly identify these sites. PROSA - 6: The boat launch should be monitored during seasonal peak use to keep park activities consistent with the residential character of our neighborhood and responsible watershed management practices (no refilling gas or oil at the boat launch, etc.). Enforce existing boat launch hours of dawn to dusk. PROSA - 7: The city has over 70 pieces of public art on display, but none at Bloedel Donovan. Periodically, the Art Commission has funding available for public art in high traffic areas. There is an opportunity at Bloedel Donovan to use public art to improve the aesthetics of the site. Consider working with the Art Commission to install a sculpture or mural at this site. PROSA - 8: The City should recognize that the primary users of the Bloedel Donovan play and swimming area in the summer season are human, while recognizing the value of dogs in

11/27/07 34 reducing the Canada Goose population. Clear off-leash dates and hours should be established and posted consistently in city literature and park signage (current signs and literature provide conflicting dates and times). The off leash times allowed in the pet ordinance should be consistent with seasonal use of the park. To address concerns of dog owners and parents, consider ordinance revision allowing year round off-leash activity in the grass and beach area to the east of the buildings at Bloedel Donovan Park while reserving the play area and swimming area north and west of the buildings only for human use during summer months. PROSA - 9: The city should install signs with the Trail Etiquette Guidelines in support of an educational outreach process (see Appendix 3). PROSA-10: Lighting in public areas around the lake should be hooded to minimize light pollution.

11/27/07 35 Chapter 9: Lake Whatcom

Silver Beach Neighborhood's location within the Lake Whatcom Reservoir Watershed and adjacent to the Lake itself are unique within Bellingham. This location demands that this plan address issues pertinent to the care of the reservoir and the protection of the drinking water source for the citizens of Bellingham and surrounding areas. The following topics are being addressed for that purpose:

Part I: Pure Drinking Water

Pure drinking water is essential to the health of a community and its residents. The fact that Lake Whatcom is the reservoir that provides the drinking water for Bellingham and sections of the county demands that action be taken to continually improve the quality of its waters. Ideally the water would no longer require chlorination of Bellingham's drinking water. It is important that the city cooperate with the county and other governments to facilitate the management of Lake Whatcom Reservoir, its watersheds and the drinking water treatment facilities associated with them. For background information on this section see Appendix 6.

Objectives Lake Whatcom Pure Drinking Water Objective (LWPDWO) - 1: Stop human caused pollution from entering Lake Whatcom Reservoir. In particular, reduce the impact of fossil fuels on the Reservoir and aim for a "fossil fuel free reservoir." LWPDWO- 2: Reverse the deterioration of our drinking water reservoir. LWPDWO -3: Reduce the impact of burning on the Reservoir's water quality. LWPDWO -4: Reduce the Reservoir's pollution attributable to pets and Canada geese. LWPDWO - 5: Place the control of the Reservoir, its watersheds and the drinking water treatment facilities under a single government entity.

Actions Lake Whatcom Pure Drinking Water Action (LWPDWA) -1: Create a city department to be responsible for the Lake Whatcom Reservoir, its watersheds and associated drinking water treatment facilities. Pending creation of this department, all jurisdictions shall establish and implement the same regulations pertaining to the Reservoir, its watershed and associated drinking water treatment facilities; a single individual should coordinate these regulations. LWPDWA - 2: Determine the pathways by which benzene enters the Reservoir and determine procedures to interrupt these pathways. LWPDWA - 3: Establish a program that requires an annual inspection and permit for any fossil fueled vessel to operate on Lake Whatcom Reservoir. Permitted vessels shall prominently display a permit sticker when on the Reservoir or when entering or leaving the Reservoir. Fees collected by this program shall be used to enforce the program and monitor the effect of fossil fueled vessels on the Reservoir. LWPDWA - 4: Prohibit fueling of boats at public boat launches on the Reservoir- this would include all of Bloedel Donavan Park - and on roads within 1,000 feet of a launch site. LWPDWA - 5: Only permit fuel tanks that attach directly to engines on the Reservoir; prohibit all other fuel containers from use on Lake Whatcom. LWPDWA - 6: Exclude all carbureted two cycle engines from Lake Whatcom Reservoir.

11/27/07 36 LWPDWA - 7: Require that the few remaining septic systems within Bellingham's city limits be connected to the sewer system. LWPDWA - 8: Lift the Sudden Valley golf course's exemption from the phosphorus fertilizer ban in the watershed. Examine and implement ways in which the Sudden Valley golf course may be managed to reduce or eliminate the use of all fertilizer. LWPDWA - 9: Require chipping and ban burning of material left over alter any form of land clearing. LWPDWA -10: Require that wood burning stoves meet EPA criteria for smoke emissions and work to upgrade stoves already in use which do not meet these criteria. LWPDWA - 11: Ban the use of fireworks inside the watershed. LWPDWA -12: Study and implement methods of reducing the Canada goose population in the Lake Whatcom watershed. This would include discouraging the planting of grass adjacent to water frequented by Canada geese and promote alternatives to lawn in areas where geese are known to feed or nest. LWPDWA -13: Determine the deleterious impact of unused pilings in and near the Reservoir. Prepare and implement a plan to remove unused pilings, beginning with those determined to be most harmful to water quality.

Part 2: Public Education

Education of the public as to the role they play in preserving and protecting the Lake Whatcom Watershed, and ultimately our drinking water's safety is vital to successfully managing this valuable resource. The city and the neighborhood, along with other partners, must continue to work hand in hand to upgrade and administer an on-going public education campaign for this purpose.

Objective

Leke Whatcom Public Education Objective (LWPEO) - 1: All residents of the Silver Beach Neighborhood will become knowledgeable stewards of Lake Whatcom Reservoir and its surrounding watershed through continuing educational programs that provide the tools necessary to achieve this stewardship.

Actions

Lake Whatcom Public Education Action (LWPEA) -1: An Action Plan for Lake Whatcom Reservoir shall be developed within the next year by the Silver Beach Neighborhood Association (SBNA) in conjunction with the City of Bellingham and Whatcom County. This plan will address neighborhood activities that contribute to the deterioration of Lake Whatcom Reservoir and provide a detailed prioritized list of actions to remedy the impact of these activities through proactive educational programs. The following list will be used to guide this action:

Proposed Detail Action Plan Education

1. Craft and implement a personal outreach program utilizing city staff, SBNA, Master Gardeners, industry experts and others. This group should provide stewardship education for watershed residents that advocates appropriate stormwater management, gardening, home and auto maintenance practices, particularly during periods of peak outdoor activity.

11/27/07 37 2. Enhance existing and implement new education programs that address daily homeowner practices such as fertilizing, watering, landscape layout, construction and stormwater control. 3. Require education, training and certification of commercial landscapers who do work in the watershed. 4. Require education, training and certification for construction personnel doing concrete work, asphalt work, land excavation, earth moving, land clearing or disturbance, repair to existing underground utilities or exterior painting. 5. Provide watershed protection training to all city and county employees, including police, fire, public works, planning and also elected officials to insure that they understand their responsibility and accountability to report and respond to noncompliance with watershed regulations 6. Establish a single 24/7-point of contact for citizens to report watershed concerns and insure a timely response. 7. Provisions shall be made in the city and county budgets for funding ongoing and special watershed education programs. 8. The city will conduct an annual review of the effectiveness of current education programs with "SBNA and residents. 9. Establish a coordinating group between the city and county to address watershed education concerns in areas adjacent to the city. 10. Tailor education programs to address specific homeowner practices tied to stormwater pollutants found on or near their property. 11. Develop educational programs at Silver Beach School to protect the adjacent watershed protection property. 12. The City and SBNA in partnership with Silver Beach School will plan and implement landscaping changes to enable the school grounds to be a model for best practices for watershed protection. 13. Provide moveable educational signage at key locations during different times of the year, on the water, in participating yards, along rights of ways, during construction, at community meetings and schools. 14. Continue mailings, news releases, presentations at public meetings, BTV broadcasts and inserts in local print media and seek innovative messages for Lake Whatcom Reservoir Stewardship. 15. Establish 5th and 6~ grade educational programs addressing Lake Whatcom Reservoir protection. 16. Redevelop and implement a Watershed Stewardship Program. 17. People have to know and believe that there is a problem, and they have to know what they CAN do about it. Only then, will they choose to act. Much of that education can be done by individuals and by the SBNA. The process of 'educated neighbors-talking-to-neighbors' is very effective.

LWPE - A2: Every household in the Silver Beach neighborhood will be contacted within the next year and provided the Silver Beach Neighborhood Action Plan for Lake Whatcom, other educational materials and key contact information. This information will be provided to new residents by the city shortly after they establish residency.

Part 3: Stormwater Management

Stormwater runoff is a major contributor to the pollution of the Lake Whatcom Reservoir and ultimately our drinking water. There are many actions Silver Beach Neighborhood residents can take to ensure that they are not contributing to this pollution. Local and state governing bodies are

11/27/07 38 also responsible to implement actions that will decrease the negative impacts that their current practices have on the watershed.

The goal of these efforts is that any water flowing from or across any and all upland properties within the Lake Whatcom Reservoir watershed, including gullies and creeks, should be as free of pollutants as is feasible, such that the water entering the Reservoir remains clean. This responsibility rests with citizens as well as the governments. For background information on Stormwater Management see Appendix 3.

Objectives

Lake Whatcom Stormwater Management Objective (LWSMO) -1: Clean water. Ensure that materials and chemicals that are harmful to the reservoir don't get into the runoff stream or Reservoir itself. LWSMO - 2: Source Control at home. Within four years, one-half of the properties in the Silver Beach Neighborhood will achieve on-site, treatment. LWSMO - 3: Source Control on the Road. Within two years, the City will maximize the effectiveness of the runoff treatment facilities in the Silver Beach Neighborhood. LWSMO - 4: Report results. The public will be told, annually, how the public stormwater treatment facilities are working, and the City and the County will keep them at best performance levels. LWSMO -5: Financial Resources. These programs receive adequate funding.

Actions

Lake Whatcom Stormwater Management Action (LWSMA) - 1: Individual property owners and occupants should install on-site treatment or infiltration/recharge facilities on their own properties, and minimize the amount of water that flows off-site. . Many of the solutions involve low technology and low cost such as rain barrels or dry wells. We believe that costs for more expensive solutions should be shared or funded completely by City grants such as the Stormwater Retrofit Program. LWSMA - 2: Roadway signs and pavement markings highlight the path and effect of chemicals from vehicles. The City's infiltration/recharge and treatment facilities on public properties will substantially reduce the amount of pollutants that are carried off the road surfaces. The City will conduct a national search for known best practices, and collaborates with researchers on this topic for even better practices. LWSMA - 3: Stormwater treatment facilities that are installed and operated by the jurisdictions should have a maintenance program that assures that the facility meets the original specifications. They shall have regular and effective water quality testing of inflow and outflow to determine the success or failure of each facility. The City and the SBNA shall publish and distribute these reports. LWSMA - 4: Everyone who lives or travels in the reservoir should refrain from allowing such materials to be placed on the land in such a way that those chemicals can enter the runoff stream or the Reservoir. LWSMA - 5: In order to establish a fair and equitable City-wide stormwater management program, the City will implement a three-tiered program that includes incentives to assist property owners in managing stormwater runoff from their property with natural (low technology) techniques or fees for those who choose not to manage their property's runoff that shall

11127/07 39 be used to pay for off-site mitigation. The enforcement of existing City Codes will include fines to be used to mitigate any negative impacts caused by the infractions. LWSMA-6: The City of Bellingham will develop and fund a voluntary program to support retention of existing trees in the watershed and the planting of new and replacement trees using the "right tree, right place" management policy that compliments the city's existing street tree policy.

Part 4: Monitoring

Lake Whatcom Reservoir and tributaries must be monitored to ensure that natural processes and contamination levels are identified and recorded. This monitoring will guide aggressive actions leading to reservoir recovery. (see Appendix 4 for background on the monitoring of Lake Whatcom)

Objectives Lake Whatcom Monitoring Objective (LWM0)-1: Establish a baseline for all pollutants of concern based on historical data and, where insufficient data exists, instigate reseivoir and tributary monitoring. Such a program requires the city to develop, fund and implement a program of periodic monitoring for all pollutants of concern in the watershed. LWMO -2: Determine the interbasin flow and circulation dynamics in the reservoir and the flow of water into the reservoir from precipitation, tributaries and groundwater.

Actions Lake Whatcom Monitoring Action (MA) # 1 - Continue the current annual reservoir water column and enhanced tributary monitoring program. LWMA 2 - Characterize organic contamination in lake water and sediment including traditional organic compounds on the priority pollutant list such as pesticides, herbicides, phthalates, phenols and polycyclic aromatic hydrocarbons, and add other emerging compounds of concern such as pharmaceuticals, flame retardants and endocrine disrupters. Continue a program of periodic monitoring to track any changes. Each organic pollutant of interest should be monitored at least once during each 5-year period, more frequently for pollutants with concentrations trending upwards. LWMA 3 - Regularly monitor benzene contamination of the reservoir and the city's treated drinking water. Determine the pathways by which benzene enters the reservoir. LWMA 4 - Determine the impacts to aquatic organisms, water quality and potentially human health from the leaching of contaminants from oxygen-depleted bottom sediments during reservoir stratification. LWMA 5 - Determine the impact of increasing algae concentrations on the reservoir and drinking water. LWMA 6 - Continue monitoring mercury concentrations in water, sediment and fish tissue to insure we are not surprised by air transport deposition from global industrialization. Mercury monitoring should be conducted at least once every five years, more often if mercury contamination appears to be increasing. LWMA 7- Groundwater at multiple depths in the immediate vicinity of old dumps and other potential sources of groundwater contamination that might find its way to the reservoir shall be sampled and analyzed for a broad range of pollutants including pharmaceuticals, ftame retardants and endocrine disrupting compounds. Sites identified as contributing to groundwater contamination shall be monitored at least every 5 years.

11/27/07 40 LWMA 8 - Conduct hydrologic measurements and modeling in the watershed to identify and record the flow of water into the reservoir from precipitation, tributaries and groundwater. LWMA 9 - Conduct scientific studies that characterize flow in the reservoir at different depths during different times of the year.

Part 5: Land Acquisition

Land acquisition and proper management of that land, will help to prevent pollution, particularly phosphorus, from entering Lake Whatcom Reservoir by controlling land use and maintaining and increasing natural forest cover.

Lake Whatcom Land Acquisition Objective (LAO) - 1: Eliminate the potential for additional negative impacts on water quality by purchasing or otherwise controlling the land use of all remaining undeveloped lands within the watershed. LWLAO - 2: Maintain at least 75% of the watershed in natural forest cover to provide natural stormwater control facilities for the long-term protection of the Lake Whatcom ~eservoir. Natural forest cover would include but not be limited to preserving soils, associated living organisms and soil-building processes; maintaining or restoring diversity of forest structure and composition; encouraging the growth of native species; and controlling invasive non-native plants. LWLAO - 3: Purchase and return developed lands, with willing sellers, to a more natural state to begin the recovery of the watershed with the goal of removing our drinking water reservoir from the Department of Ecology's Water Quality Assessment (303d) list for impaired water bodies and eventually being pollution free. LWLAO - 4: Manage and monitor all acquired and protected land for water quality protection and wildlife habitat (mammals, fish, reptiles, and invertebrates) through the use of adaptive management strategies to allow ongoing evaluation of results of actions and conception of new strategies. LWLAO - 5: An enforcement program that includes a ''Watershed Ranger" and City Code Regulations to support watershed protection will be developed and implemented. LWLAO - 6: Permanently deed restrict all acquired property using third party conservation easements (e.g. Whatcom Land Trust) to oversee management for water quality protections.

Actions Lake Whatcom Land Acquisition Action (LWLAA) - 1: In partnership with Whatcom County, Bellingham will seek state and federal and private funding to assist in acquiring all of the remaining undeveloped land in the watershed through outright purchase, conservation easements, or purchase of Development Rights. LWLAA - 2: Bellingham will develop and implement a public campaign to encourage donation of land in the watershed for watershed protection reserves. LWLAA - 3: A neutral third party such as the Whatcom Land Trust will hold conservation easements on all city owned watershed property to oversee and enforce the goal of management for water quality protection. LWLAA -4: All property acquired by the City for watershed protection will have all development rights permanently removed through the use of deed restrictions and/or other legal means.

11127107 41 LWLAA - 5: Bellingham will develop and implement a public recognition program for landowners donating all or part of their watershed properties or entering into a conservation easement that limits fUture use of the land to watershed protection. The program would only pertain to properties for which all development rights were removed. LWLAA - 6: Bellingham will develop and implement an effective Transfer of Development Rights (TDR) program to remove development rights from the watershed. This program would remove development rights permanently from land in the watershed. Property owners can choose to sell some or all of the zoned development units from their watershed property to developers or the City to increase density in predetermined areas that are not as environmentally sensitive. LWLAA - 7: Bellingham will develop a forest management plan aimed at maintaining or restoring diverse forest structure and composition with native plants within one year of acquiring control of each specific property. LWLAA - 8: Bellingham will begin forest restoration activities within three years of acquiring control of property that includes elimination of invasive non-native plants. LWLAA - 9: Bellingham will remove unnecessary roads, culverts, and built structures from all acquired property within three years of acquiring control of the property. Ll'VLAA -10: Bellingham will target purchase or conservation easements of developed property with willing sellers to provide natural stormwater treatment in key locations to prevent pollution sources from reaching the lake. LWLAA - 11: Each acquired property will have a baseline-monitoring inventory that states existing characteristics, habitats and detailed restoration goals and actions. LWLAA - 12: Periodic monitoring will be compared to the baseline inventory, goals and action plans to ensure that management strategies are producing the desired results. LWLAA - 13: All reports of misuse of protected land are addressed either through adaptive management or enforcement. LWLAA -14: Signs detailing allowable activities will be posted on all watershed protection properties. LWLAA - 15: The Watershed Ranger will have a visible presence in the watershed by providing ongoing education about and enforcement of watershed protection regulations and activities. LWLAA - 16: Bellingham will strictly enforce its policy of not allowing hookups to City water outside of UGA's in the watershed. LWLAA - 17: Bellingham will renegotiate its contracts with Water Districts in the watershed to eliminate future extension of City water to building lots created after 2007 and to reduce current contractual agreements for hookups so that fewer new homes are built in the watershed.

Part 6: Water Habitat

Improving the quality of the Lake Whatcom Reservoir includes restoring the habitat for native aquatic and riparian species. More specifically this would include improving the habitat of the native stocks of kokanee and cutthroat trout in Lake Whatcom Reservoir and associated streams.

Objectives Lake Whatcom Water Habitat Objective (LWWH0)-1: Restore Silver Beach Creek to the same water quality as Olsen Creek by improving riparian area buffers and preventing pollution

11/27/07 42 from stormwater runoff, septic system runoff, or other non-point sources from entering the creek. LWWHO - 2: Eliminate non-native fish species from Lake Whatcom Reservoir. LWWHO - 3: Improve water quality in Lake Whatcom to support health fish stocks, monitor fish for mercury and other contaminants, and use adaptive management strategies to ensure the return of a healthy ecosystem. Actions: Lake Whatcom Water Habitat Action (LWWHA) - 1: Implement the strategy for conservation and recovery of native fish populations currently being developed by Washington Department of Fish and Wildlife. LWWHA - 2: Monitor water quality in Silver Beach Creek to guide restoration of water quality. LWWHA - 3: Restore legally mandated riparian areas buffers along side of Silver Beach Creek with native vegetation both inside of the city limits and in the county. If the buffers prove to be insufficient, expand the buffers as necessary. LWWHA - 4: Develop and implement a plan to work with property owners adjacent to the Lake Whatcom Reservoir or tributaries to modify activities or land uses to enhance stream and hence Lake Whatcom Reservoir water quality protections. LWWHA - 5: In conjunction with the Washington Department of Fish and Wildlife, develop and implement a plan to reduce or eliminate non-native fish species from Lake Whatcom Reservoir. LWWHA - 6: Monitor fish species for contamination. Post advisories at popular fishing locations and boat launch areas. Report advisories in local media and place notices in the City Sewer and Water billings.

Part 7: RECREATION

It is vital to the health of the Lake Whatcom watershed and the quality of our drinking water that recreational activities on Lake Whatcom Reservoir support the natural processes of the reservoir and its watershed.

Objectives Lake Whatcom Recreation Objective (LWRO)- 1: Allow limited and safe modes of recreation that do not contribute to degradation of the water or natural ecology of the watershed.

Actions Lake Whatcom Recreation Actions (LWRA)-1: Use Bloedel Donovan Park as a model to demonstrate 'Best Practices for Care of the Watershed' by providing the interpretive examples of caring for the watershed, advocating pesticide/phosphorus free lawn care and labeled plants in rain gardens. LWRA - 2: Clearly and publicly post all boating, park rules, and swimming rules LWRA - 3: Establish position of Lake Ranger/Sheriff to allow for better enforcement of city rules on the lake, with additional support on holidays. LWRA- 4: Establish position of Lifeguard/Lake Steward/Educator (combined role) for summer and holidays at park. LWRA - 5: Increased Compliance with Watershed Guidelines during community events and activities (see appendix 5)

11/27/07 43 LWRA - 6: Develop and implement safe swimming guidelines (see appendix 5) LWRA - 7: Enforce current and proposed boating and water sports regulations including: WA State Navigation law (Note: New legislation in force1-8-2008.) (see appendix 5) Possession of Washington State Boater Education Card. Legal age requirements for boat operation, and rules therein. Guidelines of the Lake Whatcom Management Program, 'Boatnotes: A handbook for Boater's on Lake Whatcom' (see appendix 5) LWRA - 8: Introduce boat trailer parking Fees at Bloedel Donovan Park. LWRA - 9: Provide written guidelines to boaters at the fee collection kiosk, including 'Boatnotes', posters and information d"1splays. LWRA-10: Adopt and enforce new and existing powered personal watercraft regulations including: Power watercraft must proceed out 300 feet from shoreline without generating a wake, or exceeding 6 MPH; Remain at least 100 feet from swimmers at all times; Proceed out and return to shore in a straight line; Ban personal powered watercraft rental and watercraft racing; and All watercraft noise should be 80 decibels or lower (this is also the current tractor trailer trucks guidelines for roads.) LWRA - 11: Review existing and update regulations for seaplanes and amphibious aircraft in the Watershed. This would include: Developing a plan for handling a fuel spill, human injury or other disaster. Publishing this plan so that it can be reviewed by the public and emergency response professionals Prohibiting planes from being refueled on the lake or in the watershed. LWRA -12: Replace boat docks with aquatic-ecosystem friendly docks LWRA-13: Ban all use of fireworks in the watershed, because they pollute the air, soil and water with heavy metals, and also cause noise pollution, litter, and add other toxic elements in our water supply. LWRA -14: Develop City supported workshops and an on-line link to the Neighborhood web site LWRA - 15: Encourage public and private partnerships between agencies and groups to promote overall goals as stated. LWRA -16: Establish an annual Community 'Best Practices' Award for Sustainability. LWRA - 17: Establish an easy reporting and enforcement mechanism, so citizens are encouraged to file nuisance reports due to unacceptable loud noises on the lake, observed safety violations, vandalism, or polluting activities on the lake.

Part 8: Enforcement

Enforcement of the codes and programs that have been and will be established to protect the Lake Whatcom Reservoir and watershed are vital to the protection of this valuable resource. Lack of enfOrcement has led to many incidents of unnecessary pollution in the watershed and reservoir.

Objective Lake Whatcom Enforcement Objective (LWEO) -1: The City of Bellingham shall have no higher priority than the execution, staffing and funding for the enforcement of existing and proposed regulations and ordinances to protect Lake Whatcom Reservoir.

11/27/07 44 Actions Lake Whatcom Enforcement Action (LWEA) - 1: The City shall vigorously pursue enforcement of the laws, by increasing staffing and resources. A "Lake Ranger" position will be funded and supported, no later than January 31, 2008.

Part 9: Long Range Planning

Maintaining a clean source of drinking water is complex and ongoing process. The City must stay ahead of the problems that arise by continuing and improving long term planning in this arena.

Objective Lake Whatcom Long Range Planning Objective (LRPO) - 1: The City will be prepared to respond to future events, unforeseen circumstances and unpredictable events such as earthquakes, floods, drought, land slides, catastrophic forest fires, and volcanic eruptions that could that threaten our drinking water.

Action Lake Whatcom Long Range Planning (LWLRPA) - 1: The City will conduct a biennial review of long range planning alternatives to our current drinking water system in response to future events that might include: Moving the water intake Changing water treatment processes Changes to the Middle Fork Nooksack River Diversion Acquiring a totally new water source Renegotiating agreements to provide water to non-city residents

11/27/07 45 Appendices

Appendix 1 Association and Plan Development

Reestablishing the Association The Silver Beach Neighborhood Association Board was reestablished in November 2006 with a full slate of interim officers. Nominations for permanent officers were forwarded in December and officers were formally elected in January 2007. The board identified two major initiatives: 1) Write a new neighborhood plan, and 2) Reinvigorate the Silver Beach Neighborhood Association.

Neighborhood Plan The old Silver Beach Neighborhood Plan, completed in 1980, was seriously outdated and in a format completely different than the city's comprehensive plan. Fueled in large part by concerns that the water quality of Lake Whatcom Reservoir was rapidly deteriorating, the Board decided to entirely rewrite the Plan consistent with the City's guidance and compatible with the City's Comprehensive Plan. Four work groups were established that would divide the work of rewriting the Plan: Neighborhood Character, Capital Facilities, Zoning and Land Use, and Lake Whatcom. From the outset, the Board was ccmmitted to a transparent and fair process that would not only advance the Plan favored by most participating Silver Beach residents but also represent dissenting views so those officials taking action on various plan elements would understand the extent of consensus.

Neighborhood Notification The Board further decided that the two major initiatives would be best served by a series of interesting, informative programs and by aggressively attempting to involve Silver Beach residents in the Association. Residents were notified of meetings through several mechanisms: •!• Signs announcing upcoming meetings were displayed throughout the neighborhood. Initially, 15 signs were posted then increased to 25 later in the year •!• Upcoming meetings were advertised several days in advance in the Bellingham Herald, Cascadia Weekly, and Whatcom Independent. •!• Meetings were announced on radio stations owned by Cascadia Radio Group - KGMI, KAFE, KBAI, KISM, and KPUG - several days before the meeting. •!• Emails were sent to everyone for whom we had an email address about 4 days in advance of meetings. Over time this list has grown to over 140 individuals who are regularly notified of meetings and important developments. •!• Broadcast mailings to the entire neighborhood sent in advance of the February, June and September meetings using the City's Silver Beach address list. •!• Finally, a web site was established that advertises impending meetings, posts significant developments and contains important documents relevant to the neighborhood including the Plan as it developed.

Meeting Programs and Attendance The first several programs of the year were designed to educate neighborhood residents and those researching and writing the draft Plan in various aspects of city planning. The Association hosted the following programs over the past year:

November 2006 - Election of interim officers and association organization December 2006 - Nominations for permanent officers and Neighborhood Plan organization January 2007 - Mike Hilles discussed Lake Whatcom monitoring and Peg Wendling provided background and information on drinking water treatment and delivery. Joan

11/27/07 46 Beardsley encouraged our efforts and endorsed the need for aggressive action to save Lake Whatcom. Permanent officers were elected. February 2007* - Kim Spens and Kurt Nabbefeld enlightened the Association on zoning history and practices, especially as they relate to Silver Beach. March 2007 - Jason Porter and Bill Riley reviewed the practices and limitations of stormwater control. April 2007 - Paul Leuthold gave a presentation about our park system and future plans for it. Fritz Anthony informed us of city plans for upcoming paving projects. May 2007 - Alfred Arkley and Kate Grinde of our neighborhood gave a presentation about the colorful history of Silver Beach. Heather Higgins-Aanes and Clare Fogelsong described and invited us to participate in the Stormwater Retrofit Program. June 2007 • - Group leaders responsible for the various elements of the new Neighborhood Plan shared their preliminary findings with the audience. July 2007 - Neighborhood sponsored Candidate's forum. August 2007 - A neighborhood picnic with featured guest Robin Matthews who spent two hours answering questions about Lake Whatcom. September 2007 • - An Open House format was selected to roll out the draft Neighborhood Plan and solicit comments from the neighborhood. •Broadcast Mailing conducted 10 days prior to the event

11/l;)eting Attendance

120

100

80

Attendees 60

40

20

0

!Plan Development !Process Comment {MDl] : What process do you want to emphasize here? The first step in the Plan development process began in early January when a schedule for delivery Suggest making separate sections for Plan writing/development and Plan of a final document to the City in November was devised. Data collection, research and draft Plan review/comment/approval. language development occurred from January through May 2007 in preparation for rolling out a very rough draft in June. During this time, the small work groups divided the work among their participants. Individual plan author participants collected and absorbed information, and offered draft language to their group at periodic group meetings. The ideas and language were debated in group sessions and further research and refinement ensued. Monthly neighborhood education meetings provided additional information to Plan developers and additional contacts and source material for Plan development. At every Association meeting, attendees were encouraged to join

11/27/07 47 one or more of the 4 work groups. After the June meeting, work groups continued to meet and further refine the document for the September Open House.

The Zoning work group was comprised of six individuals. Five people worked on the Capital Facilities element. Six people were involved with Neighborhood Character and eight individuals worked on Lake Whatcom.

~tart Public Review/ Comment/ Approval sub section here:. The first product, a very rough draft, was presented at the June ~007 Ass.odatiori meeting]. People •. were encouraged to ~ubmit comments ~t that time to help guide the architects of the Plan, The September meeting, an Open House, featured a working draft of the plan. Many comments were received and these were all entered verbatim into a comment/response spreadsheet attached as Appendix X. Each comment was considered by a small work group for each section; the plan changed if deemed appropriate and a response prepared if not. Neighborhood residents were invited through broadcast mailing and at the Open House to participate in the small group meetings. The October meeting was a vote first on the noncontroversial features of the plan then on each plan element with dissenting positions. The prevailing position was included in the plan and other positions objectively presented in an appendix. The final plan was endorsed at the November meeting and submitted to the City before December 1.

Appendix 2: Green Streets Discussion

Why do we want our streets to be Green Street?

Streets make up 60 to 70% of the impervious surfaces of our built environment. Our roofs are the other major component. These surfaces collect pollutants from the atmosphere, oil, gas and other cast off debris from vehicles, soils from disturbed earth and the like. Under the prevailing street designs, when it rains, the runoff water washes the pollutants into storm sewers where it may or may not be treated before it enters streams or lakes. In our case this means lake Whatcom. Green streets are designed as a means to mitigate the negative effects of the run off before it enters Lake Whatcom

Characteristics of Green Streets:

Green streets are a component of watershed management that tries to mimic nature in dealing with stormwater runoff from impervious surfaces within the street right.

Green streets eliminate as much impervious surface as possible. This is done by designing streets as narrow as possible for their use and using pervious paving as much as possible.

Green streets direct the runoff that cannot infiltrate into the ground into bioswales. Bioswales help slow down the runoff remove pollutants from the runoff, and can direct the runoff into rain gardens that further slow and treat the runoff. Rain gardens and check dams in the bioswale can make this technique work on steeper streets where a bioswale itself would not work.

Rain gardens and other street plantings help intercept rainwater. The removal of forest and fields for the development of our built environment has had the effect of making our developed areas 10 to 12 degrees warmer in summer. Street trees help mitigate this. A medium sized tree can intercept as much as 2380 gallons of water per year and can also redirect rain away from impervious surfaces as it falls. These trees along with a green street design can decrease the temperature of stormwater runoff thereby keeping the temperature of the Lake lover. Care must be taken with both plant materials and placement to minimize visual impact where possible.

11/27/07 48 The green street design improves the visual quality of the neighborhood.

Green street design calms traffic, making the interaction between pedestrian, bicycle, and car safer.

Green streets are in their infancy as far a design standards, materials, and implementation. Portland, Or., , and Vancouver BC are in the forefront of their development and implementation and their experience can provide guidance. The following are web sites that give document green street work going on around us.

Portland Or. www.portlandonline.com/shared/cfm/imaqe.cfm?id=82898

Seattle: www.citvofseattle.net/environment/buildinq scheer.pdf

Appendix 3 Parks

Referenced in PROSA 9:

Share the Trails Guidelines

Trail Etiguette Guidelines

•!• All Trail Users: o Be aware and respectful of other trail users. o Represent your sport/activity well to the community. o Keep trails clean. o Stay on trails; do not create informal paths into sensitive areas. o Use crosswalks with caution.

•!• Yield: o Bicyclists yield to pedestrians and horses.

•!• Walkers: o Stay to the right of an imaginary line down the center of a trail. o Allow room for other trail users passing, do not go three or more abreast on trail. o Move to the right when a passing trail user shouts "Passing on your left". If walking your pet, pull him close to allow safe passing.

•!• Runners: o Alert trail users when passing from behind.

•!• Bikers: o Alert trail users by voice ("passing on the left") and/or bell before passing from behind. o Travel at a speed that respects the safety of others.

•!• IPOD/headphone/cell phone users: o Adjust volume to hear alerts from passing trail users.

11/27/07 49 •:• Dog Owners: o Dogs should be under control in off-leash areas. o Dogs should be on-leash and under control in on-leash areas.

Appendix 4 Stormwater Runoff background Background on Stormwater runoff:

Stormwater runoff can carry pollutants from the land to the water, an undesirable situation that can be at least partially remedied by two types of action. The first type is "Source Control", the keeping of undesirable pollutants from becoming mixed in surface water. This should happen on all properties within the watershed basin, including public properties - roadways are a large contributor. The second type of action is "Treatment", the removal of undesirable pollutants from the water flow as it moves between the origin point (the source) and where it enters the Reservoir. Treatment may be done by individual property owners and by public agencies.

The simplest, cheapest and best action overall is source control - don't let crap get into the water in the first place - at the source' The public jurisdictions are responsible for roads, parks, schools and other lands used for public purposes, so they may be ordered to act. Their limitation is usually financing and the political will. But implementation of much source control is the responsibility of individual occupants and all others who visit watershed basin lands.

A. Runoff From Individual Properties:

Individual landowners, renters and all those (including even delivery drivers) who visit watershed basin lands must, in almost all cases, be encouraged, rather than forced, to act. Exceptions include when seeking permits for land-management actions, a time when a jurisdiction may require certain actions as conditions for approval. Those costs of compliance will be borne by the owner or developer - then may be passed on an eventual buyer. But for properties not being otherwise modified, what's needed is a method of motivation of the owners, and that motivation may take several forms.

Education of "landowners" (letting that word represent everybody) is a necessary first step. People have to know and believe that there is a problem, and they have to know what they CAN do about it. Only then, will they choose to act. Much of that education can be done by individuals and by the SBNA. Neighbors talking to neighbors are often very effective.

Thus, a major element of this Silver Beach Neighborhood Plan (SBNP) incorporates processes and information to encourage and facilitate neighborhood education on source control of pollutants. The public needs to know - without hesitation - What are the pollutants? How do they get brought into the watershed (not always in shopping bags)? How do they get released? How to keep them from being released? Additionally, how to do local cleanup on-site, another valuable element of a clean­ water program.

This SBN Plan thus specifies or gives ready references to information on pollutants and on methods of elimination and control. The first recommendation is: Don't put polluting materials in such places that they may be washed into the Lake. The second recommendation is: Do install surface water retention methods on your individual properties, to eliminate or reduce the runoff flow from leaving your property. The third recommendation is: Help your neighbors do these things. And finally, help the City and County to deal with these needs, on public properties.

B. Runoff From Roads

11/27/07 50 i. Status of problem A notable part of the pollution in runoff that reaches the Lake Whatcom Reservoir originates on roads. People leave trash there. The operation of vehicles deposits many toxic materials on the surface of the roadways, including petroleum products, metals-residue from brake-linings, and many others. The only ways that the best practice, "source control", can be used, are the reduction of vehicle traffic within the watershed, and the reduction of droppings from each vehicle. So long as the watershed lands have urban development, there will be such traffic to access those properties. ii. pervious sidewalks, driveways, and roadway shoulders; Runoff is greater across impervious materials, and can be reduced by using pervious materials anywhere possible. An easy place to do so is on sidewalks, since the loads applied to them are far less than on roads, thus the service-life of the materials is longer. For driveways (which cross sidewalks) sturdier materials might be required, but there are materials that can carry light traffic - coarse gravel is an example. Even so, the major portion of sidewalks and driveways can be done in a way that allows water to infiltrate into the soil, minimizing the amount of runoff and thus, the transport of undesirable materials into pipes, streams, and the Lake. Also, in the vast majority of cases and places in residential areas, a sidewalk only needs to be on one side of the road, thus reducing the area covered (and the costs). Driveways may and should be pervious. This has already been specified in the City codes, as part of the Silver Beach Ordinance of (2004?). Continued enforcement is of great value. Additionally, even existing impervious driveways can be replaced with materials and methods that provide better water control, reducing runoff and transport of toxic materials into the Lake. iii. Continue search for Solutions The most direct beneficial action regarding roadways pollution is to reduce the amount of traffic using those roads. Two processes are readily available for accomplishing a substantial gain this way: a. Reduce or eliminate through-traffic within the watershed area. Allow only traffic whose destination is a property within the watershed. Other traffic should avoid passing through the watershed. b. Reduce the number of vehicle-miles driven within the watershed area. All the techniques of public transport apply here - carpooling, increased availability of bus-service, and biking and walking (which also contribute directly to your health!) c. Increased care of the road surfaces, by sweeping and other methods of picking up undesirable materials for careful disposal elsewhere, perhaps with treatment to reduce toxicity. d. Naturally, the incorporation of effective stormwater treatment facilities on public roads (and other public lands) brings the benefit of improved water quality.

C. Runoff In Streams i. Condition of Silver Beach Creek Silver Beach Creek has been consistently identified as the most polluted tributary of the Lake Whatcom Reservoir. The reasons are obvious: urbanization, poorly done with regards to runoff pollution control, and which continues to be done and allowed by both jurisdictions - the City and the County.

ii. Involve County especially for Silver Beach Creek The upper areas of the sub-watershed of Silver Beach Creek are under County jurisdiction, while the lower areas are in the City. Thus, the solution requires similar actions by both jurisdictions. Wnat the City does in support of protection of environmental quality here MUST be replicated by the County! iii. Tighten restrictions on clearing land & exposed soil 11/27/07 51 It is no mystery that exposed soil and any action that involves clearing land makes it subject to transport of silt and pollutants when water is present. The risk is greater during the traditionally wet seasons, but it is present at all times. Thus, for the urgent and serious case of protection of our sole source of drinking water, stronger restrictions on activities that might result in polluted runoff within the watershed are needed. New rules should be written and enforced, to substantially eliminate any runoff from land being "worked."

Appendix 5 Monitoring of Lake Whatcom Water Quality

Water Column

Water quality monitoring in Lake Whatcom began in the early 1960's, but those efforts suffered from inconsistent spatial and temporal consistency and were accordingly inconclusive. The first serious program of sustained monitoring was begun in 1988 by the Institute for Watershed Studies (IWS) at University. IWS has developed an excellent database to measure water quality parameters and more importantly track trends in water quality over time. Tributary monitoring has not historically been as robust but has recently been increased to better characterize the watershed.

Inorganic Analysis and Bacteria Sampling - The ongoing lake monitoring is effectively assessing water quality for temperature, pH, dissolved oxygen, conductivity, metals (As, Cd, Cr, Cu, Fe, Hg, Ni, Pb, Zn), total organic carbon, Secchi depth, ammonia, nitrate+nitrite, total nitrogen, soluble phosphate, total phosphorus, alkalinity, turbidity, chlorophyll, plankton, and coliform bacteria. This program appears to be adequate and has been of sufficient duration to chart trends in the water quality of the lake. Those trends are alarming.

Lake Stratification - The lake stratifies generally in May/June into a surface area of relative warm water (epilimnion), a middle layer of rapidly changing temperature (metalimnion) and a cool bottom layer (hypolimnion). Stratification stability is determined by temperature differences in the water column, water circulation and local weather patterns. Once the temperature differential reaches 5 degrees C, stratification is considered stable. Stratification persists until fall or winter depending on location in the lake when cooler ambient temperatures and shorter days cause the lake to cool and destratify (turnover).

Dissolved Oxygen

Process: Low oxygen in the water column can result in loss of habitat, release of nutrients (phosphorus and nitrogen) from sediments, increased algae production, unpleasant odors during overturn, fish kills, release of metals and organics from the sediment, increased mercury methylation, increased drinking water treatment costs, increased taste and odor problems in drinking water and increased risk of cancer associated with drinking water disinfection byproducts.

Lake Whatcom: Dissolved oxygen during stratification has consistently been near zero for decades. From when IWS began consistently monitoring the lake, dissolved oxygen in the hypolimnion in Basin 1 has dropped during August from 2 to 4 mg/Lin 1988 depending on depth to near zero irrespective of depth. Basin 2 has experienced a similar history. It appears that this downward trend is limited only by the fact that dissolved oxygen has nearly reached zero. The agent for this trend is likely increased respiration of biota like algae, plankton and bacteria thriving from warmer temperatures, an infusion of essential nutrients and biodegradation of sediment materials. Basin 3, deeper, colder and with fewer nutrient inputs than basins 1 and 2, has not yet experienced the same level of oxygen depletion.

11/27/07 52 Phosphorus and Nitrogen

Phosphorus and Nitrogen are the prominent nutrients affecting Lake Whatcom algae. Most algae use inorganic nitrogen in the form of nitrate for growth although ammonia and dissolved nitrogen gas can be used as well. Nitrogen depletion was evident at all sites ·1ndicaf1ng uptake by phytoplankton. Times of nitrogen depletion corresponded with times of high bluegreen algae densities.

Ammonia, along with hydrogen sulfide, is an indicator of low oxygen conditions. Ammonia is produced during the decomposition of organic matter. In oxygen rich environments, ammonia is rarely present in high concentrations due to rapid conversion to nitrate and nitrite through biological and chemical processes. In low oxygen environments, ammonia accumulates in the hypolimnion until the lake destratifies. High ammonia concentrations were measured in Basins 1 and 2 just prior to lake turnover. There has been a significant increase in ammon·1a and hydrogen sulfide concentrations since 1999 in Basin 2. Both basins 1 and 2 have elevated levels of ammonia at turnover.

Although nitrogen is required by Lake Whatcom microbiota, phosphorus is what usually limits microbiota growth. Soluble phosphorus is easily taken up by microbiota and is therefore rarely found in high concentrations in the water column. Insoluble phosphorus can be present in the water column bound to tiny particles and suspended organic matter. Competition for phosphorus is intense and micro biota have developed mechanisms to extract up to about 50% of the phosphorus bound to particles and organic matter. When oxygen concentrations are low, however, phosphorus bound in the sediment becomes soluble and leaches into the overlying water. Soluble phosphorus levels were usually low in all basins except in the hypolimnion in Basins 1 and 2 just prior to turnover. Elevated total phosphorus levels were present in the hypolimnion in Basins 1 and 2 during stratification. Prior to turnover, the accumulating phosphorus in the hypolimnion can be taken up in microbiota hovering at the oxygen rich/depleted oxygen boundary. When the lake destratifies in the fall, phosphorus in the hypolimnion will be mixed throughout the water column. As oxygen levels increase due to destratification, any soluble phosphorus not taken up by biota will convert to insoluble forms, and perhaps be sequestered in the sediment until the next stratification.

The phosphorus dynamic in the lake is ominous. Phosphorus enters the lake from disturbed soils, fertilizers, animal and human waste, detergents, etc. This nutrient is consumed by microbiota which reproduce and die. Their bodies settle to the bottom and decompose due to bacterial action, consuming oxygen in the process. Low oxygen conditions, generally unfavorable to organisms of most kinds allow phosphorus levels to build making it available to organisms at turnover when the cycle begins again. Soluble phosphorus not consumed during the microbiota growing season converts to insoluble forms in oxygen rich environments and is sequestered in the sediment until anoxic conditions return it to a soluble form the following season. Phosphorus is thus banked, accumulates and supports more and more microbiota.

Plankton

Plankton levels have exploded from a historically stable 500,000 plankton/liter of water (#/L) in 2002 to 2,000,000/L in all basins suggesting a strong correlation between phosphorus and plankton concentrations.

Eutrophication

Process: Eutrophication is a process to describe the life cycle of a lake. Initially, natural lakes formed in basins gouged out by glaciers, like Lake Whatcom, are deep and nutrient-poor. Such lakes are called oligatrophic and are characterized by unusual clarity. As the soils around them ~ecome more developed and more productive, sedimentation of the lake increases and nutrients

11/27/07 53 begin to flow into the lake making life possible for plants and animals. As such life begins to thrive the lake becomes mesotrophic. As sedimentation continues and organisms living in the lake die and add to the bottom sediment, the lake becomes eutrophic, eventually filling in to become a pond, then a marsh. This is a natural process and in a lake like Lake Whatcom, should take many thousands of years. Cultural eutrophication is a term to describe the accelerated eutrophication by hundreds or thousands of years due to human activities that add nutrients to a water body.

Lake Whatcom: Lake Whatcom phosphorus levels are relatively low most of the year but are increasing, especially in the summer when algae blooms are most likely. Except for Basin 1, which hovered at mesotrophic since 1997, Lake Whatcom was consistently oligotrophic until 2001. It has been mesotrophic consistently since then. Coincident with eutrophication (measured as average total phosphorus in micrograms per liter of water), near surface chlorophyll concentrations and algae counts have also increased significantly. Particularly noteworthy are increasing levels of blue green algae. Prior to 2003, blue green algae were relatively uncommon in Lake Whatcom. Since then, blue green algae have increased dramatically in all basins in the summer and fall. This is significant because if bluegreen algae increase to certain levels, large scum and algal mats on the surface of the lake can cause severe odor and aesthetic problems. Further, bluegreen algae can release harmful neuro and hepato toxins into the water when the algal bloom dies. (http://www1.agric.gov.ab.ca/$department/deptdocs.nsf/all/wat3351)

Metals

Metals were generally low with iron and zinc detectable in all basins. The highest iron concentrations were measured in September at the bottom of basins 1 and 2 resulting from sediment bound iron leaching into the water column under anaerobic conditions.

Total Organic Carbon and Disinfection Byproducts

The Process: Algae excrete dissolved organic carbon into water, which, along with other decaying organic material, react with chlorine to form disinfection by-products, predominantly chloroform and other trihalomethanes (TH Ms). As algal concentrations increase, THMs increase as well. TH Ms are a concern because they are suspected cancer causing compounds.

Lake Whatcom: Long term data indicates that total organic carbon has been increasing over time, generally tracking the increase in algae and chlorophyll concentrations. Coincidentally,THMs have been increasing in Bellingham's treated drinking water exposing Bellingham residents to more potentially carcinogenic compounds. This year the City began using different chemicals to help remove organic matter before the disinfection step in the drinking water treatment process at an additional cost of $10,000 to $12,000 per year. This provides a brief reprieve. This new treatment is not 100°/o effective at organic matter removal and if algal densities continue to rise, TH Ms will again increase.

Stormwater Treatment

The City's stormwater treatment vaults (Park Place, Brentwood, Alabama Hill) were monitored for total solids, total suspended solids, heavy metals, total organic carbon, total nitrogen and total phosphorus. Sampling at the inlet and outlet of these vaults demonstrated that of the two measurements most critical to lake health, phosphorus and total suspended solids (TSS) only TSS concentrations were reduced with treatment. Phosphorus concentrations actually went up after treatment in some cases.

11/27/07 54 Sediment and Tissue

The 1998 Lake Whatcom Watershed Cooperative Drinking Water Protection Project was the first comprehensive look at Lake Whatcom sediment and tissue contamination. A screening study, samples were taken from one site in each of the 3 basins, from 2 stormwater vaults and 1 tributary in the Lake Whatcom watershed and analyzed for a broad variety of chemical compounds.

Nutrients and Bacteria: Nutrients were generally low in the sediments, tracking the historical data of the IWS long term water column monitoring. However, nitrogen and phosphorus enrichment in Basin 1 sediment was evident. (It must be noted that these sediment samples were collected and analyzed in 1998, 4 years before plankton levels increased dramatically.) The Park Place drainage appeared to be a significant source of nutrient enrichment into Basin 1. Hypolimnion conditions in Basin 1 were ideal for the release of sediment phosphorus and ammonia into the water column.

Fecal coliform bacteria were found at levels exceeding Washington State water quality standards in Park Place stormwater drain, Cable Street drain and Austin Creek. Fecal coliform generally come from failing septic systems, hobby farms, pet waste, leaking sewage pipes, combined sewer overflows and wildlife. Elevated fecal coliform inputs into the lake indicates potential sewage sources which can result in increased occurrence of Cryptosporidium, a pathogen of considerable concern.

Metals: Mercury accumulations in Smallmouth Bass was of concern although standards or criteria protecting the consumer were not exceeded. Park Place had the highest concentrations of chromium, copper and nickel, followed by Cable Street, followed by Lake Whatcom and Austin Creek. Basin 1 had the highest concentration of all metals except chromium and nickel which were highest in Basin 3. Although zinc in the Park Place detention pond was above acceptable Freshwater Sediment Quality Value (FSQV), it does not appear to causing widespread enrichment of zinc in Lake Whatcom sediments.

Sediment mercury levels in Basin 1 exceeded the FSQV slightly and sediment mercury levels in all three basins fell within the range of US Geological Survey sites in Puget Sound, surprising since Basin 3 is not urbanized to any extent.

Total Petroleum Hydrocarbons in Water and Sediment: Heavy fuel oil was detected in measurable quantities in water at Cable Street and Park Place. This was unexpected since heavy fuel oil is usually associated with crude oil spills or refinery operations.

Semivolatile Organic Compounds and Pesticides in Water: Semivolatile organics, a large group of chemicals including, among other things, polycyclic aromatic hydrocarbons (PAHs), phenols and phthalates, are commonly found in environmental samples in urban areas. Sources are varied and include incomplete combustion of fossil fuels and wood, petroleum products, plastics and adhesives. The presence of caffeine in most water samples suggests combined sewer overflows, failing septic tanks or illegal domestic sewer connections. The following semivolatiles were found in concentrations above the National Toxics Register or Recommended Maximum Concentration (RMC):

Contaminant

Park Place Cable Street Benzo(a) pyrene: x Benzo(b)fluoranthene x Benzo(k)fluoranthene x

11/27/07 55 Bis(2-Ethylhexyl) phthalate x Butylbenzylphthalat x Chrysene x Di-N-Octylphthalate x

Although below action levels, concentrations of some PAHs (fluoranthene, pyrene, naphthalene and phenanthrene) from Park Place were found at elevated concentrations suggesting that this drainage might be a significant ongoing source of PAH enrichment to Basin 1.

Pesticides/Herbicides were found in all 3 tributaries sampled. The following were detected at levels above the RMC:

Contaminant

Park Place Cable Street Chlorpyrifos x Diazinon x Malathion x Pentachorophenol x

Chlorpyrifos, Diazinon and Malathion are common ingredients in retail pesticides. Pentachlorophenol has largely been banned for home use.

Semivolatile Organic Compounds and Pesticides in Sediment: PAHs are preferentially adsorbed onto particles, particularly those with a high organic carbon content. Therefore, as organic carbon increases, so will the concentration of PAHs. Several semivolatile contaminants were detected in the lake and its tributaries. Those detected at concentrations above the FSQV:

Contaminant Park Place Cable Street Basin 1 lndeno(1,2,3-c,d)pyrene x Debenzo(a,h)anthracene x Bis(2-Ethylhexyl)Phthalate x

Fish Tissue: Copper and zinc concentrations appear to be somewhat elevated in kokanee and crawfish. As of 1998, there were no regulatory limits for copper and zinc in seafood. Mercury was detected generally at moderate concentrations with the exception of one composite sample of smallmouth bass at .5 mg/kg. This sample was comprised of several larger fish taken in Basins 2 and 3. Because mercury bioaccumulates in predators at the top of the food chain, this concentration is likely due to bioaccumulation rather than any location implication. Although this level of contamination does not trigger the FDA limit of 1.0 mg/kg (or NTR limit of .825 mg/kg), mercury is of tremendous concern because of its effect on neurodevelopment effects leading some states to limit consumption to reduce risk. As of 1998, Washington had no mercury consumption risk guidelines.

Concentrations of pesticides in Lake Whatcom fish were generally lower than fish from other urban water bodies. Several of these pesticides have been either banned or severely restricted but continue to persist in the environment. For example DDE, a breakdown product of DDT is sflll routinely found in fish tissue 35 years after it was banned.

11/27/07 56 PCBs are similarly persistent and were found in all fish analyzed (kokanee, smallmouth bass and longnose sucker). Again, contamination levels were generally lower than fish from other urban environments. NTR criteria were exceeded in fish tissue as follows:

Contaminant Kokanee Smallmouth Bass

Dieldrin x PCB-1254 x PCB-1260 x

Mercury

Fish Tissue

Concerns raised by the 1998 Cooperative Drinking Water Project about elevated mercury levels in or.e composite fish sample prompted a study by the Department of Ecology in 2000 to better characterize mercury concentrations in edible muscle of Lake Whatcom fish. Target sample size was 10 fish from each basin of the following species: Yellow perch, Brown bullhead, Pumpkinseed. Cutthroat trout, Kokanee, and 3 different size ranges of Smallmouth bass. Fifteen Signal crayfish were taken from each basin for the study as well.

Smallmouth bass had the highest concentrations varying from .20 µgig in Basin 1 (low .1 µgig) to .86 µgig in Basin 3 (high 1.84 µgig). Yellow perch ranged from .12 to .29 µgig. Kokanee and pumpkinseed had levels averaging slightly above 0.1 µgig while cutthroat trout had concentrations in the range of .06 to .08 µgig. Signal crayfish and brown bullhead were generally low except for one crayfish from Basin 2 (.54 µgig) and one from Basin 3 (.46 µgig). Most results correlated well with the 1998 study except for Basin 3 smallmouth bass were much higher in the 2000 survey (mean of .86 µgig compared to a composite sample of .5 µgig. Differences might be attributed to seasonal variations in the bioavailability of methyl mercury, fish physiology or runoff.

Medium sized and large smallmouth bass significantly exceeded the Washington state and national average for mercury contamination in fish muscle. A strong correlation was shown in smallmouth bass between age and size and mercury concentration. This correlation holds also for yellow perch in Basins 2 and 3. Other species arid sizes did not demonstrate a similar relationship.

Average mercury concentrations were higher for all species in Basin 3. Signal crayfish were collected from 3 different locations in each basin and showed increasing levels of mercury contamination from the northwest part of the lake to the southeast. Mercury concentrations in smallmouth bass, yellow perch and kokanee plotted by location taken show a similar trend and this trend does not appear to be a factor of age of the specimens.

Many factors could contribute to differences in fish contamination between the basins. One possibility is greater contribution to mercury contamination from tributaries, storm runoff or aerial deposition. Unfortunately, few data exist to examine these possibilities. Water sampling from Austin Creek, Park Place and Cable Street collected during rain events had only moderate mercury concentrations although Austin Creek was 100 times the concentration of the stormwater drains. Comparison of tissue samples from the vicinities of Park Place were lower than the average for lake tissue samples than those near the mouth of Austin Creek possibly due to the delivery of higher mercury loading from this tributary. The fish taken near the mouth of Anderson Creek also had higher mercury than fish in most other areas.

11i27i07 57 The possibility that aerial deposition is a major source of mercury contamination has not been investigated to any great degree. Mercury deposition on a regional or global scale would be expected result in consistent levels in all lakes in the area. Two sediment samples in Lake Samish revealed no mercury contamination. Interestingly, one composite sample from Lake Samish largemouth bass had mercury at 0.27 µgig, comparable to average concentrations in the smaller smallmouth bass in Lake Whatcom.

Sediment mercury concentrations do not necessarily correlate to tissue concentrations. Western Washington University found low to moderate concentrations in sediments throughout the lake with no clear differences between the basins. A 1999 study analyzed a single sediment sample from each basin and found Basin 1 (0.5 µgig) to have a higher concentration than Basins 2 or 3. Water chemistry may amplify mercury accumulation through increased methylation and tissue permeability. There are many examples from other studies across the country of elevated mercury in fish tissue form lakes with no known or indirect anthropogenic source of contamination yet have lake or watershed characteristics (such as sulfate, pH, alkalinity and conductivity) that promote mercury accumulation in fish tissue. Dissolved organic carbon, perhaps from wetlands or recent land disturbance, appears to increase terrestrial transport of mercury to lakes.

Sediment

Department of Ecology: In an effort to understand the mercury dynamic in Whatcom County lakes, the Department of Ecology in cooperation with the US Geological Survey and the Whatcom County Health Department studied Lake Whatcom sediments.

Surface Sediments: Thirty-one surface sediment samples were analyzed for total organic carbon (TOC), grain size and total mercury. Fifteen surface sediment samples were also analyzed for methyl mercury. Sediments off the mouth of tributaries tended to be predominantly sand and were relatively low in TOC. Basin sediments elsewhere were more than 60% fines and high in TOC as the lighter fine-grained material is transported away from the tributary before deposition. Basin 1 had the highest levels of TOC with considerable plant and wood material in the samples. Higher mercury concentrations tended to be where there was a prevalence of fine material. About 1i3 of the samples were above the Threshold Effects Level which is the level below which adverse biological effects rarely occur, and roughly 1i6 of the samples were above the Lowest Effects Level, the level at which adverse biological effects are seen in 5% of benthic species. Most values exceeding these levels were in Basin 1. 1

Methylmercury appeared to correlate well with TOC. Methylation of mercury can occur in the water column or in the sediments and generally under anaerobic conditions. Basin 1 has higher TOC levels and the most severe occurrence of oxygen starvation in the hypolimnion through the summer. Consequently, the highest levels of methylmercury were found in Basin 1. If the TMDL to address low oxygen levels is successful, the rate of mercury methylation is likely to decrease as well.

Sediment Cores: Sampling included sediment cores, located in the deepest part of each basin in hopes of finding the finest sediments and the most undisturbed vertical sediment profile. Sediment cores were analyzed for TOC, total mercury and total lead. The cores were also analyzed for Cs 137 and Pb210 to determine mercury accumulation rates and the time line for mercury accumulation. Sedimentation rates for Lake Whatcom are consistent with other lakes. Mercury concentrations began to increase above average around 1900 peaking some where between 1987 and 1995. Peak concentrations represent a two to threefold increase in mercury above pre-1900 levels. Mean surface sediment concentrations appear to be about 25% less than the peak 10 years earlier. The report suggests that mercury levels in the lake will continue to decline on a time scale consistent with sediment mixing processes in the lake. Note: This downward trend could turn around quickly as China is commissioning new coal fired power plants at a rate of one a week. 11i27i07 58 Tributaries: Surface water from 10 tributaries was analyzed every other month for 9 months to determine mercury loadings (Anderson Creek, Austin Creek, Smith Creek, Euclid Creek, Silver Beach Creek. Olsen Creek, Brannian Creek, Mill Wheel Creek, Carpenter Creek and Blue Canyon Creek). Tributary sampling was limited in that it missed peak rainfall events that would mobilize most of the loading of particulates and mercury.

Mercury levels in all tributaries were generally low during the monitoring period. One sample (12ng/I) from Blue Canyon Creek exceeded the chronic water quality standard. Anderson Creek was the most important contributor of total mercury loadings from surface water entering the lake accounting for 56% of the mercury loadings during these sampling events. Since mercury loadings were consistent in the other tributaries, the Anderson Creek contribution is likely a function of flow. Higher flows mean higher mercury loading. Atmospheric or other terrestrial sources of mercury were not included in this analysis.

Concentrations of mercury in Lake Whatcom sediments do not appear to be high when compared to data from other locations in the region.

US Geological Survey: The USGS report utilized the same data the Department of Ecology was collecting for sediment evaluation and incorporated other data, such as Ecology's earlier study on mercury contamination in edible fish tissue into a comprehensive report on mercury contamination in Lake Whatcom and five other Whatcom County lakes. The conclusions with respect to sediment and tissue contamination were similar with a few other observations of import.

Mercury in Lake Whatcom originated from atmospheric deposition of global sources; local incinerators (Thermal-Reduction Company Municipal Waste Incinerator, City of Bellingham Sewage Sludge Incinerator, Olivine Corporation Municipal Waste Incinerator), a Georgia-Pacific chlor-alkali plant and erosion of drainage basin soils. It can be inferred from the report, perhaps erroneously, that the majority of atmospheric deposition came and comes from global sources.

Total mercury concentration of 1 nanogram/liter in the surface water of Lake Whatcom is considerably smaller than in either the volume-averaged precipitation or in tributary inflow water, suggesting that mercury is being removed from the water column of the lake and deposited in the sediments.

Drinking Water

The City of Bellingham performs extensive monitoring of both raw water at the intake from the lake and water leaving the treatment plant. Nearly all compounds tested were below the limits of detection. Those that were detected were below the Maximum Contaminant Level, the health­ besed regulatory threshold level. Trihalomethanes, cancer causing compounds related to treatment, have been increasing over time as more chemicals have been necessary to treat algae­ related TOG contamination. A new chemical treatment has recently been instigated which reduced TH Ms. This is likely a temporary reprieve since TOG continues to rise and will likely overtake the improvements realized by the new treatment.

Ground Water

Lake Whatcom

The Lake Whatcom groundwater system can be divided into two principal ftow regimes: 1) ftow within the bedrock and associated overlaying sediments and 2) flow within the unconsolidated

11127107 59 valley deposits. Flow from the bedrock is generally through fracture joints and planes with very limited ability to supply groundwater (about 2 inches of recharge per year) or along the bedrock/sediment boundary into local streams, springs and seeps during precipitation events. Flow in the larger valleys, however, is through porous, unconsolidated material. Although the deposits cover only a small minority of the basin surface area, they transmit a lot of water in contrast to the bedrock (between 7 to 50 inches of recharge per year). Accordingly, the valley sediments play a key role in the transport of groundwater to the lake with the highest estimates occurring in the valley-fill deposits of South Bay. The combined estimated groundwater inftow from South Bay/Anderson Creek shoreline and Agate Bay shorelines was 62 to 72% of the total groundwater inflow estimates for the entire lake. Groundwater totals represent about 21 to 29 % of the total combined surface water and groundwater inflow into the lake.

A network of 14 piezometers was installed around the lake and sampled 4 times during the year (fall, winter, spring and summer). Samples were analyzed for total dissolved phosphorus (TOP), orthophosphate as phosphorus (orthophosphate-P or OP), nitrate+nitrite as nitrogen (nitrate-N), ammonia as nitrogen (ammonia-N), dissolved oxygen, iron, manganese, total dissolved solids (TDS), chloride, dissolved organic carbon (DOC), boron and methylene blue active substances (MBAS). As a rule, the sampling showed low values for parameters typical of anthropogenic activity (TDS,chloride, DOC ammonia-N, OP and TOP) in the relatively undeveloped areas. By contrast, sites in the vicinity of areas of human development showed elevated levels of these compounds. For example, chloride concentrations a factor of 5 greater than the other stations were detected at 2 stations on the northern side of the lake. The highest ammonia concentrations were detected at the far southern end of South Bay and adjacent to Bloedel Donovan Park. The highest OP measurements and very high TOP concentrations were detected adjacent to the Sudden Valley golf course where phosphorus and nitrogen fertilizers were applied over the last 30 years as well as regular irrigation during the dry season. Elevated OP was noted at Bloedel Donovan Park between the January and May sampling events. OP was also high at the South Shore and South Agate Bay sites. DOC was very high, relative to other stations, at Sudden Valley. DOC was also high at Bloedel Donovan and South Agate Bay.

Most of the orthophosphate-P loading from groundwater appeared to come from the South Bay shoreline (510 to 800 kg/yr) and the Agate Bay shoreline (190 to 310 kg/yr) with the bedrock component contributing about 180 kg/yr.

Y Road Landfills

In response to citizen concerns about potential contamination of groundwater in the vicinity of the Y Road landfills, the Washington State Department of Health performed a Phase I health consultation in 2000. Well drillers' logs were consulted in an attempt to describe the hydrology of the area. The tentative conclusion by Health was that there is a shallow, perched aquifer in the area is separated by 50 to 75 feet of relatively impermeable silt and clay from a deep, confined aquifer. The shallow aquifer appears to drain to Carpenter and Olsen Creeks. The deeper aquifer presumably drains to Lake Whatcom.

Samples were collected from some of the preexisting wells for analysis. However, laboratory reporting limits for several important contaminants were above the Agency for Toxic Substances and Disease Registry (ATSDR) comparison limits and potential health hazard could not be estimated. Anomalies in metals samples made them similarly useless for estimating hazard.

The report suggested that a Phase II sampling with a limited number of wells be conducted to determine the nature and trajectory of any contaminant plumes resulting from the landfills. It also recommended surface water sampling at Olsen Creek if it is downgradient of the landfill.

Bibliography 11/27/07 60 Anderson D, P Glibert and J Burkholder, 2002. Harmful Algal Blooms and Eutrophication: Nutrient Sources, Composition, and Consequences. Estuaries, Vol. 25, No. 4b, pp 704-726.

Maginnis C, October 2006. A Screening Level Integrated Ecological and Human Health Risk Assessment for Lake Whatccm, Whatccm County, Washington, Western Washington University.

Matthews RA, M Hilles, J Vandersypen, RJ Mitchell, and GB Matthews, 2007. Lake Whatccm Monitoring Project 2005/2006 Final Report.

Norton D, June 2004. Mercury in Lake Whatcom Sediments: Spatial Distribution, Depositional History, and Tributary Inputs. Department of Ecology Publication No. 04-03-019, Olympia WA.

Paulson, AJ, 2004, Sources of Mercury in Sediments, Water, and Fish of the Lakes of Whatcom County, Washington: US Geological Survey Scientific Investigations Report 2004-5084.

Pitz C, January 2005. Lake Whatcom Total Maximum Daily Load Groundwater Study. Department of Ecology Publication No. 05-03-001, Olympia WA.

Seiders K, 2003. Toxic Contaminants in Fish Tissue and Surface Water in Freshwater Environments,. Department of Ecology Publication No. 03-03-012, Olympia, WA.

Serdar D, D Davis and J Hirsch, 1999. Lake Whatcom Watershed Cooperative Drinking Water Protection Project Results of 1998 Water, Sediment and Fish Tissue Sampling. Department of Ecology Publication No. 99-337, Olympia WA.

Serdar D, J Johnston, K Mueller and G Patrick, 2001. Mercury Concentrations in Edible Muscle of ·Lake Whatcom Fish. Department of Ecology Publication No. 01- 03-012, Olympia, WA.

Washington State Department of Health. March 25, 2002. Technical Review Document, Draft Phase II Hydrogeologic Investigation, Y-Road Landfills, Whatcom County, Washington. Washington State Department of Health under a Cooperative Agreement with the Agency for Toxic Substances and Disease Registry.

A Primer on Water Quality: Pollutant Processes in Rivers and Lakes http://www1.agric.gov.ab.ca/$departmenVdeptdocs.nsf/all/wat3351

Appendix 6 Lake Whatcom Recreation Support Documentation

'Boatnotes: A handbook for Boater's on Lake Whatcom' This includes: Proper engine care to avoid pollution (pg. 7) Fueling rules and fuel disposal (pg. 9) Spill prevention and absorbent materials; 911 (pg 11) Follow boat maintenance rules (pg. 13) Follow boater's rules (pg.23) Speed limits, right away rules, safety equipment, age operating regulations Dump nothing overboard (pg 22) Enforce prohibition of two-stroke carbureted engine use (pg 5) Power craft must have a four-stroke engine in Lake Whatcom within city limits: two stroke carbureted engines are banned Boats should not transfer weeds from other lakes to infest LW (pg 22)

11/27/07 61 Safe Swimming Hire and train lifeguards for Bloedel-Donovan Park, who will also serve as Lake Whatcom Stewardship advocates for education and enforcement of rules in the park during the Summer season. Observe and enforce posting at the park for unsafe swimming (Heavy rainfall, or geese and dog wastes might impact water quality in swimming areas.) Avoid swimming with open wounds or infections. Proper disposal of diapers/ human waste Stay in designated boundaries for swimming: Follow sun protection guidelines. • Post guidelines such as "Topher's Rules for Safe Swimming" Learn to swim Always swim with a buddy Svvim in the designated area, and make sure an adult watches you Wear a life jacket if you cannot swim, or you are just learning to swim An inftatable air mattress or swim ring does not take the place of a life jacket Don't swim in very cold water. Swimmers can get hypothermia ((dangerously low body temperature) in cold water. Never dive or jump into unknown water No drugs or alcohol Obey al "No swimming" and other warning signs Never swim in a canal Lynda G.Nutt, CENWW-OD, 509-527-7135, Walla Walla, WA

Watershed Guidelines during Community Events and Activities

Parl

Safe hiking in the watershed Stay on approved trails to minimize erosion Follow city park rules Follow rules, and posted signs for protected land.

Continue to allow dogs in public areas Education and enforcement of proper disposal of dog wastes. Follow park rules (on and off leash areas.)

Continue Sport Fishing using guidelines Enforce Washington State sport fishing regulations, "Seasons and Rules pamphlet."

Decrease tourist road touring from adding to water shed degradation Program to encourage bicycles, walking, hybrid and electric vehicles Promote public transportation to offset pollution from gas engines Enforce the current truck ban.

Dock and float activities- minimize aquatic degradation of lake Enforce existing rules in Boatnotes: A handbook for Boaters on Lake Whatcom (Pg. 17-18) Implement new dock guidelines for Bloedel-Donovan Park to decrease impact of harming aquatic life

11/27/07 62 All replacement docks should be equal square footage and length, or less. A larger footprint must not be created by dock replacement.

Public Education Program to enhance good stewardship of the lake Provide written and on-line materials regarding compliance with all aspects of safe lake recreation Adopt Washington State boating safety law requirements for boaters. Establish Citizen restoration projects Create a "Best Practices" model of watershed care at Bloedel-Donovan Park. ' Establish Community Green Awards to promote "Best Practices" and spread educational messages

Appendix 7: Pure Drinking Water Background

Lake Whatcom, which was designated Lake Whatcom Reservoir in 1992 to indicate its significance as the water source for over 90,000 people, is showing the negative effects of years of neglect. Development in its watershed and poorly monitored recreational use over many years have fi'nally begun to take their toll on the Reservoir's water quality. Many cities long ago took major steps to protect their water supply. Seattle's Tolt River watershed is so well protected that an unauthorized person cannot get near the water- there are no housing developments and no recreational vehicles on the water. New York City secured its water supply in the 1800's. As cities both near and far were protecting their drinking water, Lake Whatcom was designated a "multipurpose lake." Simply the antithesis of how people should have been viewing their water supply.

There are approximately 4,200 federally defined public water systems in Washington State. Of these, Bellingham is one of fewer than 200 which use surface water as a source. The federal Environmental Protection Agency is charged by the Safe Drinking Water Act to establish standards of purity for drinking water and require that assessments be made of drinking water sources. Thus, Washington is required to assess each of these public water systems. The assessment is to contain three parts:

Delineate the source water assessment area. Conduct an inventory of potential sources of contamination. Determine the susceptibility of the water supply to contamination.

For a more complete description of the assessment process see: http://cfpub.epa.gov/safe,~rater/sourcewater/sourcewater.cfm?action=Assessments#swa

The state seems to have asked Bellingham to prepare this assessment. In fact, Bellingham's Department of Public Works has prepared a substantial document, the Water Source Protection Plan for Lake Whatcom, which is said to contain much of the required information. However, the plan is unavailable to the public, reportedly because of the threat of terrorism.

Although the lumber mill and coal mining operations were not good for Lake Whatcom, it is only recently that the pressure of civilization has truly begun to degrade the water quality. The Reservoir is changing from the pristine lake left by the previous glacial retreat into a body of water with a heavy load of organic matter, mostly from various forms of algae. Technically, one says that the lake is undergoing eutrification; the process in which oxygen is removed from the water by the decomposition of large amounts of organic matter. In 1998, the state Department of Ecology declared that the Lake Whatcom failed to meet the water quality standards set up by the federal Clean Water Act. [page 14, Stewards of the Lake, A City ofBellingham Guide to the Lake Whatcom Watershed, 2007]

11127/07 63 The loss of oxygen in lake waters is obviously bad for fish, but some of the same organic matter ends up being chlorinated when the water is treated for drinking. When chlorination was widely introduced in the early l 900's, it was successful in eliminating disease organisms from drinking water. However, in 1974, it was discovered that chlorinating water containing organic matter created several organic compounds, including four that are called trihalomethanes, or THMs for short. Today, over 600 organic compounds have been identified as chlorination byproducts in drinking water. www.cdc.gov/safewater/publications pages/thn1.pdf Most of these compounds have complicated chemical names, but there is one that most people are familiar with, namely chloroform. Chloroform is the most studied of the chlorination byproducts. It is a known animal carcinogen and a suspected human carcinogen. The other THM compounds fonned during the disinfection process are carcinogenic and mutagenic. Positive correlations have been observed between the concentrations of these compounds in drinking water and bladder cancer, brain cancer, lymphoma and kidney cancer. Because of concerns about the possible health effects of chlorination byproducts, the EPA has established a maximum contaminant level (MCL) in drinking water of 100 micrograms per liter (ug/L) total of the four THM compounds. "Other countries have more stringent requirements. Germany and Switzerland have an MCL of 25 ug/L (Pieterse, 1988). In addition, Amsterdam has stopped the chlorination of drinking water because of health concerns about the ingestion of these compounds (Pieterse, 1988)." http://pubs.usgs.gov/circ/circ 1 133/chlorinating.html One does not have to drink the water to be exposed to chlorination byproducts. "In populations who take hot showers or baths, inhalation and dermal absorption in the shower accounts for more exposure to THMs than drinking water." www.cdc.gov/safewater/publications pages/thm.pdf What can be done about this problem? There are two obvious courses of action; reduce the amount of organic matter in the source water and/or adjust the water treatment procedure. For the former, attention has focused on phosphorus, the element most closely linked to the excessive growth of algae. Phosphorus enters the lake in runoff from areas fertilized with phosphorus containing fertilizer and from exposed soil, since our soil is relatively high in phosphorus. It is also brought in by geese who feed on grass both near and far before returning to watershed to nest and roost. Notice that people have created all three of these phosphorus sources: the fertilizer from landscaping practices; the disturbed soil from ongoing development; and the geese from converting much of the watershed habitat from native forest to lawn based landscaping. The second course of action, changing water treatment, brings us to the questions: Can chlorine byproducts be completely removed from our water? and if not, Are there safer water purification methods? Both these questions are being actively investigated around the globe. Just as chloroform has been supplanted by other anesthetics, it may be time to replace chlorination with some other purification process. As noted above, some places have already moved away from chlorination.

Canada geese are charged with threatening the health of our community and our water supply. The first charge is that geese, being warm blooded, may harbor disease organisms which could get into the water via their droppings. However, whether geese transmit diseases to humans is open to debate; many sites on the web address this issue. Since disease organisms are unlikely to make it past the water treatment plant, this is not an issue for drinking water. The second charge is that geese droppings themselves carry phosphorus from fertilized turf into the Reservoir. How much phosphorus geese actually move is a subject for research. True, geese produce pounds of waste, but most of it is water. [One analysis found that 1,000 lbs of wet goose poop contained a little over half a pound of "wet phosphorus."] It is the mess created by geese that tends to bring the issue of geese to the fore. Certainly allowing a golf course right on the largest basin of the Reservoir to continue

11/27/07 64 applying phosphorus to their turf is adding to the phosphorus load in the water. Phosphorus, being an element, does not go away when applied as fertilizer, hence the phosphorus ban for everyone else in the watershed. Aside from grass clippings being trucked out of the watershed, there is little chance that phosphorus applied to turf will avoid deposition in the Reservoir sooner or later. The permanent goose population in the watershed is relatively recent, dating back to the l 960's. Exactly how and why resident goose populations have been established across the US is both complicated and fa-;cinating. Basically, people have created a non-migratory Canada goose subspecies and provided the perfect year round food source for it, namely mowed grass. http://seattletimes.nwsource.com/html/pacificnw07172005/coverstoiy.html, http://www.gardensalive.com/article.asp?ai~550&bhcd2~ 1 19039503 7

The problems of chlorination have Only recently become public knowledge across the nation. This is due to a modification of the federal Pure Drinking Water Act. The original Pure Drinking Water Act, adopted in 1974, did not provide for water source protection or public disclosure of water quality. This changed dramatically in 1996 when sources were included in the Act and a provision was added which required all community water systems to prepare and distribute annual reports about the water they provide. This is why one will now find reference to the amount ofTHMs in drinking water from systems throughout the US. Trihalomethanes refer to only four of the organic compounds that can be created by chlorination. Since there are so many of these compounds, the level of trihalomethanes is now used across the country to indicate the level of drinking water contamination caused by the combination of organics in the source water and chlorination.

Another concern for the Reservoir's water is that it has been found to contain benzene. The amounts detected have been low but benzene is a known carcinogen. At present, it is not possible to remove benzene as it passes through the treatment plant. Benzene comes from the gasoline used by cars and trucks around the Reservoir as well as gasoline powered water craft on the lake. Benzene has both short tenn and long term health effects when people are exposed, these include immune system depression and cancer. There is no "safe" level for benzene in drinking water, thus the EPA has set the Maximum Contaminant Level Goal for benzene at zero. However, the EPA has set the Maximum Contaminant Level (MCL) "at 5 parts per billion (ppb) because EPA believes, given present technology and resources, this is the lowest level to which water systems can reasonably be required to remove this contaminant should it occur in drinking water." Between 1993 and 1995, the EPA required that each water system test for benzene every three months for a year. If the amount of benzene consistently fell under 5 ppb, then no more testing was required. http://www.epa.gov/safewater/contaminants/dw contamfs/benzene.html

An interesting provision of the 1996 amendments to the Pure Drinking Water Act is the following: "The federal Environmental Protection Agency must conduct a thorough cost-benefit analysis for every new standard to determine whether the benefits of a drinking water standard justify the costs." This means that even if there is no safe level for a substance to occur in drinking water, as is the case for benzene, the EPA is required to provide a "maximutn contaminant level" of that substance based on the cost benefit of trying to remove it all. (http://www.atsdr.cdc.gov/HEC/CSEM/benzene/standards_ regulations.html#tab I )

One Reservoir contaminant that may escape notice is smoke. Whether the burning is outside in a bonfire or slash burning or inside in a fireplace or wood stove, the compounds created by incomplete combustion do not stay in the air. Some portion of them enters the Reservoir either directly from the air and rain or indirectly through runoff. These pollutants must then be treated along with the other contaminants coming into water treatment plants. This is one source of contamination that is not

11/27/07 65 limited to the watershed proper. Any burning upwind from the Reservoir can add to the water's pollution. A special case of burning occurs with fireworks. The pretty colors in fireworks are created by burning metallic compounds. Use of fireworks within the watershed adds heavy metals to the water every year around July 4th.

As concern has grown about the quality of our water, some local officials have favorably compared our water to contaminated supplies found in the middle of the country. They do not choose to compare our water to Seattle's or New York's superior supplies. True, our water supply is not likely to degrade to the level of the lower Mississippi River, but this comparison only suggests complacency on the part of those who make it. The time for complacency is long past, we all need to become "Stewards of the Lake" in order to insure that our drinking water is safe for those who live here now, for the people moving into the Bellingham area, and for all the generations to come.

11/27/07 66

L 2007 Silver Beach Neighborhood Plan Update Process: Presented in support of the Silver Beach Neighborhood 2007 Plan Update Table of Contents

Re-establishing the Neighborhood Association ...... 3 Neighborhood Plan Development ...... 3 SBNA September Open House Comments & Responses ...... 9 Sample Ballot ...... 52 Voting Results ...... 63 October & November Plan Comments & Responses ...... 75 Silver Beach Plan Voting Minority Response ...... 97 Comments & Responses Regarding the Plan Update Process ...... 111 Silver Beach Neighborhood Plan Authors ...... 125

2 Re-establishing the Neighborhood Association

The Silver Beach Neighborhood Association (SBNA) Board was reestablished in November 2006 with a full slate of interim officers. Nominations for permanent officers were forwarded in December and officers were elected in January 2007. The board identified two major initiatives:

I) Write a new neighborhood plan, and 2) Reinvigorate the Silver Beach Neighborhood Association.

This document describes the process used to accomplish the first item.

Neighborhood Plan Development

Motivation and Purpose The first Silver Beach Neighborhood Plan, completed in 1980, was seriously outdated and in a format completely different than the City's Comprehensive Plan. An update of that plan, which included few, minor changes, was adopted by the city in 2005. This latest update has been fueled in large part by concerns that the water quality of Lake Whatcom Reservoir was rapidly deteriorating. The Board decided to entirely rewrite the Plan consistent with the City's guidance and compatible with the City's Comprehensive Plan. Four work groups were established that would divide the work of rewriting the Plan:

• Neighborhood Character, • Capital Facilities, • Zoning and Land Use, and • Lake Whatcom . • See the last section of this document for a list of work group participants.

From the outset, the Board was committed to a transparent and fair process that would advance the Plan favored by the majority of the participating Silver Beach residents and also represent dissenting views so City officials taking action on various plan elements would understand the extent of consensus and the context of concerns raised

Neighborhood Notification The Board further decided that the two major initiatives would be best served by a series of interesting, informative programs and by aggressively attempting to involve Silver Beach residents in the Association. Residents were notified of meetings through several mechanisms:

•!• Signs announcing upcoming meetings were displayed throughout the neighborhood. Initially,15 signs were posted then increased to 25 later in the year. •!• Upcoming meetings were advertised several days in advance in the Bellingham Herald, Cascadia Weekly, and Whatcom Independent. •!• Meetings were announced on radio stations owned by Cascadia Radio Group - KGMI, KAFE, KBAI, KISM, and KPUG - several days before the meeting.

3 •!• Emails were sent to everyone for whom we had an email address about 4 days in advance of meetings. Over time this list has grown to over 140 individuals who are regularly notified of meetings and important developments. •!• Postcards were mailed to the entire neighborhood in advance of the February, June and September meetings using the City's Silver Beach address list. •!• Finally, a web site was established that advertises impending meetings, posts significant developments and contains important documents relevant to the neighborhood including the Plan as it developed.

Meeting Programs and Attendance The Silver Beach Neighborhood Association's (SBNA) programs early in 2007 were designed to educate neighborhood residents and those researching and writing the draft Plan regarding various aspects of city planning. SBNA hosted the following programs over the past year: November 2006 - Election of interim officers and association organization December 2006 - Nominations for permanent officers and Neighborhood Plan organization January 2007 -Mike Hilles discussed Lake Whatcom monitoring and Peg Wendling provided background and information on drinking water treatment and delivery. Joan Beardsley encouraged our efforts and endorsed the need for aggressive action to save Lake Whatcom. Permanent officers were elected. February 2007* - Kim Spens and Kurt Nabbefeld enlightened the Association on zoning history and practices, especially as they relate to Silver Beach. March 2007 - Jason Porter and Bill Riley reviewed the practices and limitations of stormwater control. April 2007 - Paul Leuthold gave a presentation about our park system and future plans for it. Fritz Anthony informed us of city plans for upcoming paving projects. May 2007 - Alfred Arkley and Kate Grinde of our neighborhood gave a presentation about the colorful history of Silver Beach. Heather Higgins-Aanes and Clare Fogelsong described and invited us to participate in the Stormwater Retrofit Program. June 2007 * - Group leaders responsible for the various elements of the new Neighborhood Plan shared their preliminary findings with the audience. July 2007 - Neighborhood sponsored Candidates forum. August 2007 - A neighborhood picnic with featured guest Robin Matthews who spent two hours answering questions about Lake Whatcom. September 2007 * - An Open House format was selected to roll out the draft Neighborhood Plan and solicit comments from the neighborhood. October 2007 - Meeting to vote on the revised Plan. The agenda included an overview of changes made to the Neighborhood Plan based on comments received at the September Open House, questions, and comments about the Plan and voting process. November 2007 -Presentation of voting results, overview of the City's next steps and opportunities for public involvement through the City and SBNA. Followed by nominations of SNBA officers.

*Postcard mailed to all SB residents & property owners 10 days prior to the event.

4 Meeting Attendance

Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct

Plan Development Process The first step in the Plan development process began in early January 2007 at which time a schedule for delivery of a final document to the City in November 2007 was proposed. Data collection, research and initial writing occurred from January through May 2007 in preparation for rolling out a very rough draft in June 2007. During this time, members of the small groups collected and absorbed information, and presented draft language to their group at periodic group meetings. The ideas and language were debated in these sessions and further research and refinement ensued. Monthly Neighborhood Association educational meetings provided actditional information, contacts and source material to be used for the plan's development. At every Association meeting, attendees were encouraged to join one or more of the 4 work groups and time was set a side during the last 20 to 30 minutes of the meeting to meet with the groups. After the June 2007 meeting, work groups continued to meet and further refine the document for the September Open House. The Zoning work group was comprised of~ix individuals;. Fi_ve people worked on the Capital Facilities element. Six people were involved with Neighborhood Character and eight individuals worked on Lake Whatcom.

Public Review & Comment Each work group was open to additional neighborhood involvement throughout the drafting of the Plan. In June 2007, the first product, a very rough draft, was presented at the SBNA's regular monthly meeting. People were encouraged to ~ubmit comments ~t t_h3:~~j~~-· __ !h~-~~p~~ip_~~!- 2007 Silver Beach Neighborhood Open House provided a structured process for community members to review all proposed Action Items in the draft Plan and provide comments. Stations were established throughout the room, one for each section of the Plan where posters of proposed Action Items were hung on walls for community members to review and comment on. Work Group members at each station encouraged community members to:

1) Learn about the section of the draft plan and review the contents; 2) Ask questions about the process or draft plan content; 3) Give detailed feedback- via comment cards and to indicate if they supported (green dot) or had concerns (yellow dot) about specific elements of the proposed Plan;

5 4) Join one or more of the small work groups to make recommendations based on the community input from the September comments; and 5) Encourage participation in the October voting on the Plan.

All comments received and a tally of the support/concern dots were entered verbatim into a 'SBNA September Open House Comments & Responses' document found on page 9. As a follow-up to the Open House, everyone was invited to attend a series of small work group meetings where recommendations - based on comments received at the Open House - for changes to the Plan were discussed. The teams then developed responses to the comments, including changes in Plan text if deemed appropriate and a rationale if the Plan text was not changed. The revised Plan and comment response document were posted on the Silver Beach N.eighborhood Association's website on October 1. An email notification was also sent that day out regarding the update's availability. It also restated the information provided in handouts at the September Open House indicating the next steps for the Plan development, review and voting date, time and process.

Community Voting on Plan Elements

Development of Voting Process The Silver Beach Neighborhood Association developed a voting ballot (see page 52) that would provide neighborhood residents and property owners an opportunity to provide maximum input on the specific action items. The voting process was developed to ensure the privacy and integrity of the votes. Additionally, this process took into consideration the limited time of volunteers, limited resources for supporting ballot integrity, and the desire to limit any perception of opportunities for vote manipulation. The process the Board developed included:

• Voters had to be present to vote • Proxy and absentee votes would not be allowed • The 2-envelope ballot process to: 1) Assure the secrecy of individuals votes 2) Track that all votes cast were made by residents or property owners within in the Silver Beach neighborhood boundary area as defined by the City of Bellingham

Voting Voting was conducted on Thursday, October 11, 2007 from 7:00 - 9:30 p.m. at the Bloedel Donovan Park Gymnasium during and following a brief presentation on the modifications made to the original Plan as a result of public comments made at the September Open House or received by email.

Step 1 Individuals wishing to vote needed to provide names, addresses and phone numbers at the registration table after which they received a ballot in an unmarked envelope. Step 2 Individuals voted and put their ballot back into the uurnarked envelope and sealed it.

6 Step 3 At the ballot box, individuals were required to put their sealed envelope into another envelope on which they wrote their name and street address. This second, sealed envelope with the name and address on the outside went into the ballot box.

At 9:30 the voting period ended and the ballot boxes were secured by Silver Beach Neighborhood Association Board members. The remaining unused ballots were hole-punched at 9:30 to ensure they were not used. The ballot boxes were locked in an SBNA Board member's vehicle in a secured garage overnight and brought back to Bloedel Donovan Park Pavilion the next morning for the ballot verification process, which is outlined in detail below. Of the 193 names signed in, three individuals signed in for spouses not present at the meeting; one of these signed in for their spouse twice.

Verification of Residence or Property Ownership Verification ofresidence took place on Friday, October 12, 2007 at the Bloedel Donovan Park Pavilion. To preserve a transparent process, volunteers were requested from the community meeting the night before, principally to give the vocal opposition an opportunity to either witness or participate in the process. Mike Robinson, Corinne Hansen, Debbie McCunn, Joan Dudley, Alfred Arkley, Myron Wlaznak, and Mike Johnston were present to verify residency of those who voted. Mary Dumas of Dumas & Associates was present as an observer of the verification process.

~Volunteers opened the ballot box and checked the street address on the outer envelope against the meeting registration list and the City ofBellingham's list of addresses within the Silver Beach neighborhood boundary area. If an envelope was included that did not have an address, or the name/address could not be cross-referenced to the City's database address list a call was made to attempt to verify residency verbally. Step 2 Once the address was verified, the outer envelope for verified residences was opened and the white, sealed envelope containing the ballot was put into the ballot box. Step 3 The addressed envelopes were placed in a separate container for use as an audit trail. The number of the addressed envelopes should equal the number of ballots counted. These envelopes provided a record of whose ballots were counted but not how they voted.

There were 191 manila envelopes in the ballot boxes. Three of the ballots were checked for residency and confirmed upon discussion with the landowner/ resident. Three of the manila envelopes were not included in the final ballot count as two of these were submitted by individuals on behalf of spouses who were not present at the meeting and one did not contain an address on the outside. (Those submitted on the behalf of spouses are included in the table of 'Tally of votes submitted outside the sanctioned voting process'.) Following the ballot verification process, the box with white envelopes containing ballots and the box with the opened manila envelopes were placed in a SBNA Board Member's car, driven to the member's home and remained locked in the car the weekend of October 13th and 14"'. The car was driven to Bloedel Donovan on October 15th and the ballots taken to the Pavilion Building for counting.

Ballot Counting Counting of the ballots took place on Monday, October 15, 2007 at the Bloedel Donovan Park Pavilion. To preserve a transparent process, volunteers were requested from the community

7 meeting to give the vocal opposition and other community members an opportunity to either witness or participate in the process. Arlene Rance, Mike Johnston, Debbie McCunn, Mike Robinson, Trish Robinson, Coreen Hansen, Audrey Borders, Joan Dudley, Ken Bell, Glenda Exner, Myron Wlaznak, Lee Everett, Lee Baron, and Alfred Arkley conducted the ballot count. Robert Gerel and Mary Dumas were present as observers of the process.

Step I The box containing the ballot envelopes was opened and ballots were counted by teams of two comprised of Silver Beach Neighborhood Association Board members partnered with a community member volunteer. Step 2 Each team conducted the following steps to sort the ballots before counting I) opened all white envelopes and sorted into three stacks: I 00% yes ballots, I 00% no ballots, and mixed vote ballots.

Step 3 The two individuals then verified the number of all yes and all no ballots and signed the certification sheet. These ballots from all tables were then grouped and set aside.

Step 4 The counting teams then counted the ballots in batches of20. Each person in the team completed an individual tally sheet. Pairs had the option to tally ten ballots at time individually or they placed the stack of20 ballots between them and tallied individually off the same ballot. The pairs then switched ballots and tally sheets and checked each other's work. Ifthe totals matched, then the team verified the results with the compilation team. If the totals did not match, the team worked together to resolve errors.

Step 5 Two individuals were assigned to the compilation task. The confirmed tally sheets and ballots from the counting teams were banded together and provided to the compilation team, which then verified that all ballots had been received from the counting teams. The compilation team then totaled the results by Action. The totals were then independently verified for the final count. See 'Voting Results' section for tally by Actions.

Final Plan Development The completed tally of votes was used to determine the final revisions to the Silver Beach Neighborhood Plan. Plan authors retained Actions that had a majority yeah vote and removed those Actions with a majority no vote. All vote results along with associated comments and responses are included later in this document. A small work group identified any Actions on the ballot that were identified by community members as I) overstepping the Group A proposal guidelines provided by the City of Bellingham, 2) address areas outside the boundary area of the neighborhood, or 3) are inconsistent with the City ofBellingham's Comprehensive Plan. The results of this review are included in the final Plan submitted to the City. Public notification of the vote results were emailed and posted on the SBNA's website approximately 2 weeks following the vote.

8 Silver Beach Neighborhood Plan Authors

We'd like to thank the Silver Beach residents who, together, have generously donated more than 5,000 volunteer hours over the past year researching issues, attending local government meetings, seeking out relevant data from experts and consultants and actively pursuing input from Silver Beach residents. We are fortunate to have such diverse expertise amongst our neighbors and even more fortunate that they are willing to give so generously of their time. This was a group of educated and talented people who were willing to engage in the civic process and donate long hours to develop a quality Neighborhood Plan. To demonstrate the diverse backgrounds and education levels, a sampling of some individual volunteer profiles follows: • Alfred Arkley, A.B. Harvard, Government; M.A. Columbia, International Relations & African Studies, M.A., PhD. Michigan State University, Political Science. Western Washington University, Assistant Professor, political science & public administration 5 years, University of Illinois at Springfield, Professor of Management, 24 years. Management consultant and trainer, 30 years, Board, Whatcom Dispute Resolution Center, Tutor, Whatcom Literacy Council.

• Bill Bode, B.A., Architecture, M.S. Economics, University ofldaho, 2 years on Planning and Zoning Commission, Moscow, Idaho, elected to Moscow City Council for two 4 year terms, President of Council for 4 years, acting Mayor of Moscow Idaho one year, President of Moscow Hotel Company since 1978.

• Mike Johnston, B.S., U.S. Naval Academy; Environmental Management Certification, USC; served 5 years as an officer on a nuclear submarine, 27 years of public service with the Environmental Protection Agency, retired EPA Laboratory Director.

• Steve Hoekstra, B.A., Business, University of Washington, Pacific Coast Banking School, 30 years in Commercial Banking, currently manages the commercial banking line of business for Horizon Bank.

• Mike Robinson, served 4 years in the U.S. Navy, earned BA Ed, Western Washington University, MA Ed, University of Oregon. Served seven years as an elementary school teacher and one as a public librarian. Served as elementary school principal for 24 years. Appointed to the Bellingham Mayor's Advisory Commission, representing Silver Beach, for the past 4 years. Chairman of the Silver Beach Neighborhood Association for one year.

• Myron Wlaznak, University of Great Falls, Great Falls, Montana, degree in Business Administration. Company grade officer in Anny 4 years, worked for a time in the fishing industry before migrating to the electronics hardware industry, retiring as VP of

125 ,~ .

Operations for a medical engineering, design and manufacturing company. Involved with the Silver Beach Neighborhood organization for over ten years

• Debbie McCunn, B.A., Urban Studies, University of Washington, M.A., Regional Development, University of Newcastle Upon Tyne, England, 20 years experience in banking and economics.

• Larry Mansfield, B.A., Whitman College, Ph.D., University of Washington, Mathematics Professor, Queens College, CUNY, Flushing NY, owned & operated computer consulting company.

• Joan Dudley, B.A. Cornell, Government, M.A. Columbia Teachers College, Education & Latin American Studies, Western Washington University, Teaching English as a Second Language. Whatcom Community College, Instructor, Family Literacy ABE, Lake Whatcom Residential & Treatment Center (formerly Blue Canyon Foundation), Assistant Director, Staff, Human Resources, 30 years. Bellingham Street Academy, Director, 3 years, Northwest Youth Services, one of the founders. Skill Advancement, Inc., New York City, Executive Secretary & Teacher, 5 years.

• Sally Grant, B.A. Washington State University, Sociology & Psychology, M.S.L.S., Library Science, University of Illinois. Whatcom County Library System, Law Librarian & Library Service Coordinator, Volunteer for Planned Parenthood, Whatcom Land Trust, Humane Society, Big Brothers & Sisters, and local school PTA's.

• Tisch Lynch, BSN, Syracuse University, Syracuse, NY, MA Ed. from Lesley University, Cambridge, MA, past Parish Nurse Coordinator at SJH, now serving as a Parish Nurse at Christ the Servant Lutheran Church.

• David Lynch, M.A., M.D., Family Physician.

• Jan Hayes, attended Western Washington University, Washington State University, & University of Washington. Certified Master Kitchen and Bath Designer. 30 years experience in residential design and construction. Member of Bellingham City Center Design Review Board.

• Allan Richardson, B.A. Pomona, Anthropology & History, M.A. Anthropology, University of Washington. Whatcom Community College, Instructor of Anthropology, 37 years, Consultant, Nooksack Indian Tribe, 33 years.

• Paula Wlaznak, Western Washington University & Washington State University, Natural Science, 30 years experience in the design, construction, and renovation of environmentally sustainable buildings and residences. Volunteer, Silver Beach Neighborhood Association, 10 years.

126 • Lori Polevoi, B.A., Journalism, Urban Studies minor, San Jose State University. Communications & Development Director for Interfaith Coalition 5 years, health care public relations 20 years, freelance writer for various water and sanitation districts, developed educational children's garden at elementary school, volunteered with Bellingham School District for 6 years.

• Gene Davis, retired U.S. Border Patrol Deputy Chief, security consultant Pakistan and Republic of Georgia.

• Marian Beddill, B.S., C.E., M.S. Meteo, retired water management consultant.

• Kate Grinde, M.A., Landscape Architecture.

• Sue Taylor, M.A. Ed., retired teacher, Native Plant Nursery owner.

• Lee Barron, MA Ed., retired history teacher.

Approximately 24 individuals contributed to the 2007 Silver Beach Neighborhood Plan. The diverse authors included: • At least 4 boat owners

• At least 3 waterfront property owners

• At least 22 property owners and at least I renter

• Both Democrats and Republicans

• At least 2 individuals in the construction industry

• One retired EPA laboratory director

• One former mayor (of Moscow Idaho)

• One doctor and one nurse

127 SBNA September Open House Comments & Responses

Plan Element Comment Response Section - Action Item Verbatim comment from 9-13-07 Open How was comment applied in Plan House revision?

Chapter 1: Neighborhood Character Green dots 24 (Indicates approval of entire chapter) Yellow dots 5

General Comments Comment 1. Crime has been increasing in Response 1. We have made no change to the the Silver Beach area: home invasion section on safety. A review ofthe crime attempt at Mooers, Robbery at Mooers, statistics from 2002 to present indicate no Home invasion at Dallas residence on clear evidence ofan increase of crime in Dakin, peeping Tom at Wade/Deb Silver Beach. The home invasion increase, Hendrickson at Northshore. Drug deals at for example (Burglary - residential) for 2007 Silver Beach Grocery as Dan who works at (Jan. -Sept.) is 6; for all of2006 was 12, store. (Doug Mooers) 2005 was 15, 2004 was 7, 2003 was 17, and 2. Change "maintain neighborhood 2002 was 6. Drug deals for 2007 (Jan.-Sept.) character", Part 3, p. 5 to is 1; This does not include the drug bust on "Enhance/promote/neighborhood Dakin. For all of2006 were 8, 2005 were 3, character" (Doug Mooers) 2004 were 3, 2003 were 5, and 2002 was 1. 3. Enforce with education and mailings - Although individuals who are the victims no signs on utility poles! We should discuss want more police presence, it is difficult to this! (Susan Edgar) make a case for more ofa police presence in 4. Part 3, pg. 5, "est. environment model light of the statistics. for all Lake Whatcom" arrow perhaps not 2. Replace "maintain" with "Enhance and within our arena of "character" (Linda promote" Part 3, page 5 last sentence. Bergsma) 3. This is an existing ordinance that the city 5. Part 2, pg. 5 Strengths & Weakness, can enforce. please add comment following: 4. What is tlone for the watershed in "Unfortunately many others continue Whatcom County will depend upon the practices ••••• Something to the effect that actions ofthe county government. However, "many others including residents outside the City can and should address watershed Silver Beach neighborhoods continue issues within its boundaries.

9

~~,b·~ l:> practices" (Linda Bergsma) 5. Add "including residents outside Silver 6. Editing pages 3 to 5 as follows: Beach neighborhood" after the word "others Part 1 Vision Statement add "& Goals" to in the last sentence under Strengths and Silver Beach 2020; Part 2 Past and Present Weaknesses (Part 2, page 5). add commas to By the 1970's "," From 6. Part 1 " & Goals". The City in its template 1980's to 2000 "," uses the words "Vision Statement" and we 7. Question about "eight percent of Lake will follow the city guidelines. Whatcom" is this by surface 7. Yes measurements? 8. These are the most recent population 8. Silver Beach population, anyway to get numbers we could obtain. more recent stats!!!? 9. This is just one method used to indicate 9. Using free lunch as an indicator of the neighborhood's relative wealth. It neighborhood's relative wealth how indicates the household income level ofthe defined? Property value? Resident's families with children in the neighborhood. income or assets? JO. Replaced " ...Alabama and Barkley hills IO.Neighborhood Character pg. 4 change to the east ... " with " ...Alabama and "east" to ''west", add ","after hilly Barkley hills to the west ... Deleted "unique" neighborhood and delete "unique", add"," on sentence 3. Replaced "with" with after "web site", Replace "with" after small "having" on sentence 1, paragraph 3, sites to ''having" Neighborhood Character. 11. Question Lots zoned how big? at 11. The details on lot size are described in bottom of page 4. the Land Use section ofthe Plan. 12.Development Patterns, page 5, add "In 12. Sentence adjusted otherwise addition" before "Teardowns" 13. Add "lakeside" before "neighborhood" 13. Part 3 Broad Goal Statements for the last sentence. Future, page 5, last line, add "lakeside" before "neighborhood's" (Joyce Prigot)

10 Cba(!ter 2: LAND USE & ZONING Green Dots 28 (Indicates approval of entire chapter) Yellow Dots 5 (Indicates concern regarding entire chapter) LUZA ~ 1 Consider a building moratorium to Comment 1. You have stated that there are Response 1 &2. Until water quality improves limit further development in the Lake less than 60 homes in the SB in the Lake Whatcom watershed, there Whatcom Watershed until water quality Neighborhood. A moratorium would not should be no further development anywhere improvements in Lake Whatcom are verified. be an effective solution. A threat of a in the watershed. Green dots 2 moratorium would cause me to build 3. LWSMA 1 in the lake Whatcom section Yellow dots 13 sooner that I would. (Ken Bell) addresses this point. Many stormwater 2. I feel land owners (lot owners) should be solutions involve low technology and low able to build on their property (lots) so long cost such as rain barrels and dry wells. We as approved density limits are followed! believe costs for more expensive solutions (Robert L. Blore) should be shared or funded completely by 3. Oppose mandate on individual City grants such as the Stormwater Retrofit homeowners. Instead collect water on Program. lakeside of Northshore & Electric and pipe 4. Jn Bellingham, Silver Beach residents are water to a treatment site. Pay with tax on contributing the most to Lake Whatcom 's fuel in Whatcom. (Doug Mouers) problems and have a responsibility to 4. Why put the burden on those who live in address them. the watershed - everyone drinks from the 5. Comment does not relate to the action lake. item 5. Why limit good use of space by not These standards are desirable, but do not allowing 2 stories? Makes no sense. (Linda mitigate water quality concerns Colbert) 6. Rather than a moratorium on further building, establish LEED Silver standards for construction of new building. It is then possible to reduce the ecological impact of new structures significantly. Rather than restrictions, allow better methods/design to allow new structures. (Jan Hayes) LUZA - 2 Land use designations should be 1. Don't agree with changing density 1. Vested entitlements will not be altered by adjusted in areas where appropriate, including without compensation for land owners a rezone Changing the designation of Areas 3,6,11, and whose property has been devalued. (Bob 2. This is a building code issue not addressed 14 to Residential Single, Low Density; Bray) in the Plan

11 Changing the designation of Area 13 to limit 2. I have a I story house on Seeley in Cul- 3. Only a portion of existing properties further development; Changing the designation de-Sac. If I wanted to build a 2nd story would be nonconforming, but vested rights on Section 18 to reflect the current use and and improve my square footage (upward) are grandfathered. decrease density. would this be possible? (Ruth Ashworth) 4. The plan includes grandfathering vested Green dots I 3. Changing density would make all entitlements. Yellow dots 15 existing properties non conforming. (Ken 5. The Plan does not prohibit a 2nd story. Bell) 6. Legal processes for a rezone will be 4. Leave existing platted lots alone - followed including public notice and grandfather the existing platted legal lots participation. under old plan. They were purchased under that zoning. No problem with restricting the division of lots of establishing new lots. ( Ken Bell) 5. Should not be limited - only limited for footprint for same reasons as above. (Why limit good use of space by not allowing 2nd story? Makes no sense. (Linda Colbert) 6. Please notify property owners if they are affected by a downzone in writing to let them know the impact to their property (Ken Bell) LUZA - 3 Limit house size to 2,500 square 1. Oppose size restriction to 2,500 sq.ft. We have removed this recommendation, and feet or 35% of lot size. The size limit needs to be discussed in more endorse the current Silver Beach Ordinance Green dots 0 detail with more people from the limitations on footprint and impervious Yellow dots 25 neighborhood. Perhaps have in-home surface. meeting. (Doug Mooers) 2. Cannot limit house size to 2,500 sq. ft. Plan must allow for 2 story construction or 2 story with walk out basements as this does not change the non-pervious surface area of the property. (S. Hofer) 3. No limit on home size - Footprint only. (Pete Coy) 4. Area of house is not the issue - it is area of house footprint that matters. However a

12 house not to exceed area is appropriate when combined with footprint limitations. 5. NO downzone! Require people (even people remodeling or adding on) to meet basic "grass roots" requirements (dry wells, etc.) to get the runoff back into the ground on their own lot. I have done this on my lot very easily (trench drain(s)/dry wells ... (Kerry Garrett) 6. Don't create another bureaucracy of snoops and informers and 'certificate' inspectors - we have enough hypocrts already change the culture, don't add more laws! 7. Find a way to inspect existing homes to catch current homeowners who are adding paved patios, sidewalks, etc. w/o building permits (w/in the watershed. (Vale Hartley) 8. Houses should not have a size limit as long as they do not cover more square footage than allowed or block anyone's view. (Tony Carter) 9. LUZA 3 is confusing - is the size limit 2,500 SF living space or footprint? If it is living space, then it is an apples to oranges comparison with 35°/o of lot size. If it is living space, then I completely disagree. (Cris Brueske) LUZA - 4 Due to watershed location, wildlife, 1. Don't create another bureaucracy of 1. Comment is not sufficiently specific for a wetlands, trails and proximity to Big Rock Park snops and informers and 'certificate' response. and the Silver Beach School, further inspectors - we have enough hypocrts development in Area I should be prohibited. already change the culture, don't add more Green dots 3 laws! Yellow dots 0 LUZA - 5 The Citv should continue and 1. Don't create another bureaucracv of 1. Comment is not sutt1cientlv soecific for a

13 expand their program to purchase sensitive snops and informers and 'certificate' response. land areas in the Lake Whatcom watershed. In inspectors - we have enough hypocrts particular it should purchase the wetlands already change the culture, don't add more 2 &3 Everyone in Bellingham is paying/or adjacent to Bloedel Donovan Park and located laws! storm water controls and land acquisition in within Area 13 2 .Why not put the burden on those who their water bill. Green dots 0 live in the watershed - everyone drinks Yellow dots IO from the lake. 3. We are already being taxed for storm water. What is being done with increased prop. Tax from the new properties developed over the past 10 years? (Doug Mooers) LUZA - 6 The zoning code should be updated 1. We are concerned with amount of I. Comment is not sufficiently specific for a to include landscape treatment adjacent to regulations that are being put upon. I response. streams. All year around streams should have a think education is good and that with this buffer zone consistent with the Shoreline education good choices are made. Thanks Master Plan. for all your work! (Carrie Donnelly) Green dots 0 Yellow dots 2 LUZA-7 The neighborhoods of the city shall 1. We are concerned with amount of Note: We have agonized over the issue of work together to improve the height restriction regulations that are being put upon. I height and bulk. It is clear the current code. think education is good and that with this regulation (35 foot to mid roojline) is Green dots 0 education good choices are made. Thanks excessive in many situations in our Yellow dots 3 for all your work! (Carrie Donnelly) neighborhood. If the issue ofheight and 2. Any discussion about changes to height bulk and views are not addressed in a city restriction should be presented to the wide comprehensive ordinance, we suggest a voters in Silver Beach area ( by ballot). 25 foot maximum to mid roof line be adopted 3. Home height in a given neighborhood in the Silver Beach neighborhood. radius should serve as a standard for homeowners who wish to change their I. Comment is not sufficiently specific for a height. (Doug Mooers) response. 2. Change in height restrictions will go through the ordinance change process which will include the opportunity for public comment. 3.. lnterestinf! idea but bevond the scope of

14 theolan LUZA - 8 Existing property owners on the 1. Do not force retrofit, rather seek 1,2&3. This item encourages a volunteer lakeshore should be encouraged to participate alternative solutions such as capture of program. Many stormwater solutions in the storm water retrofit program. water runoff at road edge & pipe to city involve low technology and low cost such as Green dots 0 treatment site. Fund w/ Whatcom County rain barrels and dry wells. We believe costs Yellow dots 8 fuel tax. for more expensive solutions should be 2. Who bears the ongoing liability for these shared or funded completely by City grants installations? If a person is injured who is such as the Stormwater Retrofit Program. responsible. Finished projects have features that are no 3. Stipulate city compensation to different from a normal yard and would not cooperating property owners for be expected to increase liability. participate in a storm water retrofit proerams. LUZA - 9 All requests for building pennits 1. We need height restrictions on 1. Eliminating trees for view protection should include a landscaping plan that includes vegetation. The only people allowed to needs to be balanced with their value in retaining as much natural vegetation as have protected views are those directly on intercepting storm water and processing possible. New plantings should be desigued to the lake, not those of us around the lake. C02. protect existing views where possible. We are losing our views. (Laurel Ayling) 2. Comment is not sufficiently specific for a Green dots 0 2. We are concerned with amount of response. Yellow dots IO regulations that are being put upon. I 3. We don't believe there is a substantive think education is good and that with this difference between these two words. education good choices are made. Thanks for all your work! (Carrie Donnelly) 3. Replace "retainine"-with "requirine". LUZA-10 Update the zoning code to include 1. We are concerned with amount of 1. Comment is not sufficiently specific for a regulations regarding the size of docks and regulations that are being put upon. I response. other marine facilities. The size and number of think education is good and that with this 2. This may be covered by the Shoreline these facilities should be reduced so as not to education good choices are made. Thanks Management Act but we are creating a degrade the quality of the Lake. for all your work! (Carrie Donnelly) neighborhood vision and believe docks on Green dots I 2. Isn't that covered by the Shoreline the Lake deserve special attention given that Yellow dots 13 Management Act? the Lake is a source of drinking water. 3.Before reducing docks presently at the 3. We agree the subject needs to be studied, lake, perform a study of the impact of these however the health ofthe Lake is structures on the watershed. Provide the paramount. research & findings to specific homeowners. Allow homeowners to decide

15 based on data. Otherwise property rights are encroached. (D. Mooers) LUZA -11 Encourage the continued use and 1. Add "slight" before "expansion". Zoning limits the degree of expansion expansion of the commercial facilities in Area possible. 7 to provide a neighborhood retail center and community gathering area that is pedestrian friendly and helps eliminate car travel. The neighborhood would like to see expanded services such as a cafe, garden area, deli, etc. Green dots I Yellow dots 2 LUZA - 12 Create a Design Review process 1. We are concerned with amount of I.. Comment is not sufficiently specific for a that will insure that the above standards are regulations that are being put upon. I response. followed. think education is good and that with this 2. We agree that City ordinances should be Green dots 0 education good choices are made. Thanks enforced. Yellow dots 5 for all your work! (Carrie Donnelly) 2. Find a way to inspect existing homes to catch current homeowners who are adding paved patios, sidewalks, etc. w/o building permits (w/in the watershed. (Vale Hartlev\ General Comments 1. Limit tree heights to heights of existing 1. Vegetation is addressed under LUZA 9. roof tops to protect views. (Cheryl Davis) Eliminating trees needs to be balanced with 2. Needs to be worded more strongly - their value in intercepting storm water and something needs to be done to protect views processing C02. and keep existing older structures from 2. LUZA 7 was modified to address this. being torn down. (Wendy Harris) 3. Suggestion is outside the scope of the 3. Retirement verses Property Taxes & neighborhood plan. Land Prices, There is no section on this. 4. Suggestion is outside the scope ofthe Please state something about the land & neighborhood plan. In addition, vested buildings of retirement residents so the fees entitlements will not be altered by a rezone. and taxes don't evict the older generation. 5. Comments are incorporated into the Plan. 4. There is no mention of equitable compensation to those affected by re- zoning with just a stroke of a pen -if the city wants to own it, purchase it a fair

16 market value. 5. Editorial comments as follows: Part 1 Existing Stock second paragraph, "However-this may hurt the Reservoir". Part 2 Analysis and Objectives for Housing end of first paragraph, "only if it is permitted". Part 1 Area Descriptions add in first paragraph "each or' prior to ''describes". Area 1 of the Silver Beach ' Neighborhood first paragraph add"," after the word "well". Editorial comment at end of first paragraph, "nor should there be". Area 3 of the Silver Beach Neighborhood editorial comment at end of first paragraph. "These lots should remain vacant!" Area 6 of the Silver Beach Neighborhood editorial comment at end of second paragraph, ''It should be Low Density". Area 8 of the Silver Beach Neighborhood editorial comment at end of second paragraph, "should be redesignated lower medium density so no more units are built". Area 9 of the Silver Beach Neighborhood end of second paragraph, "No more condos should be built in this area'. Area 11 of the Silver Beach Neighborhood end of second paragraph, "Should be low density- No more building permitted". Area 13 of the Silver Beach Neighborhood end of second paragraph, "No more building should be done in this area". Area 14 of the Silver Beach Neighborhood end of the second paragraph, "Should be low - moratorium on building". Part 3 Analysis and Objectives for Future Land Use edits on

17 first sentence. Replace "for the majority" with "some or' and add at the end of the sentence, "and importance as a watershed". Part 4 Prioritized Implementation Strategy, first paragraph end of first sentence, add ''and protect the water sunnlv!

CHAPTER 3: Transl!ortation Green Dots 28 (Indicates annroval of entire cha ter) TA 1: The City will adopt 'Green Street' (see Comment Card 1: Which Silver Bch Ave Silver Beach Ave from Northshore to Sylvan. Appendix 3) criteria and techniques when does this pertain to? (Laurel Ayling) Will clarify in TA 1. redoing and maintaining the streets in the Silver Beach Neighborhood. This approach addresses the issues unique to our neighborhood - assuring that the scale of our streets remain residential and that runoff will be treated using basic natural methods within the street' right-of-way which will negate the need of large capital intensive, experimental filtering vaults. Green streets criteria and techniques also address safety and multimodal issues of our streets. The Silver Beach Neighborhood and the city need to work together to address the streets in areas 3,4,5 6, 11 and 15 that are prime candidates for green street projects. Silver Beach A venue would fall into this group and would be an excellent model project. Green Dots 1 Yellow Dots I TA - 2: Install crosswalks on Barkley Blvd, Comment Card 1: Crosswalks should be The City is developing a process for Britton and Northshore, and Electric Ave. to well lighted w/warnings to vehicles when evaluating crosswalk requests and if improve pedestrian .safety. People, especially crosswalks are occupied. (Doug Mooen) warranted, determining the level ofthe the young and the elderly, need to cross these standards the crosswalks will be built to.

18 busy streets to get to school, to catch a bus or for many other reasons. Green Dots 1 Yellow Dots I TA - 3: Resurface and improve the design of Comment Card 1: "Resurface and 1 .Modes oftraffic will be clarified in the North Shore Drive to better accommodate all improve .•• all modes of traffic ..." I think it plan. modes of traffic and improve stonnwater is important to clarify/highlight pedestrian 2. The City's design for Northshorefrom runoff treatment. This project is currently traffic. When I read this I interpret Alabama to Britton calls for bike lanes each scheduled for 2008 and should not be delayed "traffic" to mean vehicular traffic. (Sabine direction and a sidewalk on the north/west for any reason. Brueske) side ofthe street.. Green Dots 0 Comment Card 2: I would like to see a 3. The City budgeted $650,000 for dealing Yellow Dots 2 specific reference to the need for a sidewalk with runoff on Northshore in FY2006. The between Silver Beach Store and Alabama. project was postponed and the funds carried Dangerous w/a stroller or kids with bikes. over until the runoffproject could be (Sabine Brueske) incorporated into the resurfacing project. Comment Card 3: Create grilled catch 4. Agreed! drains that would move road run-off water 5. Yes, we do to that is why we are doing all to water treatment sites. Fund w/small we can to see that the Northshore project is percentage tax on fuel purchased in completed in 2008. Whatcom County. (Doug Mooen) Comment Card 4: The sidewalk & bike lane that is budgeted for FYOS on Northshore should be completed. (Gene Davis) Comment Card 5: Silver Beach is a "gateway community" that should provide for all reasonable modes of safe transportation. The lack of sidewalk/shoulder from "downtown" Silver Beach to the Southeast extent of the city is absolutely unacceptable and irresponsible. At the very least, a designated shoulder along Northshore Drive so pedestrians can walk along the public roadway should be obvious and should have been implemented bv now. Further, the SB olan should

19 address trail linkage from Northshore Drive up Donald to the city-owned properties to the east. NO provision was made for this linkage in the 7 short plat projects approved by the county and city. This plan should, must, shall address this issue which may be a lost opportunity. Get with it!!!!! (Oliver Grab) TA - 4: Resurface and improve the design of Comment Card 1: We want sidewalks on 1. Yes, we do to, that is why we are doing all Electric A venue. A sidewalk should be Northshore through Silver Beach from we can to see that the Northshore project is included on at least one side to provide Alabama to Academy - If not available, at completed in 2008 but Electric is important separate and safer lanes of travel for least a wider, well paved should - safe for and needs to be movedforward. One project pedestrians and bicyclists. pedestrians + bikes. (Vale Hartley + Jim does not preclude the other. Green Dots 0 Tragesser) 2. The design has not yet addressed lighting. Yellow Dots 0 Comment Card 2: Also need to add street The neighborhood will have opportunities lights on Northshore - esp. on Chatugua for input on this and other issues in meetings side -dark & curvy area. (anonymous) with the City engineers working on the desi}(n in the cominK months. TA - 5: In concert with WTA develop a local Comment Card 1: WTA needs to have a See how new shuttle schedule will flt this loop shuttle bus service that facilitates easy bus going by Heath Teena by 7 AM to need. /fit is not addressed in current plans, access to Barkley Village and' the Sunset Mall support normal work hours. (Barkley suggest it. for residents of Silver Beach Neighborhood. Village-S. Beach proposed logs) (Mike Additionally, improve access for those resi- Vandehey) dents who live south of Alabama by relocating at least one route so it travels on Electric. Green Dots 0 Yellow Dots 3 TA - 6: The project planned to connect Big No Comment Cards on TA6 Rock Garden, the Silver Beach Elementary School and the Klipsun trail is an important link that warrants immediate attention. This would provide a pathway system around the watershed management area connecting the residential areas on either side and allow the center of the area to be returned to its natural state. This also orovides safe routes to Silver

20 Beach Elementary School. Green Dots 0 Yellow Dots 0 TA - 7: Northshore from Britton southeast to Comment Card 1: I made a similar Addressetl in the park portion ofthe plan. the city's border will be upgraded up to the comment on open space at mouth of Silver standards of the other secondary arterials in Creek (recreation). This open space needs Silver Beach neighborhood. This is both a safe parking, access, lighting, signage, etc. watershed quality and safety issue. Mike Vanderhey Green Dots 2 Yellow Dots 2 TA- 8: Academy on both sides of the lake No Comment Cards on TAS will be upgraded for safety reasons. The road is heavily traveled and in both cases the intersections ofNorthshore and Academy have poor sight lines. Green Dots 1 Yellow Dots I TA - 9: Any city plans for residential streets Comment Card 1: Feel strongly about We agree and believe the concerns are that are currently being considered for making sure other streets (like Huntington appropriate to other streets as well like connection with other segments as was done +Shepardson) do not become through Sylvan. Some are currently shown on the with Haggin will be put on hold and streets. I would be happy to contribute my City's Silver Beach Circulation map as well readdressed by the neighborhood. A traffic efforts/time as needed. (Marsha Strayer) as other city documents as thru streets. circle with a rain garden should be considered These need to be eliminated from City to slow traffic on Haggin and break up the long documents and a public process initiated to straightaway. change any streets currently not thru into Green Dots 0 thru streets. Yellow Dots 3 TA - 10: Existing alleys need to be evaluated Comment Card 1: Our experience with We are suggesting upgrades for pedestrians and improved when possible. With little work alley improvement (west of Haggin, east of and bicycles only. some may provide opportunities as alternative, Hayward) is that it leads to too much extra and safer, bicycle or pedestrian pathways traffic, some of which moves much too fast through the neighborhood. They should also for an alley environment. (Alan Kemble) be evaluated with regard to their contribution to stormwater runoff and improved if necessary. Green Dots 1 Yellow Dots 1

21 General Transportation Comments: Comment Card 1: Public access to Lake I. Refer for Parks section Action #5. Whatcom is very limited. The current use 2. See comment above for TA 9. map shows numerous access areas (end on Connecticut, Academy, East North, etc.) these should be marked on both the road and water (kayakers) to show access. (Gene Davis) Comment Card 2: Page 16- Other Streets - 3rd para. Last sentence Shepardson is short dead end street wino sidewalk+ is not in the "process of becoming a through street" (Stan Sna

CHAPTER 4: Housing No Comments Card for this chapter.

I Chal!ter 5: Cal!ital Facilities Green Dots 27 (Indicates annroval of entire chaJter) CFA-1: The City, Bellingham school district No Comment Cards on CFAl and Silver Beach neighborhood should develop a communication plan and process that allows early neighborhood involvement when updating or changing public facilities in the neighborhood. Total Green Dots 0 Yellow Dots 0 CFA-2: The city and Silver Beach No Comment Cards on CFA2 neighborhood will jointly explore the feasibility, vision and funding of Bloedel Donovan park as a centerpiece of Lake Whatcom and a demonstration project for watershed management best practices. Green Dots 0 Yellow Dots 0

22 CFA-3: The grounds of the Elementary No Comment Cards on CFA3 School have large areas of impervious surfaces, which in any future remodels should be designed to treat runoff on-site before it reaches the lake. Green Dots I Yellow Dots 0

Cha(!ter 6: Utilities & Services Note: Utilities & Services Poster ivas not Green Dots - 11 (Indicates approval of entire chapter) received from printer. A hand lvritten poster lvas posted at about 6: 30. This is 1vhy there are less dots in this section. Attendees from 6:30 on did revie1v this section and had to nefZafive comments. USA -1: The city will create a long term utility No Comment Cards on USA! remediation fund to cover costs associated with burying cables, power and telephone lines, restoring trees to streets and removing unneeded structures. Green Dots 0 Yellow Dots 0 USA - 2: An annual neighborhood review No Comment Cards on USA2 meeting that highlights achievements, lists current and future priorities, evaluates problems and provides recommendations will be presented by all city and private utility providers to the Silver Beach Neighborhood. Green Dots 0 Yellow Dots 0 USA - 3: The Silver Beach Neighborhood No Comment Cards on USA3 Association will work to expand the Block Watch Program throughout the Neighborhood. Green Dots 0 Yellow Dots 0 USA - 4: The nolice will patrol Bloedel No Comment Cards on USA4

23 Donovan Park and surrounding play areas nightly (particularly in the summer months) to insure noise ordinance compliance. Green Dots 0 Yellow Dots 0 USA - 5: The city will provide emergency No Comment Cards on USAS response training to the neighborhood on an annual basis. Green Dots 0 Yellow Dots 0 USA - 6: A transparent, concise No Comment Cards on USA6 communication process that a11 utility providers would use will be developed by the city in conjunction with MNAC. Green Dots 0 Yellow Dots 0

Cha~ter 7: Neighborhood Design (Not included in this submission)

24 Chal!ter 8: Parks, Recreation & Ol!en Sl!ace Green Dots 31 (Indicates approval of entire cha ter) PROSA - 1: Existing buildings in Bloedel Comment Card 1: Other alternatives to 1. Kept Leeds as NAHB guidelines are/or Donovan Park shall be scheduled for major LEEDs certification should be considered. residential. remodel work or rework in the near future. LEEDs does not guarantee that project is 2. Added PROSA 10- "Public lig/1ting Future improvements shall make the buildings based on environmental, sustainable around the lake should be hooded to LEED compliant serving as a model of construction methods or materials. LEEDs minimized light pollution." appropriate watershed construction within the is not based on life cycle analysis. Please community. The site shall be considered for a see www.NAHB.com to see alternative watershed education center. certification. (S. Hofer) Green Dots 0 Comment Card 2: The outside light on the Yellow Dots 6 building projects clear across the lake - the parking lot in contrast is well lit, but the lights don't shine on neighbors - fix the outside lights on the building to be shielded like the parkin2 lot. (anonvmous) PROSA - 2: Develop signage throughout No Comment Cards on PROSA2 parks and trails to indicate this area is a sensitive watershed management area. Green Dots 0 Yellow Dots 0

PROSA - 3: Develop educational outreach No Comment Cards on PROSA3 pamphlets to be distributed throughout the neighborhood that promote responsible use of this natural asset. Green Dots 0 Yellow Dots 2

PROSA - 4: A rehabilitation plan shall be Comment Card 1: There is a park/open 1 & 2. The plan was attempting to address developed for the Connecticut Street-end site. space at the mouth of Silver Creek (Approx the Silver Beach Creek site based on the map Signage shall be placed on site to warn Maynard & N. Shore) That is not for Open Spaces in the City Parks Plan. swimmers that this site is polluted. addressed. This area is a trashy dangerous After further research, we have identified Green Dots 0 eyesore, being used as lake access. It needs this site as the "Lake Whatcom Beach Site", Yellow Dots 3 to be addressed in the olan. (Mike owned bv the DNR, soecitica//v located

25 Vandehey) between Silvern and Maynard on N. Shore. Comment Cards 2: The open space on the The Open Space section of the plan was lake at the mouth of silver beach creek revised based on this research, eliminating should be improved as a park, it is the George Street End and clearly labeling currently in a serious state of disrepair the Silver Shores and Maynard Place with garbage everywhere. (Chris Brueske) Beaches as PRIVATE for consistency. We also added ohotos ofeach . PROSA - 5: All Open Space sites shall have No Comment Cards on PROSAS Added verbiage to further clarify based on safe access for pedestrians and bicycles. verbal comments and general comments Small-scale residential pedestrian and bicycle below: PROSA - 5: All public Open Space access should be developed for these sites. sites listed above should have safe access for Green Dots 0 pedestrians and bicycles and clear signage Yellow Dots 4 visible to pedestrians and kayakers. Small scale residential pedestrian and bicycle access should be developed/or these sites. Consistent fencing, gates and signage need to be installed for clear identification. PROSA - 6: The boat launch shall be Comment Card I: A speed limit on the I. The speed limit is addressed in the Lake monitored during seasonal peak use to keep lake would make it safer for small human Whatcom section under Recreation. park activities consistent with the residential propelled use which is much more character of our neighborhood and responsible appropriate anyway. (Lois Garlick) PROSA - 6 was corrected to read from watershed management practices (no refilling "dawn to dusk" gas or oil at the boat launch, etc.). Enforce existing boat launch hours of dusk to dawn. Green Dots 0 Yellow Dots 2 PROSA - 7: The city has over 70 pieces of Comment written on poster for PROSA 7 - NOTE: Because somebody wrote this public art on display, but none at Bloedel rights of dog owners are equal to those of comment about dog owners on the poster in Donovan. There is an opportunity here to use swimmers & dog owners take better care of the wrong section (under PROSA 7), I believe public art to improve the aesthetics of the site. park than swimmers same area should be several people placed yellow dots under In addition, a sculpture or mural reminding our allowed for dogs or swim evening south by PROSA 7 when they meant to place them community of our relationship with our boat dock. (anonymous) under PROSA 8. There were multiple verbal watershed may serve to motivate better No Comment Cards for PROS A 7 comments and questions at the open house stewardship of this resource. about the off-leash area and no questions Green Dots 0 about PROSA 7. Yellow Dots 5

26 PROSA - 8: The City will recognize that the Comment Card I: Rights of dog owners The Analysis and Objectives were expanded primary users in the summer season are human, need to accommodated I resent being to reflect the concerns ofdog owners and the particularly in the swimming area. The off prevented from having my dog at park hie health concerns ofparents/grandparents of leash dates allowed in the pet ordinance shall of swimmers who trash the park. Dog children using the play are and swimming be consistent with this. owners take much better care of park. area at Bloedel Donovan. PROSA8 was Green Dots 1 Grateful Dog member. (Wendy Harris) reworded as follows: Yellow Dots I Verbal Comment: Two separate women Action 8) The City will recognize that the expressed concern about children playing primary users ofthe Bloedel Donovan play in dog waste and thought the off-leash area and swimming area in the summer season should be separate from the play and are human, while recognizing the value of swimming area. They were invited to fill dogs in reducing the Canada Goose out a comment card, but did not. population. Clear off-leash dates and hours should be established and posted consistently in city literature and park signage (current signs and literature provide conflicting dates and times). The offleash times allowed in the pet ordinance should be consistent with seasonal use ofthe park. To address concerns of dog owners and parents, consider ordinance revision allowing year round off-leash activity in the grass and beach area to the east ofthe buildings at Bloedel Donovan Park while reserving the play area and swimming area north and west ofthe buildings only for human use during summer months. PROSA - 9: The city shall install signs No Comment Cards for PROSA9. supporting the Promote Basic Park & Trail Etiquette program in support of the educational outreach process. Green Dots 1 Yellow Dots I PRSOA-10: (see proposal 1, comment 2) ADDED: PROSA - 10: Public lighting around the lake should be hooded to minimized light pollution.

27 Chanter 9: Lake Whatcom Education After a review by city staff ofthe action plan, Green Dots 40 (Indicates approval of entire chapter) the question was asked how our plan interacts with existing plans. References to these plans were then added to the comments resoonse. LPEA-1: Craft and implement a personal Comment 1: I must have missed The Joint Lake Whatcom Management outreach program utilizing city staff, SBNA, it •.. Publish model landscape designs for Team comprised of City and County Master Gardeners, industry experts and others. homeowners. Designs favoring a healthy executives and councils addressing Lake This group will provide stewardship education watershed. People like myself need a step- Whatcom Reservoir has developed a multi for watershed residents that advocates by-step color book to "get it". year work plan to address Lake Whatcom appropriate stormwater management, (MikeVandehey) issues. The Intergovernmental Coordinating gardening, home and auto maintenance Team (/Cl) is a committee of City and practices, particularly during periods of peak County employees charged with outdoor activity. implementing the work plan. While we don't Yellow Dots I believe they are sufficiently empowered to be very effective, they have developed a work plan with many good initiatives. Where they intersect this Action Plan, it is so noted by referencing the Joint Lake Whatcom Goal (JLWG) and the Lake Whatcom Work Plan Task (LWWPT).

1. We endorse the City/County goals and tasks. "Develop educational materials describing land preservation options.4.1 Develop an integrated community outreach strategy that targets specific audiences with key messages about lake protection. 4.5Expand lake-friendly gardening program to reach additional audiences. " ( JL WM Goal I and LWWPTl.I,4.1Ind4.5) LPEA - 2: Enhance existing and implement No comments on LPEA - 2 City I County Plan" Develop an integrated new education programs that address daily community outreach strategy that targets homeowner practices such as fertilizing, specific audiences with key messages about watering, landscaoe lavout, construction and lake orotection." (JLWM Goal #1 and

28 stonnwater control. LWWPT4.1) Yellow Dots 1 LPEA - 3 Require education, training and No comments on LPEA - 3 City I County Plan. "Develop a watershed certification of commercial landscapers Yellow friendly certification program/or Dots 7 landscapers, retailers and realtors through training workshop. 3.4 Explore enforcement and education options to improve compliance with development and erosion control standards." (JLWM Goal #I and LWWPT4.7) LPEA - 4 Require education, training and No comments on LPEA - 4 City I County Plan. "Develop a watershed certification for construction personnel doing friendly certification program/or concrete work, asphalt work, land excavation, landscapers, retailers and realtors through earth moving, land clearing or disturbance, training workshop. and 3.4 Explore repair to existing underground utilities or enforcement and education options to exterior painting. improve compliance with development and Green Dots 1 erosion control standards." (JL WM Goal #1 Yellow Dots 12 and LWWPT 4. 7) LPEA - 5 Provide watershed protection No comments on LPEA 5 City I County Plan. "Develop a watershed training to all city and county employees, friendly certification program for including police, fire, public works, planning landscapers, retailers and realtors through and also elected officials to insure that they training workshop." (JLWM Goal #1 and understand their responsibility and LWWPT4.) accountability to report and respond to noncompliance with watershed regulations Yellow Dots 2 LPEA-6 Establish a single 24/7-point of Comment 1: 24 hour hot line phone to 1. This is what LPEA-6 states. contact for citizens to report watershed report violations of watershed rules. (Pete concerns and insure a timely response. Coy) Yellow Dots 6 LPEA - 7 Provisions shall be made in the city No comments on LPEA - 7 and county budgets for funding ongoing and special watershed education programs. Yellow Dots 2 LPEA - 8 The city will conduct an annual No comments on LPEA - 8 review of the effectiveness of current education

29 programs with SBNA and residents. Yellow Dots 2 LPEA - 9 Establish a coordinating group No comments on LPEA - 9 The Lake Whatcom Management between the city and county and SBNA to Interjurisdictional Coordinating Team (JCT) address watershed education concerns in areas adjacent to the city. Yellow Dots I LPEA - 10 Tailor education programs to No comments on LPEA - 10 "Develop an integrated community outreach address specific homeowner practices tied to strategy that targets specific audiences with stormwater pollutants found on or near their key messages about lake protection. '' property. (JLWMGoa/#1 andLWWPT4.l) Yellow Dots I LPEA- 11 Develop educational programs at No comments on LPEA - 11 "Develop an integrated community outreach Silver Beach School to protect the adjacent strategy that targets specific audiences with watershed protection property. key messages about lake protection." Yellow Dots 2 (JLWMGoa/#1 andLWWPT4.1) LPEA - 12 The City and SBNA in partnership No comments on LPEA - 12 ''Develop an integrated community outreach with Silver Beach School will plan and strategy that targets specific audiences with implement landscaping changes to enable the key messages about lake protection." school grounds to be a model for best practices (JLWM Goal #I and LWWPT 4.1) for watershed protection. Yellow Dots I LPEA - 13 Provide moveable educational No comments on LPEA - 13 signage at key locations during different times of the year, on the water, in participating yards, along rights of ways, during construction, at community meetings and schools. Yellow Dot I LPEA-14 Continue mailings, news releases, No comments on LPEA - 14 presentations at public meetings, BTV broadcasts and inserts in local print media and seek innovative messages for Lake Whatcom Reservoir Stewardship. Yellow Dots I LPEA-15 Establish 5th and 6th grade No comments on LPEA - 15 "Target water quality education through educational programs addressing Lake existinf! 5th f[rade Sharinf! Our Watershed

30 Whatcom Reservoir protection. program/or public and private schools of Yellow Dots 2 Bellingham" (L WWPT 4.11.) LPEA-16 Redevelop and implement a No comments on LPEA - 16 Currently being revised and will be Watershed Stewardship Program. implemented in fall of2007. Yellow Dot I LPEA - 17 People have to know and believe No comments on LPEA - 17 that there is a problem, and they have to know what they CAN do about it. Only then, will they choose to act. Much of that education can be done by individuals and by the SBNA. The process of 'educated neighbors-talking-to- neighbors' is very effective. Yellow Dots 1 General Comments Comment 1: I did not like any of it. My Referenced in LWPDWA-12. There is a limit belief is that the main problem with lake to the amount ofwater we can flush out of water quality are the Canadian honkers. the lake at any given time especially during The game dept. needs to trap, shoot, kill the summer andfall months. and get rid of the geese. They contribute WWU has been monitoring Lake Whatcom tons of poop to the lake. Also the city needs Reservoir annually since the 1980's and to allow gallons of water to exit lake published an annual report. Whatcom so it cleanses impurities http:llwww.ac.wwu.edu/-iws/will link to the naturally. GP did and there was no monitoring results for the last several years. problem with pollution!!! (Loi Walton) Comme~t 2: Excellent (Lori Polevoi) Comment 3: Work with conjunction with Science dept at Community College & Voctech to have science and technology classes that would monitor water quality and the biology of watershed land use. (Dou!! Moolis)

31 Stormwater Management Green Dots 18 (Indicates approval of entire chapter) Yellow Dot 1 (Indicates concern regarding entire chapter) LWSMA-1 Individual property owners and Comment I: The city needs to stop and I. We agree tilat tile City sllould be as occupants should install on-site treatment or control storm water runoff in to my yard responsible for controlling stormwater just infiltration/recharge facilities on their own before asking me to deal with runoff, (Tim as residents are responsible._ properties, and minimize the amount of water Donnelly) For example the City will be repaving North that flows off-site. Many of the solutions Comment 2: Stormwater Management #1 Shore in the near future and will be involve low technology and low cost such as will not protect us from mudslides. The implementing stormwater controls as part of rain barrels or dry wells. We believe that costs only thing that protects us are trees. this project. for more expensive solutions should be shared Thank you all so much! (Lynne Findley) 2. A tree retention action item, L WSMA-6 is or funded completely by City grants such as the Comment 3: We should not have to put on being added to this plan. Stormwater Retrofit Program. site treatment on our own property. Lets 3. Storm drain treatment has not been put in storm drains around the lake with effective in removing phosphorus. Until an Yellow Dots 34 I curbs & sidewalks so we can control all of effective treatment for phosphorus removal the runoff. (Tony Carter) can be found the most effective way of Comment 4: What are you thinking?? removing phosphorus from the lake is to You must be kidding. NO! (Mike control it at the source. Vandehey) 4. This comment is too nonspecific to permit Comment 5: I don't disagree with the a response. intent of this but until the actions under 5. We agree that education is a critical LWPEA are implemented I think it would element in solving the Reservoir's be premature. Much education and contamination problems. However, the guidance will be needed. I think it also health ofthe Reservoir is declining rapidly needs to be clear what level of expense and intervention is needed now to initiate a individuals will have to bear. (Alan recovery. Kimble) 6, 7, 8 & 9. Language was added to L WSMA Comment 6: I like this in theory, but who -1 to respond to these comments. pays for costs and how much? What about people on fixed income - are you going to City I County Plan. "Develop strategy for drive them out of neighborhood due to pollutant source reduction that considers cost? (Wendy Harris) community outreach, regulations and Comment 7: I am against #1 for enforcement options." (LWWPT 2.5.) homeowners to install treatment equipment on their property because it would be too

32 expensive and they have No Control over how much it rains! (Loi Walton) Comment 8: Individual property owners should not be responsible for implementing treatment on their own property - the city should. (Anonymous) Comment 9: How much will this cost? (Anonymous) LWSMA-2 Roadway signs and pavement Comment 1: Not at my expense (Matt 1. We currently pay for this through the markings highlight the path and effect of Myers) stormwater fees. chemicals from vehicles. The City's infiltration/recharge and treatment facilities on public properties will substantially reduce the amount of pollutants that are carried off the road surfaces. The City will conduct a national search for known best practices, and collaborates with researchers on this topic for even better practices. No dots LWSMA-3 Stormwater treatment facilities No comments on L WSMA - 3 City I County Plan. "Coordinate and that are installed and operated by the implement programs to address NPDES jurisdictions shall have a maintenance program Phase II stormwater requirements in the that assures that the facility meets the original watershed .•. Pollution and prevention/good specifications. They shall have regular and housekeeping for municipal operations. ,, effective water quality testing of inflow and (LWWPT 2.4.1and2.4.2 for the County) outflow to determine the success or failure of each facility. The City and the SBNA shall publish and distribute these reports No dots L WSMA - 4 Everyone who lives or travels in No comments on LWSMA- 4 the reservoir should refrain from allowing such materials to be placed on the land in such a way that those chemicals can enter the runoff stream or the Reservoir. Yellow Dots I

33 LWSMA-5 In order to establish a fair and Comment 1: fines - yes; taxes - no (Lori 1. The language in the Action Plan has been equitable City-wide stonnwater management Polevoi) rewritten to explain what is intended with a program, the City will implement a three-tiered Comment 2: We are taxed more than most program offees. program that includes incentives to assist already. Use the money wisely don't ask 2, 3, 4 & 5. Unfortunately cleaning up the property owners in managing stormwater for more money (Tim Donnelly) watershed costs more than the current fees runoff from their property with natural (low Comment 3: taxes & fees - will already collect. Along with County residents living technology) techniques or fees for those who pay taxes this is extreme government & in the watershetl, we create the problems that choose not to manage their property's runoff public discrimination against those who affect the quality of water in the Reservoir that shall be used to pay for off-site mitigation. live on Lake Whatcom (Anonymous) and we should have some responsibility in The enforcement of existing City Codes will Comment 4: What are you thinking?? You resolving the problems. include fines to be used to mitigate any must be kidding. NO! (Mike Vandehey) 6. Not specific enough for a response. negative impacts caused by the infractions. Comment 5: I think the intent of #5 is good 7. We agree that County residents living in but again what about all the properties the watershed are similarly responsible for Yellow Dots 39 beyond the city's control. And is there the failing quality ofthe Reservoir's water. going to be a proposal to charge user fees We hope that an empowered Lake Whatcom for all lake users (not just the power authority is established to initiate a/air boats)? (Alan Kemble) process ofgenerating the funds necessary Comment 6: We, in the watershed area for Reservoir cleanup. already pay our share in taxes and fee on 7 & 8. Unfortunately this is not practical the footprint I propose user fees for all since parks are open and without gates or Non city users of the Lakes and parks in entrances. This may work with boats. the city- Tacoma has 2 rates at public golf 9. There are a multitude oftaxing programs courses. (Cheryl Davis) that are available to address every income Comment 7: Isn't Silver Beach already too level. The city already makes exceptions for much an enclave of snooty rich folks - this income on water and sewer. We also propose would drive out middle & working class. I an educational program/or realtors to am on a fixed income - what exeption will advise prospective residents ofthe be made for me & other folks who aren't implications and responsibilities ofliving in noveau riche? When I moved into Silver a watershed. Beach 4 months ag, I did not know it was a 10. It is not clear that watershed residents watershed or what it entailed. I would are charged any more for "living in the challenge the validity of such tax on a watershed" since stormwater fees are retroactive basis. If tax is enacted it should charged to all Bellingham residents. We be done to those moving in who know have been unable to devise and outline a about it before hand. Since the City & program that would discriminate between Countv allow e:rowth in the watershed. countv resident and non~countv vessels.

34 They should pay for costs, or simply 11. The details of such a program are the prohibit future growth How would fines be proper role ofgovernment. We are simply fairly enforced? I now lots of people who proposing a reasonable revenue stream to use prohibited chemicals - how do you fund a badly needed Reservoir recovery prove this & who gets singled out? (Wendy program. Harris) Comment 8: No to# 5! Homeowners should not be taxed extra for living on the lake! People who have worked hard to live where they live. (Loi Walton) Comment 9: How define "those who benefit?" under Stormwater Management Sudden Valley not in our neighborhood (Anonymous) Comment 10: Residents living "in the watershed" ware charged w/ being good stewards of the watershed and especially those living on the lake have paid a premium to do so. No additional fees s/be assessed to them. However, I would favor fees on non-county residents boating on the lake and/or fining those violating rules (Anonymous) Comment 11: I don't totally understand this one - "for those who benefit from living in Lake Whatcom"? How will this be implemented? Who will monitor? How will you fund/ How will you verify charees? (Anonvmous) LWSMA-6 The City of Bellingham will No comments on LWSMA-6 develop and fund a voluntary program to support retention of existing trees in the watershed and the planting of new and replacement trees using the .. right tree, right place" management policy that compliments the citv's existing street tree oolicv.

35 General Comments Comment 1: We live on Northshore Drive I. The city will be repaving Northshore Drive and the water runoff is out of control! We next year and installing stormwater controls. get black soot from tires coming down our Other citizens, outside ofSilver Beach, are driveway, with who knows what else. We paying the $10 stormwater fee that funds are not the only ones that use the roadways such projects. Watershed Friendly around the lake. I think that to tax just the Gardening classes are heltl throughout the owners living in the watershed is unfair. I year. You may also contact the Master believe we absolutely need stormwater Gardeners or SBNA for more information. drains. This should be done by city taxes. SBNA on stormwater management, Lake (by everyone) It is everyone's water stewardship and lake friendly gardening. source. I will definitely do my part in 2. Comment is too vague to be addressed continuing to not use chemicals in my yard and to not wash our vehicles at home. I would like more education as tot what I should plant in my garden. Thanks for all your work! (Carrie Donnelly) Comment 2: No way (Matt)

Monitoring Green Dots 37 (Indicates annroval of entire chaoter) L WMA - 1 Continue the current annual No comments on LWMA - 1 City I County Plan. "Review all monitoring reservoir water column and enhanced tributary studies and reports to determine policy monitoring program. implications.5.2.1 Conduct tributary No Dots monitoring/or pollutant loading data. 5.2.2 Special projects for tributary monitoring within watershed. 5.4 Tributary monitoring in Lake Whatcom and Lake Samish consistent with Watershed Friendly Gardeninf! Grant." (L WWPT 5.1.) LWMA-2 Characterize organic Comment 1: My question is - is every 5 More frequent monitoring would be ideal but contamination in lake water and sediment yrs. Enough? (Laurel Ayling) the cost oflaboratory analysis associated including traditional organic compounds on the with monitoring is significant. For example, priority pollutant list such as pesticides, a broad range analysis for organic herbicides, phthalates, phenols and polycyclic contaminants would probably cost over aromatic hydrocarbons, and add other $1,000 and that would describe the condition emerging compounds of concern such as in the reservoir at one point, at one depth.

36 pharmaceuticals, flame retardants and More contaminants, like metals, analyzed for endocrine disrupters. Continue a program of the same sample point, would add to the cost. periodic monitoring to track any changes. Characterizing the reservoir with a Each organic pollutant of interest should be statistically valid sampling program will monitored at least once during each 5-year likely be too expensive to do on an annual period, more frequently for pollutants with basis. What is important is to have a concentrations trending upwards. continuing program ofregular monitoring for pollutants ofconcern that will show Yellow Dots 1 trends in the reservoir. A trend ofincreasing concentrations ofa contaminant should trigger studies to determine the source ofthe contaminant and a program to attack the source. More frequent sampling ofthe contaminant would to track changes until the trend turns downward. L WMA - 3 Regularly monitor benzene No comments on LWMA - 3 contamination of the reservoir and the city's treated drinking water. Determine the pathways by which benzene enters the reservoir. (No Dots LWMA-4 Determine the impacts to aquatic No comments on LWMA - 4 organisms, water quality and potentially human health from the leaching of contaminants from oxygen-depleted bottom sediments during reservoir stratification. (No Dots) L WMA - 5 Determine the impact of No comments on LWMA - 5 increasing algae concentrations on the reservoir and drinking water. Yellow Dots I L WMA 6 - Continue monitoring mercury No comments on LWMA - 6 concentrations in water, sediment and fish tissue to insure we are not surprised by air transport deposition from global industrialization. Mercurv monitoring should

37 be conducted at least once every five years, more often if mercury contamination appears to be increasing. Yellow Dots I LWMA -7 Groundwater at multiple depths in No comments on LWMA - 7 the immediate vicinity of old dumps and other potential sources of groundwater contamination that might find its way to the reservoir shall be sampled and analyzed for a broad range of pollutants including pharmaceuticals, flame retardants and endocrine disrupting compounds. Sites identified as contributing to groundwater contamination shall be monitored at least every 5 years. (No Dots) LWMA-8 Conduct hydrologic No comments on LWMA - 8 measurements and modeling in the watershed to identify and record the flow of water into the reservoir from precipitation, tributaries and groundwater. (No Dots) LWMA- 9 Conduct scientific studies that No comments on LWMA - 9 characterize flow in the reservoir at different depths during different times of the year. General Comments Comment 1: Put on educational programs 1. Understanding water quality monitoring that explore technical parts of monitoring requires some research and education. water- I do not have a science background Monitoring reports from 1997 to 2006 can be & need to learn more to understand what found athttp://www.ac.wwu.edu/-iws/. reports mean & how & what to monitor Appendix 4 will be updated to include a (Wendy Harris) primer on water monitorinl(.

38 Land Acgnisition Green Dots 29 (Indicates approval of entire chapter) Yellow Dots 2 (Indicates concern regarding entire chapter) LWLAA-1 In partnership with Whatcom No comments on LWLAA - 1 County, Bellingham will seek state and federal and private funding to assist in acquiring all of the remaining undeveloped land in the watershed through outright purchase, consetvation easements, or purchase of Development Rights. Green Dots 6 Yellow Dots 10 LWLAA-2 Bellingham will develop and No comments on LWLAA - 2 City I County Plan. "Develop educational implement a public campaign to encourage materials describing land preservation donation of land in the watershed for watershed options." (JLWM Goal #I I.I) protection reserves. No Dots LWLAA-3 A neutral third party such as the No comments on LWLAA - 3 Whatcom Land Trust will hold conservation easements on all city owned watershed property to oversee and enforce the goal of management for water quality protection. Yellow Dots 1 L WLAA - 4 All property acquired by the City No comments on LWLAA - 4 for watershed protection will have all development rights permanently removed through the use of deed restrictions and/or other legal means. Yellow Dots 12 LWLAA - 5 Bellingham will develop and No comments on LWLAA - 5 implement a public recognition program for landowners donating all or part of their watershed properties or entering into a conservation easement that limits future use of the land to watershed orotection. The oro2ram

39 would only pertain to properties for which all development rights were removed. Yellow Dots I L WLAA - 6 Bellingham will develop and Comment 1: #6 Define Transfer or 1. The Action Plan has been changed to implement an effective Transfer of Development program How extensive is better describe the TDR process. Development Rights (TDR) program. This the development that is restricted? City I County Plan. "Enhance Whatcom program would remove development rights Beaches? Parks? Present borne repair? County TDR Program to ensure permanently from land in the watershed. coordination between County, City and Property owners can choose to sell some or all Water District and other planning efforts. of the zoned development units from their And 1.5 Evaluate components ofTDR watershed property to developers or the City to Program that the City is capable of increase density in predetermined areas that are performing." (L WWPT 1.2) not as environmentally sensitive. Yellow Dots 2 L WLAA - 7 Bellingham will develop a forest No comments on LWLAA - 7 management plan aimed at maintaining or restoring diverse forest structure and composition with native plants within one year of acquiring control of each specific property. No Dots L WLAA - 8 Bellingham will begin forest No comments on LWLAA - 8 restoration activities within three years of acquiring control of property that includes elimination of invasive non-native plants. No Dots LWLAA -9 Bellingham will remove No comments on LWLAA 9 unnecessary roads, culverts, and built structures from all acquired property within three years of acquiring control of the property. No Dots L WLAA - IO Bellingham will target purchase No comments on L WLAA - I 0 or conservation easements of developed property with willing sellers to provide natural stormwater treatment in key locations to prevent pollution sources from reaching the lake.

40 Yellow Dots 4 LWLAA-11 Each acquired property will No comments on LWLAA-11 have a baseline-monitoring inventory that states existing characteristics, habitats and detailed restoration goals and actions. No dots LWLAA-12 Periodic monitoring will be No comments on LWLAA -12 compared to the baseline inventory, goals and action plans to ensure that management strategies are producing the desired results No Dots. LWLAA-13 All reports of misuse of No comments on LWLAA - 13 protected land are addressed either through adaptive management or enforcement. No Dots LWLAA-14 Signs detailing allowable No comments on LWLAA -14 activities will be posted on a11 watershed protection properties. Yellow Dots 4 LWLAA-15 The Watershed Ranger will No comments on LWLAA - 15 have a visible presence in the watershed by providing ongoing education about and enforcement of watershed protection regulations and activities. Yellow Dots 4 L WLAA - 16 Bellingham will strictly enforce No comments on LWLAA-16 its policy ofnot allowing hookups to City water outside ofUGA's in the watershed. Green Dots 1 Yellow Dots 2 L WLAA - 17 Bellingham will renegotiate its No comments on LWLAA-17 contracts with Water Districts in the watershed to eliminate future extension of City water to building lots created after 2007 and to reduce current contractual agreements for hookups so that fewer new homes are built in the

41 watershed. Yellow Dots 5 General Comments Comment 1: Bellingham cannot afford the 1 &2.Lake Whatcom is listed as an impaired taxes this would require - it has to be body ofwater and it is required to be cleaned coordinated with the County and impact up under State and Federal law. The City the whole lake~ a completely clean north currently has a land acquisition program basin (city surrounded) won't help water that purchases land outside the city to protect quality from the central basin the quality ofour drinking water source. (Anonymous) This program is done in conjunction with the Comment 2: Be sure to speak to County and Water Districts. limited geographic jurisdiction coordination. COB research by WWU has shown that flow does not control the rest of the lake outside patterns in the Reservoir include a city limits. (Anonymous) significant and counterintuitive back flow from Basin 1 to 2 and from Basin 2 to 3.

Water Habitat Green Dots 31 (Indicates approval of entire chapter) LWWHA-1 Implement the strategy for No comment on LWWHA - I conservation and recovery of native fish populations currently being developed by Washington Department offish and Wildlife. No Dots LWWHA-2 Monitor water quality in Silver No comment on LWWHA - 2 Beach Creek to guide restoration of water quality. Yellow Dots 1 L WWHA - 3 Restore legally mandated Comment I: # 3 Buffer would violate 1. Stream buffer required under the Critical riparian areas buffers along side of Silver property rights of homeowners (Doug Areas Ordinance already exist. Existing Beach Creek with native vegetation both inside Mooers) buffers would be enforced and additional of the city limits and in the county. lfthe buffers could be required ifyard runoff into buffers prove to be insufficient, expand the streams was causing pollution to enter lake buffers as necessary. Whatcom Reservoir. Green Dots 2 Yellow Dots 6 LWWHA - 4 Develop and implement a plan #4 Like idea of working with homeowner 1. See LWWHA 3 Response above. We to work with nronerty owners adjacent to the but do not like mandate on homeowners. avee that we should have the freedom to

42 Lake Whatcom Reservoir or tributaries to Freedom to disagree with research based practices but modify activities or land uses to enhance Mooers) believe that we all have an obligation to stream and hence Lake Whatcom Reservoir comply with legal requirements water quality protections. Yellow Dots 3 LWWHA - 5: In conjunction with the No comments on LWWHA- 5 Washington Department offish and Wildlife, develop and implement a plan to reduce or eliminate non-native fish species from Lake Whatcom Reservoir. Green Dots 2 LWWHA - 6: Monitor fish species for No comments on LWWHA - 6 contamination. Post advisories at popular fishing locations and boat launch areas. Report advisories in local media and place notices in the City Sewer and Water billings.

Recreation Green Dots 30 (Indicates annroval of entire cha ter) LWRA-1 Use Bloedel Donovan Park as a No comments on LWRA - 1 City I County Plan. "Coordinate with City model to demonstrate 'Best Practices for Care and County parks departments to develop of the Watershed' by providing the interpretive and manage parks and open space in the examples of caring for the watershed, watershed in a manner consistent with water advocating pesticide/phosphorus free lawn care quality protection goals." (L WWPT by task and labeled plants in rain gardens. 9.1.) No Dots LWRA - 2: Clearly and publicly post all No comments on LWRA - 2 boating, park rules, and swimming rules No Dots LWRA-3: Establish position of Lake Comment 1: What will the ranger do? 1, 2 & 3. The Ranger will insure that Ranger/Sheriff to allow for better enforcement Will he report people for washing cars & residents comply with legal requirements of city rules on the lake, with additional putting rocks in front of their house through a program ofeducation and support on holidays. (Audrey) enforcement. If washing cars is prohibited Green Dots 3 Comment 2: #3 Need to define role of in the watershed, he/she would adtlress the Yellow Dots 13 Sheriff in terms of private property infraction. People do not have the right to homeowner's use of their propertv. (Dou~ do anvthinJl thev want on their property such

43 Moolis) as operate a Meth lab or build a high rise Comment 3: People who are homeowners apartment complex if the zoning does not so in the watershed have the right to do what permit. they want on their property. NO to #3! No City I County Plan. "Seek additional funding sheriff monitoring and extra expense to sources for implementation ofthe program homeowners. (Anonymous) elements. Someone specifically assigned to educate and enforce existing regulations in the watershed." (LWWPTJJ.I) LWRA-4: Establish position of No comments on LWRA - 4 City I County Plan. "Seek additional funding Lifeguard/Lake Steward/Educator (combined sources for implementation ofthe program role) for summer and holidays at park. elements." (LWWPT II.I) Green Dots 9 LWRA- 5: Increased Compliance with No comments on LWRA - 5 Watershed Guidelines during community events and activities (see appendix 5) No Dots LWRA- 6: Develop and implement safe No comments on LWRA - 6 swimming guidelines (see appendix 5) No Dots LWRA- 7: Enforce current and proposed No comment on LWRA - 7 City I County Plan. "Coordinate with City boating and water sports regulations including: and County parks departments to develop WA State Navigation law (Note: New and manage parks and open space in the legislation in forcel-8-2008.) (see appendix 5) watershed in a manner consistent with water Possession of Washington State Boater quality protection goals." (LWWPT by task Education Card. 9.1.) Legal age requirements for boat operation, and rules therein. Guidelines of the Lake Whatcom Management Program, 'Boatnotes: A handbook for Boater's on Lake Whatcom' (see appendix 5) No Dots LWRA- 8: Introduce boat trailer parking Comment 1: #8 - Charge fee for Boat I & 2. It is not clear why City residents Fees at Bloedel Donovan Park. Trailers ONLY ifout of city Residents (C. should be spared paying/or the parking lot Green Dots 1 Davis) pollution controls and maintenance ofthe Yellow Dots IO Comment 2: Don't we already pay enough launch since they use it too. Users should taxes to cover this alreadv? Of course we pay.for what they use.

44 do!! We're already overtaxed on the lake!! 3. Fees would largely pertain to power boat (Anonymous) users who can afford to own and pay for fuel Comment 3: #8 fees prohibit lower income fora boat. families from using the lake (Dave Moolis) 4. Weagree. Comment 4: Boat trailer fees - As long as it's enforced and consistently applied. Yeas ago, a kiosk was "occasionally" collecting fees at peak times - not fair. (Mike Vandehev\ LWRA- 9: Provide written guidelines to No comments on LWRA - 9 boaters at the fee collection kiosk, including 'Boatnotes', posters and information displays. No Dots LWRA-10: Adopt and enforce new powered Comment 1: Swimmers are already 100 I. This would apply to all lakefront property, personal watercraft regulations including: feet from dock. Include swimming barriers 2. Existing rules as found in "Boat Notes" Power watercraft must proceed out 200 feet so boating lanes are clear. (Ken Bell) revised 2006 edition, should be followed and from shoreline without generating a wake, or Comment 2: No to #1 O!! These rules enforced exceeding 5 MPH; would be next to impossible for adult to do Remain at least 100 feet from swimmers at all let alone a teenager. Everyone would have times; to carry a measuring tape in their boat for Proceed out and return to shore in a straight 200 ft from shoreline, 100 ft from line; swimmers and· who can measure noise? Ban personal powered watercraft rental and This is a hidden strategy to discourage watercraft racing; and people from using the lake for recreation. All watercraft noise should be 80 decibels or (Anonymous) lower (this is also the current tractor trailer trucks guidelines for roads.) Green Dots I Yellow Dots 13 LWRA-11: Review existing and update No comment on LWRA - 11 regulations for seaplanes and amphibious aircraft in the Watershed. This would include: Developing a plan for handling a fuel spill, human injury or other disaster. Publishing this plan so that it can be reviewed by the public and emergency response

45 professionals Prohibiting place from being refueled on the lake or in the watershed. No Dots L WRA -12: Replace boat docks with aquatic- No comment on LWRA - 12 ecosystem friendly docks No Dots LWRA-13: Ban all use of fireworks in the No comment on LWRA- 13 watershed, because they pollute the air, soil and water with heavy metals, and also cause noise pollution, litter, and add other toxic elements in our water supply No Dots LWRA-14: Develop City supported No comment on LWRA-14 workshops and an on-line link to the Neighborhood web site No Dots LWRA-15: Encourage public and private No comment on LWRA - 15 partnerships between agencies and groups to promote overall goals as stated. No Dots LWRA-16: Establish an annual Community No comment on LWRA - 16 'Best Practices' Award for Sustainability No Dots LWRA-17: Establish an easy reporting and This will not promote community - it will 1. We disagree. Enforcement is the enforcement mechanism, so citizens are turn neighbor against neighbor - (Bob responsibility ofcitizens as well as the encouraged to file nuisance reports due to Bray) authorities. Citizens are frustrated at present unacceptable loud noises on the Jake, observed since there is no one to call to address such safety violations, vandalism, or polluting violations of City ordinances. activities on the lake. No Dots General Comments Comment 1: We need to review legal 1. The City would explore such legal conveyance documents regarding gifting of contingencies if the Action Plan were park to city to determine what items we adopted. can change and what we are prohibited from doine (Wendv Harris)

46 Pure Drinkiug Water Moved to first position in Chapter Green Dots 29 (Indicates approval of entire chapter) Yellow Dots 5 (Indicates concern regarding entire chapter) LWPDWA-1 Create a city department to be Comment 1: As the city controls such a I. True the City occupies a small portion of responsible for the Lake Whatcom Reservoir, relatively small area of the lake how is it the reservoir; however it provides water for its watersheds and associated drinking water likely that all areas in the watershed can be most ofthe people in the area. We believe treatment facilities. Pending creation of this brought into similar compliance. Is it that such a sole authority is vital to effective department, all jurisdictions shall establish and feasible to have some sort of "watershed management ofthe Reservoir and think it is implement the same regulations pertaining to super-authority" (Alan Kemble) feasible. the Resetvoir, its watershed and associated Comment 2: This supposes the city can 2. The need/or increasing levels of drinking water treatment facilities; a single have jurisdiction over all of the lake - this treatment to maintain drinking water quality individual shall coordinate these regulations. won't happen - plan for better treatment in the system results in increasing levels of No Dots and filter infrastructure and other water Trihalomethanes (THMS), suspected cancer sources (Anonymous) causing compounds. We think it vital that we maintain good quality source water to minimize the exposure ofour citizens to these compounds. . City I County Plan. "Research options for . creation ofa Lake Management District." (Referenced in JCT 11.8.)

LWPDWA - 2: Determine the pathways by No comments on LWPDWA-2 which benzene enters the Reservoir and determine procedures to interrupt these pathways. No Dots LWPDWA - 3: Establish a program that Comment_l: Boats are certified by EPA 1 & 2. New engines standards were adopted requires an annual inspection and permit for with respect to emissions. (S. Hover) in 1998, were phased in between then and any fossil fueled vessel to operate on Lake Comment 2: I don't believe that most of 2006 and pertained to new engines only. Whatcom Reservoir. Permitted vessels shall the boats require an inspection maybe after This program would insure that engines are prominently display a permit sticker when on they are 20 years old or something like that properly tuned to minimize emissions the Reservoir or when entering or leaving the if they are polluting have the sheriff sight 3. The benefit is fewer hydrocarbons in the Reservoir. Fees collected by this program shall them a ticket. (Anonymous) source water for our drinking water. be used to enforce the program and monitor the Comment 3: 3 - Another tax and spend 4. This program would help to insure these effect of fossil fueled vessels on the Reservoir. bureaucracy. Show me the pollutinl! enf;ines are kept offthe lake and

47 Yellow Dots 17 benefit!!(collecting fees to enforce fee would help insure those boats approved/or collection?) lake use are as pollutant free as possible. Comment 4: With 2 stroke engines The City's two stroke ban is unenforceable, removed from the lake I don't feel another the County's is not yet in effect and when it rule needs to be implemented and have to does go into effect, it exempts some two be enforced. (Tim Domeg) stroke engines. Comment 5: No to #3! The government 5. This seems to be objecting to a doesn't need more control by requiring recommendation that is not contained in the vehicles to have annual inspections and SBNP, namely that cars and trucks be permits for living in the watershed. Also subjected to emissions inspections. people are conserving gas anyway by carpooling and riding the bus. And most important, people living in the watershed don't need to pay more taxes. (Loi Walton) LWPDWA - 4: Prohibit fueling of boats at Comment I: - 4 OK (Mike Vandehey) 2. Refueling should be done off the public boat launches on the Reservoir - this Comment 2: Requiring boat owners to pull Reservoir to prevent the introduction of would include all of Bloedel Donavan Park- their boats out of the lake to refuel will hydrocarbons into our drinking water. and on roads within 1,000 feet of a launch site. result in tremendous congestion at boat Yellow Dots 7 launches - Increased traffic increased pollution. Perhaps and eco friendly fueling station would be a better idea. (Ken Bell) LWPDWA - 5: Only permit fuel tanks that Comment 1: - 5 - Senseless - you havn 't 1. Although there may be other benzene attach directly to engines on the Reservoir; completed-2 itudy. (Mike Vandehey) pathways to the Reservoir, data do suggest prohibit all other fuel containers from use on that boats are responsible for a significant Lake Whatcom portion ofbenzene pollution. (Conversation Yellow Dots 8 with Steve Hood, Department ofEcolofII!) LWPDWA - 6: Exclude all carbureted two Comment 1: - 6 - no - not based on 1. Studies have shown that carbureted 2 cycle engines from Lake Whatcom Reservoir. science. (Mike Vandehey) stroke engines pollute significantly more Yellow Dots 2 than fuel injected 2 stroke or 4 stroke enf{ines. LWPDWA - 7: Require that the few No comments on LWPDWA - 7 City I County Plan. "Review applicable remaining septic systems within Bellingham's policies and provide recommendations on city limits be connected to the sewer system prohibiting OSS in the City's portion ofthe Green Dots 1 - watershed and 10.6 Consider options for Yellow Dot l requiring on-site septic system (OSS) inspections durinf{ all real estate

48 transactions. "(Referenced to JCT JO.SJ LWPDWA - 8: Lift the Sudden Valley golf Comment I: - 8 YES! (Mike Vandehey) City I County Plan "Coordinate with Sudden course's exemption from the phosphorus Valley Community Association to establish fertilizer ban in the watershed. Examine and best management practices consistent with implement ways in which the Sudden Valley source water protection goals/or Sudden golf course may be managed to reduce or Valley Golf Course, braches and other public eliminate the use of all fertilizer. areas." (Referenced to JCT 10.5) Yellow Dots 2 LWPDWA - 9: Require chipping and ban No comments on LWPDWA-10 burning of material left over after any form of land clearing. No Dots LWPDWA -10: Require that wood burning No comments on LWPDWA -11 stoves meet EPA criteria for smoke emissions and work to upgrade stoves already in use which do not meet these criteria. I Yellow Dot

LWPDWA -11: Ban the use of fireworks Comment 1: I am delighted to see a 2. Fireworks have many harmful inside the watershed suggestion to ban fireworks. I understand components, specifically heavy metals, that Green Dots 5 that this recommendation is made to pollute the Reservoir. There are many Yellow Dots 9 preserve the health of Lake Whatcom and sanctionedfireworks displays that can be while I totally support that, I would suggest observed. the fireworks are crating a noise nuisance as well as a fire damage. I live next to the forested watershed & frequently walk in there- For the week following & preceding July 4th, I see evidence that fireworks have been ignited in the forest. From the front window of my home, I also see fireworks projectiles landing near wood fences and dry brush. (Anonymous) Why? How will this protect the watershed? Don't take away all our fun & community spirit! (Anonymous) LWPDWA - 12: Study and implement Comment I: Arrange for Fish & Wildlife 1. This is a suuuestion which falls under the

49 methods of reducing the Canada goose round-up of Canadian geese for 3 yrs. To recommendation to study and implement population in the Lake Whatcom watershed. eliminate population. Geese cannot fly last control methods. However, the experience in This would include discouraging the planting 3 wks of June - F & W will do round-up & other areas suggests that the problem will of grass adjacent to water frequented by euthanize them for a fee of+/ $2000. Need not be solved in three years by this method. Canada geese and promote alternatives to lawn to do this as our beach is so full o f feces we 2. It is not likely that shooting will be in areas where geese are known to feed or nest. don't allow swimming. (Susan Edgar) permitted within the City limits; or the 15 Yellow Dots 2 Green Dots Comment 2: -12 Geese- Lift the no populated portions ofthe County for that shooting zone ordinance - Geese are good matter. eat'n! (Mike Vandehev\ LWPDWA -13: Determine the deleterious Comment I: #13 Unharmful pilings keep 1. The recommendation is to remove impact of unused pilings in and near the intrusion of boating from shoreline. Also harmful pilings. Many, if not most, old Reservoir. Prepare and implement a plan to provides evidence of past docks that were pilings were protectetl with substances remove unused pilings, beginning with those removed. (Doug Moolis) harmful to marine organisms and may be a determined to be most harmful to water quality. source ofongoing contamination. Such 5 Yellow Dots contamination should be removed from the Reservoir. See recreation/or provisions to keev boats awav from shoreline. General Comments Comment 1: These issues go beyond the I. The City has charged SBNA with the scope and expertise of a neighborhood responsibility ofdeveloping a neighborhood association. Should be referred to plan. appropriate city/stat/federal agencies. The entire SBNP will take the form of (Kerry Garrett) recommendations to the City and County. Nothing recommended in this document can be enacted without f!overnmental action.

50 Enforcement Green Dots 30 (Indicates annroval of entire chapter) L WEA - I : The City shall vigorously pursue Comment 1: Impose large fines for 2. The role ofthe ranger or enforcement enforcement of the laws, by increasing staffing violations of current 2 cycle motor ban. officer is to educate and enforce. and resources. A "Lake Ranger11 position will Not being enforced (Pete Coy) be funded and supported, no later than January Comment 2: Oppose creation of a ranger 31, 2008. with power to fine/oversee residents. This is I Green Dots I big brother. Yellow Dots 14

Long Range Planning Green Dots 30 (Indicates annroval of entire cha >ter) L WLRPA - 1 : The City will conduct a No comments for LWLRPA-1 biennial review of long range planning alternatives to our current drinking water system in response to future events that might include: Moving the water intake Changing water treatment processes Changes to the Middle Fork Nooksack River Diversion Acquiring a totally new water source Renegotiating agreements to provide water to non-city residents Green Dots 4 General Comments Comment 1: Consider requiring homeowners to disclose land/home use regulations & restrictions when selling their home or nronertv

51 <-: "

October & November 2007 Plan Comments & Responses

This chapter addresses comments, written and email, made about the Plan between October 11 and Nov 1, 2007, including those collected at the October 11 meeting. The table below includes responses prepared by the chapter or section's author. Only the Action Items that were commented on are included in this list. For comments about the Plan development and voting process, see Process Comments Section on page.

Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov I, 2007 Land Use and Zoninf! General Comments Comment 1: While I am interested in some building restrictions in 1. General comment the Lake Whatcom Watershed I had trouble with the wording of 2. Question for city planning department Chapter 2 LUZA 1, 2, and 3, so I voted not on all of them. (Kathy on enforcement Bastow, Oct. 2007 meeting) 3. General comment Comment 2: I'm curious why my neighbor cannot pave their 4. Purpose is not to limit remodeling that driveway, when their home covers only about 25-30% of their land, while landowners on the Jake seem to be building large homes that complies with current codes take up 80% of their permeable surface. Why is the city allowing 5. The intent was to grandfather current such different treatment of homeowners on the lake verses those in property rights wooded areas off the lake? (Kathy Bastow, Oct. 2007 meeting) 6. Your vision for the neighborhood store Comment 3: Generally, too much subtly in all of these statements to and cafe is what the plan authors had in be understood in one 30-minute voting session. These ballots could mind. have been available on line weeks before for review at home. (Oct. ballot comment) Comment 4: Page 21 states that remodels will continue to happen "if permitted" New wording. What is the purpose of this except to limit remodeling of your home? Most homes are in dire need of remodeling. (Anonymous handout distributed at Oct. 11 meeting) Comment 5: There is no mention of maintaining any grandfathered property rights. (Anonymous handout distributed at Oct. 11 meeting) Comment 6: 1. Rezone some areas to return to low density but expand the retail zone! This is only fair to those in the retail zone and areas allowed to remain high density. Retail expansion will bring more traffic, more parking Jots, etc. We need a neighborhood store that we can walk or bike to for groceries and maybe a bite to eat or a haircut. We don't need a neighborhood investment office, realty office, jail, rehab facility, or other attractants to more traffic, people, or animals from outside the watershed area.

'Of.\.\ b·.t- -e. 77 Plan Element: Comment Response Section - Action Verbatim comments received Oct 1-Nov1, 2007 LUZA - 1 Consider a building Comment 1: Given changes in global environment I'm not I: Intent is to allow development when moratorium to limit further convinced the quality of Lake Whatcom improvements will deterioration ofwater quality is reversed, development in the Lake Whatcom happen. I think we can slow deterioration but building Remodeling that does not affect water Watershed until water quality moratoriums may not reverse it. So the wording of until quality should be allowed improvements in Lake Whatcom quality improvements in the Lake can be verified gave me the 2: We only can control activity within the are verified. impression that I could never do anything to my home neighborhood including remodel, update, maintenance, etc. (Kathy Bastow, 3. Noted. Oct. 2007 meeting) Comment 2: The plan recommends as it's top priority a building moratorium on the entire lake. Outside the scope of the Silver Beach neighborhood. (Anonymous handout distributed at Oct. 11 meeting) Comment 3: A building moratorium would have drastic effects on a few and is unfair. One could counter with other draconian proposals such as: create park-and-rides outside the watershed and then only public transportation within the watershed (no private vehicles). Or how about, all vehicles entering the watershed have to display certifications to have no oil leaks, no fossil fuels, etc. Enough of that. .. LUZA - 2 Land use designations Comment 1: Every neighborhood has been recommended for 1. Only recommended changing density in should be adjusted in areas where down zone. The land use and zoning sections have 6 areas, appropriate, including Changing recommended that all neighborhoods be moved to low density. 2 .No action required the designation of Areas 3,6,11, That would mean almost every home in the neighborhood 3. No action required and 14 to Residential Single, Low would immediately non-conforming. In order to do anything 4. Intent is to grandfather Density; Changing the designation on your property you would need to seek a variance. of Area 13 to limit further (Anonymous handout distributed at Oct. 11 meeting) development; Changing the Comment 2: Page 5. "Future multi-residential construction in designation on Section 18 to reflect three of the designated areas may create limited population the current use and decrease growth, generally harmful to the health of the lake ... " density. (Anonymous handout distributed at Oct. 11 meeting) Comment 3: I need to see a map (Oct. ballot comment) Comment 4: Rewrite, grandfather in current lot zoning (Oct. ballot comment)

78 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov 1, 2007 LUZA - 3 Due to watershed Comment 1: LUZA 2 included two concepts and two I. No action required location, wildlife, wetlands, trails distinctly different recommendations which I think should 2. No action required and proximity to Big Rock Park have been separated. (Kathy Bastow, Oct. 2007 meeting) and the Silver Beach School, Comment 2: Where is area I? (Oct. ballot comment) further development in Area 1 should be prohibited. LUZA - 4 The City should Comment 1: I am not familiar with area one so I didn't feel I. No action required. continue and expand their program qualified to vote. (Kathy Bastow, Oct. 2007 meeting) to purchase sensitive land areas in the Lake Whatcom watershed. In particular it should purchase the wetlands adjacent to Bloedel Donovan Park and located within Area 13 LUZA - 5 The zoning code should Comment I: City should pay for this. (Oct. ballot comment) I. General comment. be updated to include landscape treatment adjacent to streams. All year around streams should have a buffer zone consistent with the Shoreline Master Plan. LUZA- 7 Existing property Comment 1: Who pays for this? (Oct. ballot comment) I. No action required. owners on the lakeshore should be Comment 2: What is this? (Oct. ballot comment) encouraged to participate in the Comment 3: Should be required (Oct. ballot comment) storm water retrofit prorzram. LUZA - 8 All requests for building Comment I: ADD native vegetation as possible... (Oct. I. No action required. permits should include a ballot comment) landscaping plan that includes retaining as much native soils and vegetation as possible. New plantings should be designed to protect existing views where possible.

79 Plan Element: Comment Response Section - Action Verbatim comments received Oct 1 - Nov 1, 2007 LUZA - 9 Update the zoning code Comment 1: Why? How do they impact water? (Oct. ballot 1. General comment. to include regulations regarding the comment) size of docks and other marine facilities. The size and number of these facilities should be reduced so as not to degrade the quality of the Lake. Transvortation General Comments Comment 1: Northshore- yes, traffic should be directed away 1. Agree. from the lake, not near the shore. It seems all the new 2. The plan intended to do that. construction and roads are feeding more traffic onto 3. Good idea. Northshore! Where are effective planning departments in the City and County? Comment 2: Haggin Steet- yes, connecting this street to the north has made it a thoroughfare and is fueling more development within the watershed. The neighborhood should be challenging the city in these types of changes. Comment 3: A long range plan maybe should be a trolly along the roads around the lake with park and ride outside of the watershed. The trolley could let neighbors visit the retail areas without using their cars. TA - 8 Academy on both sides of Comment 1 : Snow removal, you missed the point. (Oct. ballot I .Snow removal and sanding, traction the lake will be upgraded for safety comment) control is a seasonal concern that should reasons. The road is heavily be on the city's basic to do list. The traveled and in both cases the traffic plan section is concerned with intersections ofNorthshore and solving long term problems that have or Academy have poor sight lines. are in the process ofdevelovinz.

80 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov I, 2007 LUZA - 9 Update the zoning code Comment I: Why? How do they impact water? (Oct. ballot 1. General comment. to include regulations regarding the comment) size of docks and other marine facilities. The size and number of these facilities should be reduced so as not to degrade the quality of the Lake. Transnortation General Comments Comment 1: Northshore- yes, traffic should be directed away 1. Agree. from the lake, not near the shore. It seems all the new 2. The plan intended to do that. construction and roads are feeding more traffic onto 3. Good idea. Northshore! Where are effective planning departments in the City and County? Comment 2: Haggin Steet- yes, connecting this street to the north has made it a thoroughfare and is fueling more development within the watershed. The neighborhood should be challenging the city in these types of changes. Comment 3: A long range plan maybe should be a trolly along the roads around the lake with park and ride outside of the watershed. The trolley could let neighbors visit the retail areas without using their cars. TA - 8 Academy on both sides of Comment I: Snow removal, you missed the point. (Oct. ballot 1.Snow removal and sanding, traction the lake will be upgraded for safety comment) control is a seasonal concern that should reasons. The road is heavily be on the city's basic to do list. The traveled and in both cases the traffic plan section is concerned with intersections ofNorthshore and solving long term problems that have or Academy have poor sight lines. are in the process ofdeveloping.

80 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov 1, 2007 TA - 9 Any city plans, maps or Comment 1: There is a provision to void any through streets 1. There is nothing that involves a other documents concerning that have not been established. This is an obvious talking. "taking" in this action. Comment 1 is residential streets in the Silver Without through streets, otherwise legal lost become clearly a false statement to influence Beach Neighborhood that are worthless. (Anonymous handout distributed at Oct. 11 people to vote no on this action. currently not through streets but meeting) 2. This comment does not make sense. are shown or referred to as Comment 2: There is a recommendation for a traffic circle at becoming through streets must be the Barclay Haggen store. What? When did Haggen become voided. Any further consideration part of Silver Beach? (Anonymous handout distributed at Oct. of them as through streets needs to 11 meeting) start at square one with the public process. A traffic circle with a rain garden should be considered to slow traffic on Haggin and break up the long straightawav. TA -10 Existing alleys need to be Comment 1: Decided by who? (Oct. ballot comment) 1. This action item grew out ofconcern to evaluated and improved when create "safe routes" to Silver Beach possible. With little work some Elementary School. The alleys presented may provide opportunities as a possible solution. Decided by who? alternative, and safer, bicycle or This was to be a joint effort between the pedestrian pathways through the affected neighbors! City ofBellingham. neighborhood. They should also be evaluated with regard to their contribution to storrnwater runoff and improved if necessarv. Caoital Facilities CF A - 3 The grounds of the Comment I: Only if the storage is underground (Oct. ballot 1. There is not currently a project at Elementary School have large comment) Silver Beach Elementary school but above areas of impervious surfaces that in ground storage probably not be practical. any future remodels should be designed to treat runoff on-site.

81 Plan Element: Comment Response Section - Action Verbatim comments received Oct 1 -Nov 1, 2007 Utilities & Services USO - I The City will create a Comment 1: What are the unneeded structures? (Oct. ballot long-term utility remediation fund comment) to cover costs associated with burying cables, power and telephone lines, restoring threes to streets and removing unneeded structures Parks, Recreation & Oven Snace General Comments Comment 1: They removed Scudder Point from the plan. 1. This is blatantly false information. At (Editorial comment to follow, I suppose it was too much to no time was Scudder Pond removed.from admit that we actually had a protected habitat and source for the plan. In fact, photos ofScudder Pond run off established) (Anonymous handout distributed at Oct. were added to the plan to enhance the 11 meeting) description ofthe area and Scudder Pond Comment 2: Fees put in place along with kiosk at Bloedel to was elevated.from #3 to #2 .. charge people parking boats and trailers. (Anonymous handout 2. This is addressed in the Recreation distributed at Oct. 11 meeting) Section. Comment 3: The Silver Beach community should be ashamed 3. We agree, both the Parks section and not to have lifeguards for Bloedel Park. We always want to the Recreation section suggested adding help youth in the community but I think we are failing. lifeguards. Unfortunately, that Action (Anonymous handout distributed at Oct. 11 meeting) Item did not pass. Comment 4: No mention of boating in the recreation section. 4. This is false information, boating is (Anonymous handout distributed at Oct. 11 meeting) addressed on several levels throughout the plan including the Recreation section.

82 Plan Element: Comment Response Section - Action Verbatim comments received Oct I -Nov I, 2007 PROSA - I Existing buildings at Comment I: Who pays for this? (Oct. ballot comment) 1. Renovations for Bloedel Donovan Bloedel Donovan Park shall be Comment 2: Consider other standards (Oct. ballot comment) Park buildings have already been scheduled for major remodel work Comment 3: Consider other alternatives (Oct. ballot comment) budgeted in the Parks and Recreation or rework in the near future. Future Comment 4: Or a similar standard (Oct. ballot comment) Department budget. improvements shall make the 2. We agree the wording "or other buildings LEED compliant, serving similar standards" should have been as a model of appropriate public & added. Was an error that it was deleted. commercial construction within the community. The site shall be considered for a watershed education center. PROSA - 2 Develop signage Comment I : Defeats purpose of natural, no to signs. (Oct. 1. This was intended to address throughout parks and trails to ballot comment) complaints about inappropriate uses in indicate this area is a sensitive the watershed management area. This watershed management area. includes kids digging holes and building bicycle and motorcycle jumps, all increasing stormwater runoff The intent was that to educate the users so they would use the existing trails instead of disturbinz the watershed.

83 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov I, 2007 PROSA - 4 Work with DNR to Comment 1: No signage should be placed on site to warn 1. Many parents expressed concerns develop a rehabilitation plan for swimmers that the site is polluted. (Oct. ballot comment) about the high count ofE. Coli count at the Lake Whatcom beach site this site and felt strongly a warning located on Northshore between should be posted. The only written public Silvern and Maynard. Signage comments received prior to the October shall be placed on site to warn 11, 2007 supported this action: "There is swimmers that this site is polluted. a park/open space at the mouth ofSilver Creek (Approx Maynard & N Shore) That is not addressed. This area is a trashy dangerous eyesore, being used as lake access. It needs to be addressed in the plan. (Mike Vandehey)" and "The open space on the lake at the mouth of silver beach creek should be improved as a park, it is currently in a serious state of disrepair with garbage everywhere. (Chris Brueske) ". This mirrors verbal comments made throughout this process that the community would like to see this site cleaned up and warning signs used until the E. Coli count is safe. PROSA - 5 Safe, small-scale Comment 1: Signage not needed everywhere (Oct. ballot 1. The request for signs was added at the pedestrian and bicycle access comment) request ofcommunity members, including should be developed at each public boaters, kayakers and parents who have 'Open Space' site listed above. children that bike to these sites. Clear signage that is visible to both land and lake users should be included. Consistent fencing, gates, and signage should be installed to clearlyidentify these sites.

84 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov I, 2007 PROSA - 8 The City will Comment I: My concern is the waste of dogs that kids could 1. This concern was shared by others as recognize that the primary users of step in. Need a better solution. (Oct. ballot comment) well. This is why we added the proposal Bloedel Donovan play and that the City consider revising the swimming area in the summer ordinance. We'd love to hear better season are human, while solutions if someone has a specific recognizing the value of dogs in proposal. But what is 'better' to a parent reducing the Canadian Geese might not be 'better' to a pet owner. A population. Clear off-leash dates tremendous amount of effort went into and hours should be established hearing the concerns of both sides and and posted consistently in city soliciting solutions from both sides. literature and park signage (current signs and literature provide conflicting dates and times). The off- leash times allowed in the pet ordinance should be consistent with seasonal use of the park. To address concerns of dog owners and parents, consider ordinance revision allowing year round off- leash activity in the grass and beach area to the east of the buildings at Bloedel Donovan Park while reserving the pay area and swimming area north and west of the buildings only for human use during the summer months.

85 Plan Element: Comment Response Section - Action Verbatim comments received Oct I -Nov I, 2007 Lake Whatcom General Comments Comment I: I believe the Lake Whatcom section is too 1. Silver Beach is part ofthe Lake extensive and should be used by the City/Council cooperative Whatcom Reservoir watershed. Many of Lake Management group rather than just by City (Anonymous the action items referenced are part of the handout distributed at Oct. 11 meeting) Joint Management and should be Comment 2: Why is Silver Beach neighborhood controlling implemented in the Silver Beach issues on lake and Bloedel? (Anonymous handout distributed Neighborhood as well as the rest of the at Oct. 11 meeting) watershed. Comment 3: It's our right, let boats on the lake! (Anonymous 2- Silver Beach is making handout distributed at Oct. 11 meeting) recommendations to the City and County Comment 4: Why is Silver Beach community trying to set to protect the area's water supply because policy for the entire lake? (Anonymous handout distributed at it is the only City neighborhood on the Oct. 11 meeting) Reservoir. Recommendations are made Comment 5: There is no mention of maintaining any for Bloedel because it is part ofSilver motorized boats on the water. None. There is no mention of Beach. Silver Beach is not controlling the maintaining any grandfathered property rights. (Anonymous issues but rather insuring the handout distributed at Oct. 11 meeting) neighborhood addresses the issues. Comment 6: No dogs. (Oct. ballot comment) Bloedel is part ofour neighborhood. 3- No provision ofthe plan bans boats from the Reservoir. 4- The restoration ofthe Reservoir is going to require participation from the entire watershed. Silver Beach is not isolated from the rest of the lake. The actions we take are actions that are needed in the rest of the reservoir. 5. True there is no mention either way of boats on or boats off. The city and county council are addressing this issue. There is not enough data concerning property rights to respond. 6. There is not enough data to respond.

86 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov I, 2007 Pure Drinkinf! Water General Comments Comment I: This is not applicable to the City Plan. We have 1- The Silver Beach plan is a vision an interlocal agreement City/County re LWPDWAl-13. (Oct. statement for the neighborhood and thus ballot comment) pure drinking water can indeed be part of our plan. The interlocal agreement recommends some broad plans and actions which are referenced in this plan. LWPDWA - I Create a city Comment I: They call for one governmental entity to rule the 1- One ofthe major problems in the past department to be responsible for lake. A single person would be in charge and lord over the has been the fact that the watershed is the Lake Whatcom Reservoir, its regulations. Action Step I. (Anonymous handout distributed at controlled by independent governmental watersheds and associated drinking Oct. 11 meeting) units. In fact, the City and County are water treatment facilities. Pending already pursuing unified governance creation of this department, all jurisdictions shall establish and implement the same regulations pertaining to the Reservoir, its watershed and associated drinking water treatment facilities; a single individual should coordinate these regulations.

87 Plan Element: Comment Response Section - Action Verbatim comments received Oct I -Nov I, 2007 LWPDW A- 4 Prohibit fueling of Comment I: Page 33. No gas cans on the lake. Restated later 1. Fueling boats at a boat launch or on boats at public boat launches on on page 34. No refueling on streets within 1000 feet of the nearby streets is likely to lead to gasoline the Reservoir - this would include lake. Both Electric and Alabama are within I 000 feet of the entering the Reservoir. all of Bloedel Donovan Park - and lake. Maybe a minor point but the way it is worded, you 2. Keeping the handling ofgasoline on roads within 1,000 feet of a would not be able to refuel on either street. Not just within away from the lake keeps it out of the launch site. 1000 feet of the lake but on any street within I 000 feet. lake. Gasoline components such as (Anonymous handout distributed at Oct. 11 meeting) benzene are very harmful to human Comment 2. Prevent facilities on the lake for putting gas in health. boats! This means more people hauling gas cans to boats, spilling gas into the lake, off-gassing more fumes, and spilling onto themselves, their cars, etc. Would you rather have hundreds of people doing that or a facility that can use trained and supervised methods for transferring gas. We don't own a boat but it appears boat owners don't have a voice in the neighborhood association. LWPDWA - 5 Only permit fuel Comment I: Not possible for very small boats. Ballot 1. All fuel tanks attach directly to the tanks that attach directly to engines comment. (Oct. ballot comment) engine. on the Reservoir; prohibit all other Comment 2: HERE THEY WANT A FOSSIL FUEL FREE 2. A fossil free Reservoir does not contain fuel containers from use on Lake RESERVOIR. THIS IS THEIR FJREST OBJECTIVE IN benzene or other harmful fossil fuel Whatcom. THIS SECTION. What does a fossil fuel free reservoir mean? byproducts. (Anonymous handout distributed at Oct. 11 meeting) LWPDWA - 7 Require that the Comment 1: Remove word 'few' and replace with '300 1. The latest data from the city notes that few remaining septic systems remaining septic systems within the city limits ... (Oct. ballot there are very few septic systems (less within Bellingham's city limits be comment) than 10) left within the city limits connected to the sewer system. Comment 2: Banning septic systems would also have drastic 2. There are few remaining septic effects on a few and is unfair. We worry more about systems in the city and converting to maintenance and operations of the sewer lines in the sewer should not be too bit a burden. watersheds than a few septic systems. Is there real evidence Septic systems are sources ofe. coli. that the existing septic systems are a problem? Silver Beach Creek is high in e. coli which may well be due to septic systems in the county.

88 Plan Element: Comment Response Section - Action Verbatim comments received Oct I -Nov I, 2007 LWPDWA - 8 Lift the Sudden Comment I: Not our jurisdiction (Oct. ballot comment) I - In does not makes sense to ban Valley golf course's exemption phosphorous fertilizer in Silver Beach and from the phosphorus fertilizer ban still allow it in other parts of the in the watershed. Examine and watershed. Silver Beach and Sudden implement ways in which the Valley are both part of the watershed. Sudden Valley golf course may be managed to reduce or eliminate the use of all fertilizer. LWPDWA - 9 Require chipping Comment I: Define more clearly (Oct. ballot comment) I &2-Areas in the urban growth area and and ban burning of materials left Comment 2: Already required (Oct. ballot comment) the watershed continue to burn land over after any form of land Comment 3: Already a burn ban (Oct. ballot comment) clearing debris rather than chip. clearing. 3- There is a burn ban within the city but not in the county. LWPDWA - I 0 Require that wood Comment I: With financial help from city (Oct. ballot I- Not enough data to respond. burning stoves meet EPA criteria comment) for smoke emissions and work to upgrade stoves already in use that do not meet these criteria. LWPDWA- 11 Ban the use of Comment I: Why ban the use of fireworks? (Oct. ballot I. Fireworks contribute many pollutants fireworks inside the watershed. comment) to the Reservoir. LWPDWA- 12 Study and Comment I: "DISCOURAGING THE PLANTING OF I. Studies have shown that geese frequent implement methods of reducing the GRASS ADJACENT TOWATER FREQUENTED BY easily accessed grassy areas like lawns. Canada goose population in the CANADIAN GEEES AND PROMOTE ALTERNATIVE TO 3 & 5. Shooting firearms is prohibited in Lake Whatcom watershed. This LAWN AREAS. Take out your grass and put in their the City Not enough data to respond. would include discouraging the recommended vegetation. (Anonymous handout distributed at 2 & 4. This is the intent ofthe proposal. planting of grass adjacent to water Oct. 11 meeting) frequented by Canada geese and Comment 2: Get rid of the geese! (Oct. ballot comment) promote alternatives to lawn in Comment 3: Shot gun works best (Oct. ballot comment) areas where geese are known to Comment 4: They need to do something about the geese. They feed or nest. cause a lot of pollution. (Oct. ballot comment). Comment 5: Try shooting them. (Oct. ballot comment).

89 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov 1, 2007 Public Education LPEA - I Craft and implement a Comment 1: This has been done. (Oct. ballot comment) 1. Unfortunately the current program has personal outreach program not been effective. utilizing city staff, SBNA, Master Gardeners, industry experts and others. This group will provide stewardship education for watershed residents that advocates appropriate stormwater management, gardening, home and auto maintenance practices, particularly during periods of peak outdoor activity. LPEA - 4 Require education, Comment 1. Certification of working coming into the 1. Education of workers coming into the training and certification for neighborhood?! Now there's fuel for a huge new watershed is the intent. construction personnel doing bureaucracy. Of course education for preserving the concrete work, asphalt work, land watershed is a good thing, but the implications of certification excavation, earth moving, land have not been thought through. clearing or disturbance, repair to existing underground utilities or exterior painting. LPEA- 6 Establish a single 24/7- Comment I: Dept. of Ecology does this. (Oct. ballot comment) 1. DOE does not have a 2417 operated point of contact for citizens to response line. report watershed concerns and insure a timely response. LPEA - 8 The city will conduct an Comment I: [Conduct review] every 2-3 years (Oct. ballot 1. The current city budget cycle is on an annual review of the effectiveness comment) annual basis and thus funding should be of current education programs with reviewed annually. SBNA and residents. LPEA - 9 Establish a coordinating Comment I: This has been done (Oct. ballot comment) 1. Unfortunately this group has not been group between the city and county effective to address watershed education concerns in areas adjacent to the citv.

90 Plan Element: Comment Response Section - Action Verbatim comments received Oct 1-Nov1, 2007 LPEA- 10 Tailor education Comment 1: HOMEOWNERS WOULD BE MONITORED I &2. Not enough data to respond programs to address specific FOR POLLUTION AND EDUCATED IF SOMETHING IS homeowner practices tied to FOUND. Who monitors and who educates? Big brother is stormwater pollutants found on or watching. (Anonymous handout distributed at Oct. 11 near their property. meeting) Comment 2: "Tailor education to address specific homeowner practices tied to storm water pollutants found on or near their property. They will come to your home. (Anonymous handout distributed at Oct. 11 meetin

Stormwater Manaf!ement General Comments Comment I: We need more information about potential I. We agree. See education section. solutions. (Oct. ballot comment)

91 Plan Element: Comment Response Section - Action Verbatim comments received Oct I -Nov I, 2007 L WSMA - I Individual property Comment I : How much will this cost? (Oct. ballot comment) I. It would depend on many factors, lot owners and occupants should Comment 2: Should be recommendation not requirement (Oct. size, slope, runoff, vegetation, etc. install on-site treatment or ballot comment) 2. DOE will require that the city address infiltration/recharge facilities on Comment 3: Impossible to ensure (Oct. ballot comment) this issue. their own properties, and minimize Comment 4: Need more information about potential solutions 3. Many solutions are obvious. the amount of water that flows off­ L WSMA I (Oct. ballot comment) 4. We agree. See education section. site. Many of the solutions involve low technology and low cost such as rain barrels or dry wells. We believe that costs for more expensive solutions should be shared or funded completely by City grants such as the Stormwater Retrofit Program. LWSMA-2 Roadway signs and I Comment I: Not at my expense (Matt Myers) I. Not enough data to respond. pavement markings highlight the path and effect of chemicals from vehicles. The City's infiltration/recharge and treatment facilities on public properties will substantially reduce the amount of pollutants that are carried off the road surfaces. The City will conduct a national search for known best practices, and collaborate with researchers on this topic for even better practices.

92 Plan Element: Comment Response Section - Action Verbatim comments received Oct 1 - Nov 1, 2007 LWSMA - 5 In order to establish a Comment 1: Fees established for homeowners that do not pay 1. Not enough data to respond. fair and equitable city-wide for and put install a personal storm water collection unit on stormwater management program, their property. (Anonymous handout distributed at Oct. 11 the City will implement a three- meeting) tiered program that includes incentives to assist property owners in managing stormwater runoff from their property with natural (low technology) techniques or fees for those who choose not to manage their property's runoff that shall be used to pay for off-site mitigation. The enforcement of existing City Codes will include fines to be used to mitigate any negative impacts caused by the infractions. LWSMA - 6 The City of Comment 1: My personal favorite - A Right tree, Right place: 1. This will effectively address stormwater Bellingham will develop and fund policy will be established. They will now become your and view issues by providing help in a voluntary program to support gardener. (Anonymous handout distributed at Oct. 11 meeting) selecting the right tree. retention of existing trees in the Comment 2: Height, view, stormwater (Oct. ballot comment) 2. Not enough data to respond. watershed and the planting of new and replacement trees using the 'right tree, right place' management policy that compliments the city's existing street tree policy. Monitorintz General Comments Comment 1: This is not part of comp plan, let city/ county deal 1. LU-130 and LU 134 in the with this. (Oct. ballot comment). Comprehensive Plan address the needfor Comment 2: Remove word reservoir and replace with lake environmental studies and research to throughout this section (Oct. ballot comment) better understand the watershed system. 2. The dictionary definition ofreservoir pertains to Lake Whatcom.

93 Plan Element: Comment Response Section - Action Verbatim comments received Oct 1 - Nov 1, 2007 L WMA - 1 Continue the current Comment 1: This is not part of Comp Plan, let city/ County 1. The Comprehensive Plan endorses annual reservoir water column and deal with this (Oct. ballot comment) research to better understand the enhanced tributary monitoring watershed system. proITTam. L WMA - 3 Regularly monitor Comment 1: City should determine pathways by which 1. Agreed. benzene contamination of the benzene enters the reservoir. (Oct. ballot comment) 2. Benzene is not a natural feature oflake reservoir and the city's treated Comment 2: Remove the word 'contamination' from action systems and is therefore a contaminant. drinking water. Determine the item language (Oct. ballot comment) pathways by which benzene enters the reservoir. L WMA - 4 Determine the impacts Comment 1: Allow state to do its work (Oct. ballot comment). 1 & 3. This initiative endorses State to aquatic organisms, water quality Comment 2: Impossible to ensure (Oct. ballot comment). action for this research. and potentially human health from Comment 3: Let state do their work (Oct. ballot comment). 2. Comment not sufficiently detailed to the leaching of contaminants from permit a response. oxygen-depleted bottom sediments during reservoir stratification. L WMA - 7 Groundwater at Comment 1: This is beyond scope of task. (Oct. ballot 1. Groundwater may be adding to multiple depths in the immediate comment). contamination issues in the reservoir. vicinity of old dumps and other The Comprehensive Plan advocates potential sources of groundwater research to better understand the contamination that might find its watershed. way to the reservoir shall be sampled and analyzed for a broad range of pollutants including pharmaceuticals, flame retardants and endocrine disrupting compounds. Sites identified as contributing to groundwater contamination shall be monitored at least every 5 years.

94 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov I, 2007 Land Acauisition General Comments Comment I: Not part of comp plan (Oct. ballot comment). I. Land is being acquired in the Silver Beach Neighborhood which is part of the watershed. We support this activity for the entire watershed. L WLAA - I In partnership with Comment I: Not part of comp plan (Oct. ballot comment). I. See above comment. Whatcom County, Bellingham will seek state and federal and private funding to assist in acquiring all of the remaining undeveloped land in the watershed through outright purchase, conservation easements, or purchase of Development Rights. L WLAA - 11 Each acquired Comment I: Who pays? (Oct. ballot comment). I. Not enough data to respond. property will have a baseline- monitoring inventory that states existing characteristics, habitats and detailed restoration goals and actions. LWLAA-15 The 'Watershed Comment I: Have you seen the watershed ranger? This ranger I &2. Not enough data to respond. Ranger' will have a visible would be in charge of watching everyone to make sure they presence in the watershed by are in compliance. If not in compliance they will send and providing ongoing education about educator to your home to correct and educate you. and enforcement of watershed (Anonymous handout distributed at Oct. 11 meeting) protection regulations and Comment 2: City and county voted this week. (Oct. ballot activities. comment).

95 Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov I, 2007 L WLAA - 17 Bellingham will Comment I: Provide compensation to property owners for loss I &2. Not enough data to respond. renegotiate its contracts with Water of development rights. (Oct. ballot comment). Districts in the watershed to .Comment 2: Fix our water pressure problem instead! (Oct. eliminate future extension of City ballot comment). water to building lots created after 2007 and to reduce current contractual agreements for hookups so that fewer new homes are built in the watershed. Water Habitat LWWHA - 6: Monitor fish species Comment I: WSDFW does this (Oct. ballot comment). I &2. We support this. for contamination. Post advisories Comment 2: ECOLOGY does this (Oct. ballot comment). at popular fishing locations and boat launch areas. Report advisories in local media and place notices in the City Sewer and Water billings. Recreation General Comments Comment 1: No mention of boating in the recreation section. (Anonvmous handout distributed at Oct. 11 meetimz) LWRA - 1 Use Bloedel Donovan Comment I: Not crazy about more signs (Oct. ballot I. LWRA-1 does not mention signs. This Park as a model to demonstrate comment). was included as a way ofproviding an 'Best Practices for Care of the easy to view example, in the Silver Beach Watershed' by providing the neighborhood, of 'Best Practices for Care interpretive examples of caring for of the Watershed'. the watershed, advocating pesticide/phosphorus free lawn care and labeled plants in rain gardens. L WRA - 3 Establish position of Comment 1: We have a sheriff (Oct. ballot comment). I. This was included in order to empower Lake Ranger/Sheriff to allow for the Sheriff to serve as an educated better enforcement of city rules on advocate for 'Best Practices for Care of the lake, with additional support on the Watershed' within the watershed. holidays.

96 Plan Element: Comment Response Section - Action Verbatim comments received Oct 1-Nov1, 2007 LWRA - 4 Establish position of Comment I: The Silver Beach community should be ashamed I. Agree! This was included in order to Lifeguard/Lake Steward/Educator not to have lifeguards for Bloedel Park. We always wru1t to improve Park water safety, and to (combined role) for summer and help youth in the community but I think we are failing. empower the lifeguard to serve as an holidays at park. (Anonymous handout distributed at Oct. 11 meeting) educated advocate for 'Best Practices for Care ofthe Watershed' within the watershed. It is common sense. LWRA - 5 Increased Compliance I. This was included in order to reduce with Watershed Guidelines during damage and pollution from park events, community events and activities by following 'Best Practices for Care of (see appendix 5) the Watershed' within the watershed L WRA - 6 Develop and Comment 1: Yes, yes, yes (Oct. ballot comment). I. Agree! This was included in order to implement safe swimming improve Park water safety. It is common guidelines (see aooendix 5) sense. L WRA - 8 Introduce boat trailer Comment 1: Permit program established for boats. Fees I. Comments are inaccurate. This applies parking Fees at Bloedel Donovan established for boats. All boats will be permitted and charged to boat trailer parking only! This is Park. fees in addition to licensing. Fees established for parking at already done at the Post Point and Bloedel. (Anonymous handout distributed at Oct. 11 meeting) Roeder Ave launch facilities on Comment 2: Should be done according to current rules (Oct. . We propose the money ballot comment) go directly back to support improvements, the lifeguard and the ranger. We propose a modest fee of $5. 00, identical to Post Point and Roeder Ave launch facilities.

97 Plan Element: Comment Response Section - Action Verbatim comments received Oct 1-Nov1, 2007 L WRA - 10 Adopt and enforce Comment 1: Some of this is good; some is bad (Oct. ballot 1. Impossible to respond to this. What is new powered personal watercraft comment). good and what is bad, and why do you regulations including: think so? This was included in order to Power watercraft must proceed out improve boating safety. It is common 300 feet from shoreline without sense. Most of the regulations are generating a wake, or exceeding 6 currently in effect. We added "return to MPH; Remain at least 100 feet shore in a straight line" in order to from swimmers at all times; promote safety near docks, other boats Proceed out and return to shore in and swimmers. This is a rule that is in a straight line; Ban personal effect at many other localities. Noise powered watercraft rental and suggestions are in effect, and they are watercraft racing; and common sense. All watercraft noise should be 80 decibels or lower (this is also the current tractor trailer trucks guidelines for roads.) and Guidelines of the Lake Whatcom Management Program, "Boatnotes: A handbook for boaters on Lake Whatcom'. L WRA -12 Replace boat docks Comment 1: Who pays? (Oct. ballot comment) 1. The intent here is to say that when with aquatic-ecosystem friendly docks need repair, and are repaired by docks the property owner, that it is done with aquatic-ecosystem friendly materials. The property owner would continue to be the one to pay for their own dock. This was included to encourage a gradual improvement in dock repair construction. We are not advocating that all docks be replaced. Only when docks need to be repaired or replaced in the natural course oftheir use.

98 --~-L

Plan Element: Comment Response Section - Action Verbatim comments received Oct I - Nov I, 2007 L WRA -13 Ban all use of Comment I : Maybe ban along shoreline (Oct. ballot comment) 1,2 & 3. We interpret these comments as fireworks in the watershed, Comment 2: Yes, yes, yes, yes, yes (Oct. ballot comment) being supportive. The appendix because they pollute the air, soil Comment 3: When updating is needed (Oct. ballot comment) documents the heavy metals, chemicals, and water with heavy metals, and trash and air pollution that are caused by also cause noise pollution, litter, fireworks. It is common sense to keep this and add other toxic elements in our stuff out ofour drinking water, and awcy water supply from the lake, where it can damage the ecosystem. We do not understand why residents would vote against this proposal, since the comments were supportive. Maybe they did not understand. Enforcement L WEA - I The City shall Comment I No re lake ranger. (Oct. ballot comment) vigorously pursue enforcement of the laws, by increasing staffing and resources. A Lake Ranger position will be funded and supported, no later than Jan3 l 2008. Lon!' Ranf'e Planninf! L WLRPA - I The City will Comment I: No re acquire a totally new water source. (Oct. conduct a biennial review oflong ballot comment) range planning alternatives to our Comment 2: Changes to Middle Fork Diversion is most current drinking water system in important (Oct. ballot comment) response to future events that might include: Moving the water intake: Changing water treatment processes; Changes to the Middle Fork Nooksack River Diversion; Acquiring a totally new water source; Renegotiating agreements to provide water to non-city residents

99 Wendy Harris RECE\VED 3925 E. Connecticnt Street Bellingham, WA 98226 NOV 16Z007 (360) 922-0442 [email protected]

Tim Stewart, Planning Director City of Bellingham Planning and Commnnity Development Department 210 Lottie Street Bellingham, Wa, 98225

Hand Delivered on November 16, 2007

REQUEST FOR W AIYER OF FEES WITH REGARD TO THE SUBMISSION OF A NEIGHBORHOOD PLAN AMENDMENT

Dear Mr. Stewart:

I am writing on behalf of several Silver Beach residents who are interested in submitting an amendment to the Silver Beach Neighborhood Plan pursuant to the provisions of BMC Sec. 20.20.020 B, and BMC Sec. 21.10.150 B(l)(b). However, the cost associated with this action will prohibit us from moving forward with this matter. Accordingly, we are requesting a fee waiver from your office and believe that the relevant facts justify your office granting this request.

The underlying facts are somewhat unique. My group would like to submit for review the "complete" Silver Beach Neighborhood Plan Amendment drafted by the Silver Beach Neighborhood Association ("SBNA") in October, 2007. The "official" neighborhood plan amendment submitted by the SBNA contains only a small portion of "complete" plan amendment action items drafted by the SBNA.

It is our belief that the "complete" plan amendment, rather than the "official" plan amendment, is the true product of the SBNA and the residents who choose to participate in the plan amendment process. We contend that the "complete" plan amendment is the only one that conforms to the democratic, inclusive process envisioned by your office and the City.

In summary, we are requesting that your office treat the "complete" plan amendment as, or equal to, the "official" Silver Beach Neighborhood Plan Amendment, and grant the normal fee waiver provided to other plan amendments submitted by neighborhood associations. Further facts in support of this request are set out below. 2

The "Complete" Silver Beach Neighborhood Plan Amendment

The history surrounding the creation of the "complete" plan amendment is set out in the attached document entitled, "2007 Silver Beach Neighborhood Plan Update Process", (Exhibit A). In late 2006, a group of Silver Beach residents met to re-establish the SBNA and work on a neighborhood plan amendment. The existing Silver Beach Neighborhood Plan pre-dates enactment of the Growth Management Act, Bellingham's Comprehensive Plan, the Lake Whatcom Reservoir Ordinance, Revised (BMC Sec. 16.80), the Joint Lake Whatcom Watershed Agreement, the Lake Whatcom Management Program, or Bellingham's Lake Whatcom Watershed Property Acquisition Program, and fails to comply with any of these laws and programs.

Over the course of a year, the SBNA invited Silver Beach residents to participate in the plan amendment process. This invitation was made through signs posted through­ out the neighborhood, announcements in the Bellingham Herald and local alternative newspapers, on several radio stations, through emails, by postal mail and via a website. (Exhibit A). It is difficult to imagine what further actions could have been taken with regard to providing notice.

The Silver Beach plan amendment was drafted by more than 20 different Silver Beach residents, many of whom had conflicting beliefs about the action items. In addition, 237 different people attended SBNA meetings between November, 2006 and September, 2007. These residents had the opportunity to provide in-put at various stages of the amendment process, and such in-put was actively solicited, reviewed and responded to by the Silver Beach plan amendment authors. This is reflected in Exhibit A, as well as the "September 2007 Silver Beach Neighborhood Open House Plan Comments & Responses" and the "Comments & Responses Regarding the Plan Update Process", attached hereto as Exhibits B and C, respectively.

In final draft, the "complete" Silver Beach Neighborhood Plan Amendment reflected approximately 5000 hours of research, consultations, community outreach, education on relevant issues, drafting and revisions. In sum, the "complete" plan amendment complied with the requirements for updating a neighborhood plan under BMC Sec. 20.20.070, as documented in Exhibits A, B and C.

The "Official" Silver Beach Neighborhood Plan Amendment

The "official" Silver Beach Neighborhood Plan Amendment submitted by SBNA reflects only a small portion of the "complete" plan amendment action items. This discrepancy is the result of a policy adopted by the newly established SBNA allowing only those action items approved by a majority vote to be forwarded for review by your office. This policy was premised on the naive assumption that neighborhood residents would engage in the plan amendment process in good faith.

On October 11, 2007, a neighborhood vote was held on the "complete" Silver Beach Neighborhood Plan Amendment, which contained 128 action items. The meeting 3 was contentious and the audience was hostile, claiming that they had not been provided notice of the on-going plan amendment process, a claim clearly refuted by evidence in Exhibit A. Moreover, it defies the odds of probability that Silver Beach residents, who allegedly lacked knowledge of the plan amendment process, would learn about it on the very day that voting was to occur. Unfortunately, based on these types of frivolous arguments, the majority of action items from the plan amendment were defeated.

There were 191 Silver Beach residents who voted on the "complete" neighborhood plan amendment. However, 114 voters had never attended one previous SBNA meeting (emphasis added). Thus, more than half of the residents voting failed to actually participate in the neighborhood plan amendment process despite being provided with actual and constructive knowledge. 39 residents voted against every single action item in the "complete" plan amendment. Some of the defeated action items attempted to prevent chemical contaminants from entering the lake; encourage public donations of land within the watershed for protection; provide educational programs and materials to those who live in or visit the watershed or boat on the lake, and enforce existing rules for the watershed.

Since the SBNA felt duty bound to adhere to its policy of forwarding only action items with a majority vote, they were rendered powerless in preventing this small group of Silver Beach residents from sabotaging the majority of action items contained in the "complete" plan amendment.

Conclusion

We contend that the "complete" Silver Beach Neighborhood Plan Amendment is actually more representative of a consensus among those Silver Beach residents who choose to participate in the neighborhood plan amendment process than the "official" plan amendment submitted by SBNA. Action items in the "complete" plan amendment were defeated by Silver Beach residents who choose not to collaborate, communicate nor compromise with fellow Silver Beach residents as part of the neighborhood plan update process.

Allowing this form of "stonewalling" to succeed would encourage others to use similar tactics to defeat plan amendments. If disgruntled residents can simply appear at the "11th hour" and override the extensive work done by neighborhood volunteers, little incentive remains for members of each neighborhood to invest the time and energy required to properly amend neighborhood plans.

In granting our request to waive fees for submission of the "complete" Silver Beach Neighborhood Plan Amendment, you would be recognizing "form" over "substance" and ensuring that the spirit and intent of the neighborhood planning process is upheld. You would be sending a clear message to neighborhood residents that if they wish to have input in the neighborhood plan amendments being submitting by the neighborhood associations, they must do so by engaging fairly in the neighborhood plan amendment process. While this entire process is new, and many wrinkles remain to be 4 ironed out, this could be the first step taken by your office and the City in addressing once such problem.

As you are aware, the deadline for submitting amended neighborhood plans for consideration next year is December 1, 2007. Accordingly, time is of the essence is receiving your decision. Please feel free to discuss this matter with me in more detail at 922-0442.

Sinclltr'--~,///

Wendy Hanis 3925 E. Connecticut St Bellingham, Wa 98226 2007 Silver Beach Neighborhood Plan Update Process: Presented in support of the Silver Beach Neighborhood 2007 Plan Update Table of Contents

Re-establishing the Neighborhood Association ...... 3 Neighborhood Plan Development...... 3 September Open House Comments & Responses ...... 9 Sample Ballot ...... 51 Voting Results ...... 63 October & November Plan Comments & Responses ...... 77 Silver Beach Plan Voting Minority Response ...... 100 Comments & Responses Regarding the Plan Update Process ...... 114 Silver Beach Neighborhood Plan Authors ...... 126

2 Re-establishing the Neighborhood Association

The Silver Beach Neighborhood Association Board (SBNA) was reestablished in November 2006 with a full slate of interim officers. Nominations for permanent officers were forwarded in December and officers were formally elected in January 2007. The board identified two major initiatives: 1) Write a new neighborhood plan, and 2) Reinvigorate the Silver Beach Neighborhood Association.

This document describes the process used to accomplish the first item. And through this process, it is clear that the Silver Beach Neighborhood Association has also begun significant movement toward the second action item.

Neighborhood Plan Development

Motivation and Purpose The old Silver Beach Neighborhood Plan, completed in 1980, was seriously outdated and in a format completely different than the city's Comprehensive Plan. An update of that plan included few, minor changes adopted by the city in 2005. This latest update has been fueled in large part by concerns that the water quality of Lake Whatcom Reservoir was rapidly deteriorating. The Board decided to entirely rewrite the Plan consistent with the City's guidance and compatible with the City's ComprehensivePlan. Four work groups were established that would divide the work of rewriting the Plan (se¢pagel76foflistof\Y()rkgiyuppartici.pajits}. • Neighborhood Character, • Capital Facilities, • Zoning and Land Use, and • Lake Whatcom.

From the outset, the Board was committed to a transparent and fair process that would advance the Plan favored by the majority of the participating Silver Beach residents and also represent dissenting views so City officials taking action on various plan elements would understand the extent of consensus and the context of concerns raised.

Neighborhood Notification The Board further decided that the two major initiatives would be best served by a series of interesting, informative educational programs and by aggressively attempting to involve Silver Beach residents in the Association. Residents were notified of meetings through several mechanisms: •!• Signs announcing upcoming meetings were displayed throughout the neighborhood. Initially, 15 signs were posted then increased to 25 later in the year. •!• Upcoming meetings were advertised several days in advance in the Bellingham Herald, Cascadia Weekly, and Whatcom Independent. •!• Meetings were announced on radio stations owned by Cascadia Radio Group - KGMI, KAFE, KBAI, KISM, and KPUG - several days before the meeting.

3 •!• Emails were sent to everyone for whom we had an email address about 4 days in advance of meetings. Over time this list has grown to over 140 individuals who are regularly notified of meetings and important developments. •!• Postcards were postal mailed to the entire neighborhood in advance of the February, June and September meetings using the City's Silver Beach address list. •!• Finally, a web site was established that advertises impending meetings, posts significant developments and contains important documents relevant to the neighborhood including the Plan as it developed.

Meeting Programs and Attendance The Silver Beach Neighborhood Association's (SBNA) first several programs of the year were designed to educate neighborhood residents and those researching and writing the draft Plan regarding various aspects of city planning. The Association hosted the following programs over the past year: November 2006 - Election of interim officers and association organization December 2006 - Nominations for permanent officers and Neighborhood Plan organization January 2007 - Mike Hilles discussed Lake Whatcom monitoring and Peg Wendling provided background and information on drinking water treatment and delivery. Joan Beardsley encouraged our efforts and endorsed the need for aggressive action to save Lake Whatcom. Permanent officers were elected. February 2007* - Kim Spens and Kurt Nabbefeld enlightened the Association on zoning history and practices, especially as they relate to Silver Beach. March 2007 - Jason Porter and Bill Riley reviewed the practices and limitations of stormwater control. April 2007 - Paul Leuthold gave a presentation about our park system and future plans for it. Fritz Anthony informed us of city plans for upcoming paving projects. May 2007 - Alfred Arkley and Kate Grinde of our neighborhood gave a presentation about the colorful history of Silver Beach. Heather Higgins-Aanes and Clare Fogelsong described and invited us to participate in the Stormwater Retrofit Program. June 2007 * - Group leaders responsible for the various elements of the new Neighborhood Plan shared their preliminary findings with the audience. July 2007 - Neighborhood sponsored Candidate's forum. August 2007 - A neighborhood picnic with featured guest Robin Matthews who spent two hours answering questions about Lake Whatcom. September 2007 * - An Open House format was selected to roll out the draft Neighborhood Plan and solicit comments from the neighborhood. October 2007 - Meeting to vote on the revised Plan. The agenda included an overview of changes made to the Neighborhood Plan based on comments received at the September Open House, questions, and comments about the Plan and voting process. November 2007 - Presentation of voting results, overview of the City's next steps and public involvement through the City and SBNA. Followed by nominations of SNBA officers.

*Postcard mailed to all SB residents & property owners I 0 days prior to the event

4 Meeting Attendance

Nov DeG Jan Feb Mar Apr May Jun Jul Aug Sep OGt

Plan Development Process The first step in the Plan development process began in early January 2007, at which time a schedule for delivery of a final document to the City in November 2007 was proposed. Data collection, research and initial writing occurred from January through May 2007 in preparation for rolling out a very rough draft in June 2007. During this time, members of the small groups collected and absorbed information, and presented draft language to their group at periodic group meetings. The ideas and language were debated in these sessions and further research and refinement ensued. Monthly Neighborhood Association educational meetings provided additional information, contacts and source material to be used for the plan's development. At every Association meeting, attendees were encouraged to join one or more of the 4 work groups and time was set a side during the last 20 to 30 minutes of the meeting to meet with the groups. After the June 2007 meeting, work groups continued to meet and further refine the document for the September Open House. The Zoning work group was comprised of six individuals. Five people worked on the Capital Facilities element. Six people were involved with Neighborhood Character and eight individuals worked on Lake Whatcom.

Public Review & Comment Each work group was open to additional neighborhood involvement throughout the drafting of the Plan. In June 2007, the first product, a very rough draft, was presented at the SBNA' s regular monthly meeting. People were encouraged to submit comments at that time. The September 2007 Silver Beach Neighborhood Open House provided a structured process for community members to review all proposed Action Items in the draft Plan and provide comments. Stations were established throughout the room, one for each section of the Plan where posters of proposed Action Items were hung on walls for community members to review and comment on. Work Group members at each station encouraged community members to:

1) Learn about the section of the draft plan and review the contents. 2) Ask questions about the process or draft plan content. 3) Give detailed feedback- via comment cards and to indicate if they supported (green dot) or had concerns (yellow dot) about specific elements of the proposed Plan.

5 4) Sign up to help revise the Plan in small work groups to make recommendations on the community input from the September comments. 5) Notify and encourage participation in the October voting on the Plan.

All comments received and a tally of the support/concern dots were entered verbatim into a 'September Open House Comments & Responses' document, seepage 9. Small work group meetings were held the week following the September Open House to make recommendations on the comments submitted in September. The Plan development work teams prepared responses to the comments, including changes in Plan text if deemed appropriate and a rationale if the Plan text was not changed. The revised Plan and comment response document were posted on the Silver Beach Neighborhood Association's website on October 1. An email notice was sent out regarding its availability, which restated the information provided in handouts at the September Open House indicating the next steps for the Plan development, review and voting meeting date, time and process.

Community Vote on Plan Elements

Development of Voting Process The Silver Beach Neighborhood Association developed a voting ballot (see srun.IJk!)alloton page $1)) that would provide neighborhood residents and property owners an opportunity to provide maximum input on the specific action items. The voting process was developed to assure the privacy and integrity of the votes. This process took into consideration the limited time of volunteers, limited resources for supporting ballot integrity, and the desire to limit any perception of opportunities for vote manipulation. The process the Board developed is outlined below: • Voters had to be present to vote • Proxy and absentee votes would not be allowed • The2-envelope ballot process was designed to: 1) Assure the secrecy of individuals votes 2) Track that all votes cast were made by residents or property owners within in the Silver Beach neighborhood boundary area as defined by the City of Bellingham

Voting Voting was conducted on Thursday, October 11, 2007 from 7:00 - 9:30 p.m. at the Bloedel Donovan Park Gymnasium following a brief presentation on the modifications made to the original Plan as a result of public comments made at the September Open House or received over email. Step 1 Individuals wishing to vote needed to provide names, addresses and phone numbers at the registration table after which they received a ballot in an unmarked envelope. Step 2 Individuals voted and put their ballot back into the unmarked envelope and sealed it. Step 3 At the ballot box, individuals were required to put their sealed envelope into another envelope on which they wrote their name and street address. This second, sealed envelope with the name and address on the outside went into the ballot box.

6 At the end of the voting period, 9:30 p.m., the ballot boxes were secured by Silver Beach Neighborhood Association Board members. The remaining unused ballots were hole punched at 9:30 to insure they were not used. The ballot boxes were locked in an SBNA Board member's vehicle in a secured garage overnight and brought back to Bloedel Donovan Park Pavilion the next morning for the ballot verification process, which is outlined in detail below. Of the 193 names signed in, three individuals signed in for spouses not present at the meeting; one of these signed in for their spouse twice.

Verification of Residence or Property Ownership Verification of residence took place on Friday, October 12, 2007 at the Bloedel Donovan Park Pavilion. To preserve a transparent process, volunteers were requested from the October community meeting, principally to give the vocal opposition an opportunity to either witness or participate in the process. Mike Robinson, Corinne Hansen, Debbie McCunn, Joan Dudley, Alfred Arkley, Myron Wlaznak, and Mike Johnston were present to verify residency of those who voted. Mary Dumas of Dumas & Associates was present as an observer of the verification process. Step 1 Volunteers opened the ballot box and checked the street address on the outer envelope against the meeting registration list and the City of Bellingham' s list of addresses within the Silver Beach neighborhood boundary area. If an envelope was included that did not have an address, or the name/address could not be cross-referenced to the City's database address list a call was made to attempt to verify residency verbally. Step 2 Once the address was verified, the outer envelope for verified residences was opened and the white, sealed envelope containing the ballot was put into the ballot box. Step 3 The addressed envelopes were placed in a separate container for use as an audit trail. The number of the !J.ddressed envelopes should equal the number of ballots counted. These envelopes provided a record of whose ballots were counted but not how they voted.

There were 191 manila envelopes in the ballot boxes. Three of the ballots were checked for residency and confirmed upon discussion with the landowner/ resident. Three of the manila envelopes were not included in the final ballot count, two of these were submitted by individuals on behalf of spouses who were not present at the meeting and one did not contain an address on the outside (these ballots for spouses not present were included in the table of votes submitted outside the sanctioned voting process). Following the ballot verification process, the box with white envelopes containing ballots and the box with the opened manila envelopes were placed in a SBNA Board Member's car, driven to the member's home and remained locked in the car the 1 weekend of October 13th and 14 h The car was driven to Bloedel Donovan on October 15th and the ballots taken to the Pavilion Building for counting.

Ballot Counting Counting of the ballots took place on Monday, October 15, 2007 at the Bloedel Donovan Park Pavilion. To preserve a transparent process, volunteers were requested from the community meeting to give the vocal opposition and other community members an opportunity to either witness or participate in the process. Arlene Rance, Mike Johnston, Debbie McCunn, Mike Robinson, Trish Robinson, Coreen Hansen, Audrey Borders, Joan Dudley, Ken Bell, Glenda

7 Exner, Myron Wlaznak, Lee Everett, Lee Baron, and Alfred Arkley conducted the ballot count. Robert Gere! and Mary Dumas were present as observers of the process.

Step 1 The box containing the ballot envelopes was opened and ballots were counted by teams of two comprised of Silver Beach Neighborhood Association Board members partnered with a community member volunteer. Step 2 Each team conducted the following steps to sort the ballots before counting 1) opened all white envelopes and sorted into three stacks: 100% yes ballots, 100% no ballots, and mixed vote ballots. Step 3 The two individuals then verified the number of all yes and all no ballots and signed the certification sheet. These ballots from all tables were then grouped and set aside. Step 4 The counting teams then counted the ballots in batches of20. Each person in the team completed an individual tally sheet. Pairs had the option to tally ten ballots at time individually or they placed the stack of20 ballots between them and tallied individually off the same ballot. The pairs then switched ballots and tally sheets and checked each other's work. If the totals matched, then the team verified the results with the compilation team. If the totals did not match, the team worked together to resolve errors. Step 5 Two individuals were assigned to the compilation task. The confirmed tally sheets and ballots from the counting teams were banded together and provided to the compilation team, which then verified that all ballots had been received from the counting teams. The compilation team then totaled the results by Action Item. The totals were then independently verified for the final count. See 'Voting Results' (lijpage62 for tally by Action Item.

Final Plan Development The completed tally of votes was used to determine the final revisions to the Silver Beach Neighborhood Plan. Plan authors retained Action Items that had a majority yeah vote and removed those Action Items with a majority no vote. All vote results along with associated comments and responses are included later in this document. A small work group identified any Action Items on the ballot that were identified by community members as 1) overstepping the Group A proposal guidelines provided by the City of Bellingham, 2) address areas outside the boundary area of the neighborhood, or 3) are inconsistent with the City ofBellingham's Comprehensive Plan. The results ofthis review are included in the final Plan that was submitted to the City. Public notification of the vote results were sent out approximately 2 weeks following the vote, with results posted on the SBNA website.

8 September 2007 Silver Beach Neighborhood Open House Plan Comments & Responses

PLAN ELEMENT Comment Response Section - Action Item Verbatim comment from 9-13-07 Open How was comment applied in Plan Honse revision?

Chapter 1: NEIGHBORHOOD CHARACTER Green dots 24 (Indicates approval of entire chapter) Yellow dots 5 (Indicates concern re entire chapter)

General Comments Comment 1. Crime has been increasing in 1. We have made no change to the section on the Silver Beach area: home invasion safety. A review ofthe crime statistics from attempt at Mooers, Robbery at Mooers, 2002 to present indicate no clear evidence of Home invasion at Dallas residence on an increase of crime in Silver Beach. The Dakin, peeping Tom at Wade/Deb home invasion increase, for example Hendrickson at Northshore. Drug deals at (Burglary - residential) for 2007 (Jan. - Silver Beach Grocery as Dan who works at Sept.) is 6;for all of2006was 12, 2005 was store. (Doug Mooers) 15, 2004 was 7, 2003 was 17, and 2002 was 2. Change "maintain neighborhood 6. Drug deals for 2007 (Jan.-Sept.) is 1; character", Part 3, p. 5 to This does not include the drug bust on "Enhance/promote/neighborhood Dakin. For all of 2006 were 8, 2005 were 3, character" (Doug Mooers) 2004 were 3, 2003 were 5, and 2002 was 1. 3. Enforce with education and mailings - Although individuals who are the victims no signs on utility poles! We should discuss want more police presence, it is difficult to this! (Susan Edgar) make a case for more of a police presence in 4. Part 3, pg. 5, "est. environment model light ofthe statistics. for all Lake Whatcom" arrow perhaps not 2. Replace "maintain" with "Enhance and within our arena of "character" (Linda promote" Part 3, page 5 last sentence. Bergsma) 3. This is an existing ordinance that the city 5. Part 2, pg. 5 Strengths & Weakness, can enforce. please add comment following: 4. What is done for the watershed in "Unfortunately many others continue Whatcom County will depend upon the practices .••.. Something to the effect that actions of the county government. However, "many others including residents outside the City can and should address watershed Silver Beach neighborhoods continue issues within its boundaries. practices" ( Linda Bergsma) 5. Add "including residents outside Silver

9 q, .. ~\"-'-'\o ,-(; '?> 6. Editing pages 3 to 5 as follows: Beach neighborhood" after the word "others Part 1 Vision Statement add " & Goals" to in the last sentence under Strengths and Silver Beach 2020; Part 2 Past and Present Weaknesses (Part 2, page 5). add commas to By the 1970's "," From 6. Part 1 "&Goals': The City in its template 1980's to 2000 "," uses the words "Vision Statement" and we 7. Question about "eight percent of Lake will follow the city guidelines. Whatcom" is this by surface measurements 7. Yes ? 8. These are the most recent population 8. Silver Beach population, anyway to get numbers we could obtain. more recent stats!!!? 9. This is just one method used to indicate 9. Using free lunch as an indicator of the neighborhood's relative wealth. It neighborhood's relative wealth how indicates the household income level ofthe defined? Property value? Resident's families with children in the neighborhood. income or assets? 10. Replaced " ...Alabama and Barkley hills IO.Neighborhood Character pg. 4 change to the east ... " with " ...Alabama and "east" to "west", add ","after hilly Barkley hills to the west •.• Deleted "unique" neighborhood and delete "unique", add "," on sentence 3. Replaced "with" with after "web site", Replace "with" after small "having" on sentence 1, paragraph 3, sites to "having" Neighborhood Character. 11. Question Lots zoned how big? at 11. The details on lot size are described in bottom of page 4. the Land Use section of the Plan. 12.Development Patterns, page 5, add "In 12. Sentence adjusted otherwise addition" before "Teardowns" 13. Add "lakeside" before "neighborhood" 13. Part 3 Broad Goal Statements for the last sentence. Future, page 5, last line, add "lakeside" before "neighborhood's" (Joyce Prigot)

10 Chapter 2: LAND USE & ZONING Green Dots 28 (Indicates approval of entire chapter) Yellow Dots 5 (Indicates concern re entire chaoter) L UZA - 1 Consider a building moratorium Comment 1. You have stated that there are 1&2. Until water quality improves in the to limit further development in the Lake less than 60 homes in the SB Neighborhood. Lake Whatcom watershed, there should be Whatcom Watershed until water quality A moratorium would not be an effective no further development anywhere in the improvements in Lake Whatcom are verified. solntion. A threat of a moratorinm would watershed. Green dots 2 cause me to build sooner that I would. (Ken 3. LWSMA 1 in the Lake Whatcom section Yellow dots 13 Bell) addresses this point. Many stormwater 2. I feel land owners (lot owners) should be solutions involve low technology and low able to build on their property (lots) so long cost such as rain barrels and dry wells. We as approved density limits are followed! believe costs for more expensive solutions (Robert L. Blore) should be shared or funded completely by 3. Oppose mandate on individual City grants such as the Stormwater Retrofit homeowners. Instead collect water on Program. lakeside of Northshore & Electric and pipe 4. In Bellingham, Silver Beach residents are water to a treatment site. Pay with tax on contributing the most to Lake Whatcom 's fuel in Whatcom. (Doug Mouers) problems and have a responsibility to 4. Why put the burden on those who live in address them. the watershed - everyone drinks from the 5. Comment does not relate to the action lake. item 5. Why limit good use of space by not These standards are desirable, but do not allowing 2 stories? Makes no sense. (Linda mitigate water quality concerns Colbert) 6. Rather than a moratorium on further building, establish LEED Silver standards for construction of new building. It is then possible to reduce the ecological impact of new structures significantly. Rather than restrictions, allow better methods/design to allow new structures. (Jan Hayes) LUZA- 2 Land use designations should be Comment 1. Don't agree with changing J. Vested entitlements will not be altered by adjusted in areas where appropriate, density without compensation for land a rezone including Changing the designation of Areas owners whose property has been devalued. 2. This is a building code issue not addressed 3,6,11, and 14 to Residential Single, Low (Bob Bray) in the Plan Density; Changing the designation of Area 2. I have a 1 story house on Seeley in Cul-de­ 3. Only a portion of existing properties 13 to limit further development; Changing Sac. If I wanted to build a 2nd story and would be nonconformimz, but vested riehts

11 -·---1

the designation on Section 18 to reflect the improve my square footage (upward) would are grandfathered. current use and decrease density. this be possible? (Ruth Ashworth) 4. The plan includes grandfathering vested Green dots 1 3. Changing density would make all existing entitlements. Yellow dots 15 properties non conforming. (Ken Bell) 5. The Plan does not prohibit a 2nd story. 4. Leave existing platted lots alone - 6. Legal processes for a rezone will be grandfather the existing platted legal lots followed including public notice and under old plan. They were purchased under participation. that zouiug. No problem with restricting the division of lots of establishing new lots. ( Ken Bell) 5. Should not be limited - only limited for footprint for same reasons as above. (Why limit good use of space by not allowing 2nd story? Makes no sense. (Linda Colbert) 6. Please notify property owners if they are affected by a downzone in writing to let them know the impact to their property (Ken Bell) L UZA - 3 Limit house size to 2,500 square Comment 1. Oppose size restriction to 2,500 We have removed this recommendation, and feet or 35% oflot size. sq.ft. The size limit needs to be discussed in endorse the current Silver Beach Ordinance Green dots 0 more detail with more people from the limitations on footprint and impervious Yellow dots 25 neighborhood. Perhaps have in-home surface. meeting. (Doug Mouers) 2. Cannot limit house size to 2,500 sq. ft. Plan must allow for 2 story construction or 2 story with walk out basements as this does not change the non-pervious surface area of the property. (S. Hofer) 3. No limit on home size - Footprint only. (Pete Coy) 4. Area of house is not the issue - it is area of house footprint that matters. However a house not to exceed area is appropriate when combined with footprint limitations. 5.NO downzone! Require people (even people remodeling or adding on) to meet basic "grass roots" requirements (dry wells, etc.) to !!et the runoff back into the !!round on their

12 ,.,,.,.,.1I

own lot. I have done this on my lot very easily (trench drain(s)/dry wells ... (Kerry Garrett) 6. Don't create another bureaucracy of snoops and informers and 'certificate' inspectors - we have enough hypocrites already change the culture, don't add more laws! 7. Find a way to inspect existing homes to catch current homeowners who are adding paved patios, sidewalks, etc. w/o building permits (w/in the watershed. (Vale Hartley) 8. Houses should not have a size limit as long as they do not cover more square footage than allowed or block anyone's view. (Tony Carter) 9. LUZA 3 is confusing- is the size limit 2,500 SF living space or footprint? If it is living space, then it is an apples to oranges comparison with 35% of lot size. If it is living space, then I completely disagree. (Cris Brueske) LUZA- 4 Due to watershed location, Comment 1. Don't create another J. Comment is not sufficiently specific for a wildlife, wetlands, trails and proximity to Big bureaucracy of snops and informers and response. Rock Park and the Silver Beach School, 'certificate' inspectors - we have enough further development in Area 1 should be hypocrts already change the culture, don't prohibited. add more laws! Green dots 3 Yellow dots 0 LUZA- 5 The City should continue and Comment 1. Don't create another J. Comment is not sufficiently specific for a expand their program to purchase sensitive bureaucracy of snops and informers and response. land areas in the Lake Whatcom watershed. 'certificate' inspectors - we have enough In particular it should purchase the wetlands hypocrites already change the culture, don't 2 &3 Everyone in Bellingham is paying for adjacent to Bloedel Donovan Park and add more laws! storm water controls and land acquisition in located within Area 13 2 .Why not put the burden on those who live their water bill Green dots 0 in the watershed - everyone drinks from the Yellowdots 10 lake. 3. We are alreadv beinf! taxed for storm

13 .I ..

water. What is being done with increased prop. Tax from the new properties developed over the oast 10 vears? (Dong Mouers) L UZA - 6 The zoning code should be Comment 1. We are concerned with amount 1. Comment is not sufficiently specific for a updated to include landscape treatment of regulations that are being put upon. I response. adjacent to streams. All year around streams think education is good and that with this should have a buffer zone consistent with the education good choices are made. Thanks Shoreline Master Plan. for all your work! (Carrie Donnelly) Green dots 0 Yellow dots 2 LUZA - 7 The neighborhoods of the city Comment 1. We are concerned with amount Note: We have agonized over the issue of shall work together to improve the height of regulations that are being put npon. I height and bulk. It is clear the current restriction code. think education is good and that with this regulation (35 foot to mid roojline) is Green dots 0 education good choices are made. Thanks excessive in many situations in our Yellow dots 3 for all your work! (Carrie Donnelly) neighborhood. If the issue of height and 2. Any discussion about changes to height bulk and views are not addressed in a city restriction should be presented to the voters wide comprehensive ordinance, we suggest a in Silver Beach area (by ballot). 25 foot maximum to mid roof line be adopted 3. Home height in a given neighborhood in the Silver Beach neighborhood. radius should serve as a standard for I. Comment is not sufficiently specific for a homeowners who wish to change their height. response. (Doug Mouers) 2. Change in height restrictions will go through the ordinance change process which will include the opportunity for public comment. 3. Interesting idea but beyond the scope of the olan L UZA - 8 Existing property owners on the Comment 1. Do not force retrofit, rather seek 1,2&3. This item encourages a volunteer lakeshore should be encouraged to participate alternative solutions such as capture of water program. Many stormwater solutions in the storm water retrofit program. runoff at road edge & pipe to city treatment involve low technology and low cost such as Green dots 0 site. Fund w/ Whatcom County fuel tax. rain barrels and dry wells. We believe costs Yellow dots 8 2. Who bears the ongoing liability for these for more expensive solutions should be installations? If a person is injured who is shared or funded completely by City grants responsible. such as the Stormwater Retrofit Program. 3. Stipulate city compensation to cooperating Finished projects have features that are no property owners for participate in a storm different from a normal yard and would not water retrofit Prol!rams. be exoected to increase liabilitv.

14 , ,,. .• '1

L UZA - 9 All requests for building permits Comment 1. We need height restrictions on I. Eliminating trees for view protection should include a landscaping plan that vegetation. The only people allowed to have needs to be balanced with their value in includes retaining as much natural vegetation protected views are those directly on the lake, intercepting storm water and processing as possible. New plantings should be not those of us around the lake. We are C02. designed to protect existing views where losing our views. (Laurel Ayling) 2. Comment is not sufficiently specific for a possible. 2. We are concerned with amount of response. Green dots 0 regulations that are being put upon. I think 3. We don't believe there is a substantive Yellow dots 10 education is good and that with this difference between these two words. education good choices are made. Thanks for all your work! (Carrie Donnelly) 3. Renlace "retainine:" with "reauirine:". LUZA- 10 Update the zoning code to Comment 1. We are concerned with amount I. Comment is not sufficiently specific for a include regulations regarding the size of of regulations that are being put upon. I response. docks and other marine facilities. The size think education is good and that with this 2. This may be covered by the Shoreline and number of these facilities should be education good choices are made. Thanks Management Act but we are creating a reduced so as not to degrade the quality of for all your work! (Carrie Donnelly) neighborhood vision and believe docks on the Lake. 2. Isn't that covered by the Shoreline the Lake deserve special attention given that Green dots 1 Management Act? the Lake is a source of drinking water. Yellow dots 13 3.Before reducing docks presently at the lake, 3. We agree the subject needs to be studied, perform a study of the impact of these however the health of the Lake is structures on the watershed. Provide the paramount. research & findings to specific homeowners. Allow homeowners to decide based on data. Otherwise property rights are encroached. (D. Mouers) LUZA- 11 Encourage the continued use and Comment 1. Add "slight" before Zoning limits the degree of expansion expansion of the commercial facilities in "expansion". possible. Area 7 to provide a neighborhood retail center and community gathering area that is pedestrian friendly and helps eliminate car travel. The neighborhood would like to see expanded services such as a cafe, garden area, deli, etc. Green dots 1 Yellow dots 2

L UZA - 12 Create a Design Review process Comment 1. We are concerned with amount I.. Comment is not sufficientlv svecific for a

15 that will insure that the above standards are of regulations that are being put upon. I response. followed. think education is good and that with this 2. We agree that City ordinances should be Green dots 0 education good choices are made. Thanks enforced. Yellow dots 5 for all your work! (Carrie Donnelly) 2. Find a way to inspect existing homes to catch current homeowners who are adding paved patios, sidewalks, etc. w/o building oermits (w/in the watershed. (Vale Hartlev) General Comments Comment 1. Limit tree heights to heights of 1. Vegetation is addressed under LUZA 9. existing roof tops to protect views. (Cheryl Eliminating trees needs to be balanced with Davis) their value in intercepting storm water and 2. Needs to be worded more strongly - processing C02. something needs to be done to protect views 2. LUZA 7 was modified to address this. and keep existing older structures from being 3. Suggestion is outside the scope ofthe torn down. (Wendy Harris) neighborhood plan. 3. Retirement verses Property Taxes & Land 4. Suggestion is outside the scope ofthe Prices, There is no section on this. Please neighborhood plan. In addition, vested state something about the land & buildings of entitlements will not be altered by a rezane. retirement residents so the fees and taxes 5. Comments are incorporated into the Plan. don't evict the older generation. 4. There is no mention of equitable compensation to those affected by re-zoning with just a stroke of a pen - if the city wants to own it, purchase it a fair market value. 5. Editorial comments as follows: Part 1 Existing Stock second paragraph, "However - this may hurt the Reservoir". Part 2 Analysis and Objectives for Housing end of first paragraph, "only if it is permitted". Part 1 Area Descriptions add in first paragraph "each or' prior to "describes". Area 1 of the Silver Beach Neighborhood first paragraph add "," after the word "well". Editorial comment at end of first paragraph, "nor should there be". Area 3 of the Silver Beach Neighborhood editorial comment at end of first paragraph. "These lots should remain vacant!" Area 6 of the Silver Beach

16 Neighborhood editorial comment at end of second paragraph, "It shonld be Low Density". Area 8 of the Silver Beach Neighborhood editorial comment at end of second paragraph, "should be redesignated lower medium density so no more units are built". Area 9 of the Silver Beach Neighborhood end of second paragraph, "No more condos should be built in this area'. Area 11 of the Silver Beach Neighborhood end of second paragraph, "Should be low density - No more building permitted". Area 13 of the Silver Beach Neighborhood end of second paragraph, "No more building should be done in this area". Area 14 of the Silver Beach Neighborhood end of the second paragraph, "Should be low - moratorium on building". Part 3 Analysis and Objectives for Future Land Use edits on first sentence. Replace "for the majority" with "some or' and add at the end of the sentence, "and importance as a watershed". Part 4 Prioritized Implementation Strategy, first paragraph end of first sentence, add "and orotect the water suoolv!

Chapter 3: TRANSPORTATION Green Dots 28 (Indicates approval of entire chapter) TA - 1 The City will adopt 'Green Street' (see I Comment 1. Which Silver Bch Ave does Silver Beach Ave fl'om North shore to Sylvan. Appendix 3) criteria and techniques when this pertain to? (Laurel Ayling) Will clarify in TA J. redoing and maintaining the streets in the Silver Beach Neighborhood. This approach addresses the issues unique to our neighborhood - assuring that the scale of our streets remain residential and that runoff will be treated using basic natural methods within the street' right-of-way which will negate the

17 need oflarge capital intensive, experimental filtering vaults. Green streets criteria and techniques also address safety and multimodal issues of our streets. The Silver Beach Neighborhood and the city need to work together to address the streets in areas 3,4,5 6, 11 and 15 that are prime candidates for green street projects. Silver Beach Avenue would fall into this group and would be an excellent model project. Green Dots I Yellow Dots I TA - 2 Install crosswalks on Barkley Blvd, Comment 1. Crosswalks should be well The City is developing a process for Britton and N orthshore, and Electric Ave. to lighted w/warnings to vehicles when evaluating crosswalk requests and if improve pedestrian safety. People, especially crosswalks are occupied. (Doug Mooen) warranted, determining the level of the the young and the elderly, need to cross these standards the crosswalks will be built to. busy streets to get to school, to catch a bus or for many other reasons. Green Dots I Yellow Dots I TA - 3 Resurface and improve the design of Comment 1. "Resurface and improve ... all 1 .Modes oftraffic will be clarified in the North Shore Drive to better accommodate all modes of traffic ... " I think it is important plan. modes of traffic and improve stormwater to clarify/highlight pedestrian traffic. 2. The City's design for Northshorefrom runoff treatment. This project is currently When I read this I interpret "traffic" to Alabama to Britton calls for bike lanes each scheduled for 2008 and should not be delayed mean vehicular traffic. (Sabine Brueske) direction and a sidewalk on the north/west for any reason. 2. I would like to see a specific reference to side ofthe street.. Green Dots 0 the need for a sidewalk between Silver 3. The City budgeted $650,000 for dealing Yellow Dots 2 Beach Store and Alabama. Dangerous w/a with runoff on Northshore in FY2006. The stroller or kids with bikes. (Sabine profect was postponed and the funds carried Brneske) over until the runoffprofect could be 3. Create grilled catch drains that would incorporated into the resurfacing project. move road run-off water to water 4.Agreed! treatment sites. Fund w/small percentage 5. Yes, we do to that is why we are doing all tax on fuel purchased in Whatcom County. we can to see that the Northshore project is (Doug Mooen) completed in 2008. 4 The sidewalk & bike lane that is budgeted for FYOS on Northshore should be comnleted. IGene Davis)

18 5 Silver Beach is a "gateway community" that should provide for all reasonable modes of safe transportation. The lack of sidewalk/shoulder from "downtown" Silver Beach to the Southeast extent of the city is absolutely unacceptable and irresponsible. At the very least, a designated shoulder along Northshore Drive so pedestrians can walk along the public roadway should be obvious and should have been implemented by now. Further, the SB plan should address trail linkage from Northshore Drive up Donald to the city-owned properties to the east. NO provision was made for this linkage in the 7 short plat projects approved by the county and city. This plan should, must, shall address this issue which may be a lost opportunity. Get with it!!!!! (Oliver Grab) TA - 4 Resurface and improve the design of Comment 1. We want sidewalks on J. Yes, we do to, that is why we are doing all Electric Avenue. A sidewalk should be Northshore through Silver Beach from we can to see that the Northshore project is included on at least one side to provide Alabama to Academy - If not available, at completed in 2008 but Electric is important separate and safer lanes of travel for least a wider, well paved should - safe for and needs to be movedforward One project pedestrians and bicyclists. pedestrians + bikes. (Vale Hartley + Jim does not preclude the other. Green Dots 0 Tragesser) 2. The design has not yet addressed lighting. Yellow Dots 0 2: Also need to add street lights on The neighborhood will have opportunities Northshore - esp. on Chatugua side - dark for input on this and other issues in meetings & curvy area. (anonymous) with the City engineers working on the desi!!n in the cominr! months. TA - 5 In concert with WTA develop a local Comment 1. WTA needs to have a bus See how new shuttle schedule will fit this loop shuttle bus service that facilitates easy going by Heath Teena by 7 AM to support need If it is not addressed in current plans, access to Barkley Village and the Sunset Mall normal work hours. (Barkley Village - S. suggest it. for residents of Silver Beach Neighborhood. Beach proposed logs) (Mike Vandehey) Additionally, improve access for those residents who live south of Alabama by relocating at least one route so it travels on Electric. Green Dots 0 Yellow Dots 3

19 TA - 6 The project planned to connect Big No Comments on TA6 Rock Garden, the Silver Beach Elementary School and the Klipsun trail is an important link that warrants immediate attention. This would provide a pathway system around the watershed management area connecting the residential areas on either side and allow the center of the area to be returned to its natural state. This also provides safe routes to Silver Beach Elementary School. Green Dots O Yellow Dots 0 TA - 7 Northshore from Britton southeast to Comment 1. I made a similar comment on Addressed in the park portion ofthe plan. the city's border will be upgraded up to the open space at mouth of Silver Creek standards of the other secondary arterials in (recreation). This open space needs safe Silver Beach neighborhood. This is both a parking, access, lighting, signage, etc. watershed quality and safety issue. (Mike Vanderhey) Green Dots 2 Yellow Dots 2

TA - 8 Academy on both sides of the lake will No Comments on TAS be upgraded for safety reasons. The road is heavily traveled and in both cases the intersections of N orthshore and Academy have poor sight lines. Green Dots 1 Yellow Dots I TA - 9 Any city plans for residential streets Comment 1. Feel strongly about making We agree and believe the concerns are that are currently being considered for sure other streets (like Huntington + appropriate to other streets as well like connection with other segments as was done Shepardson) do not become through Sylvan. Some are currently shown on the with Haggin will be put on hold and streets. I would be happy to contribute my City's Silver Beach Circulation map as well readdressed by the neighborhood. A traffic efforts/time as needed. (Marsha Strayer) as other city documents as thru streets. circle with a rain garden should be considered These need to be eliminated from City to slow traffic on Haggin and break up the long documents and a public process initiated to straightaway. change any streets currently not thru into Green Dots 0 thru streets. Yellow Dots 3

20 TA - 10 Existing alleys need to be evaluated Comment 1. Our experience with alley We are suggesting upgrades for pedestrians and improved when possible. With little work improvement (west of Haggin, east of and bicycles only. some may provide opportunities as alternative, Hayward) is that it leads to too much extra and safer, bicycle or pedestrian pathways traffic, some of which moves much too fast through the neighborhood. They should also for an alley environment. (Alan Kemble) be evaluated with regard to their contribution to stormwater runoff and improved if necessary. Green Dots 1 Yellow Dots 1 General Comments: Comment 1. Public access to Lake 1. Refer for Parks section Action #5. Whatcom is very limited. The current use 2. See comment above for TA 9. map shows numerous access areas (end on Connecticut, Academy, East North, etc.) these should be marked on both the road and water (kayakers) to show access. (Gene Davis) 2 Page 16 - Other Streets - 3rd para. Last sentence Shepardson is short dead end street wino sidewalk+ is not in the "process of becoming a through street" (Stan Snann)

CHAPTER 4: HOUSING No Comments Card for this chaoter.

Chapter 5: CAPITAL FACILITIES Green Dots 27 (Indicates approval of entire chapter)

CFA-1 The City, Bellingham school district I No Comments on CFAl and Silver Beach neighborhood should develop a conununication plan and process that allows early neighborhood involvement when

21 updating or changing public fucilities in the neighborhood. Total Green Dots 0 Yellow Dots 0 CFA - 2 The city and Silver Beach No Comments on CFA2 neighborhood will jointly explore the feasibility, vision and funding of Bloedel Donovan park as a centerpiece of Lake Whatcom and a demonstration project for watershed management best practices. Green Dots 0 Yellow Dots 0

CFA - 3 The grounds of the Elementary No Comments on CFA3 School have large areas of impervious surfaces, which in any future remodels should be designed to treat runoff on-site before it reaches the lake. Green Dots 1 Yellow Dots 0

Chanter 6: UTILITIES & SERVICES Green Dots - 11 (Indicates approval of entire chapter) Note: Utilities & Services Poster was not received from printer. A hand written poster was posted at about 6: 30. This is why there are less dots in this section. Attendees from 6: 30 on did review this section and had to negative comments. USA - 1 The city will create a long term utility No Comments on USAl remediation fund to cover costs associated with burying cables, power and telephone lines, restoring trees to streets and removing unneeded structures. Green Dots 0 Yellow Dots 0

22 USA -2 An annual neighborhood review No Comments on USA2 meeting that highlights achievements, lists current and future priorities, evaluates problems and provides recommendations will be presented by all city and private utility providers to the Silver Beach Neighborhood. Green Dots 0 Yellow Dots 0 USA - 3 The Silver Beach Neighborhood No Comments on USAJ Association will work to expand the Block Watch Program throughout the Neighborhood. Green Dots 0 Yellow Dots 0 USA - 4 The police will patrol Bloedel No Comments on USA4 Donovan Park and surrounding play areas nightly (particularly in the summer months) to insure noise ordinance compliance. Green Dots 0 Yellow Dots 0 USA - 5 The city will provide emergency No Comments on USA5 response training to the neighborhood on an annual basis. Green Dots 0 Yellow Dots 0

USA - 6 A transparent, concise communication No Comments on USA6 process that all utility providers would use will be developed by the city in conjunction with MNAC. Green Dots 0 Yellow Dots 0

Chauter 7: NEIGHBORHOOD DESIGN (Not included in this submission)

23 Chanter 8: PARKS, RECREATION & OPEN SPACE Green Dots 31 (Indicates approval of entire chapter)

PROSA - 1 Existing buildings in Bloedel Comment 1. Other alternatives to LEEDs 1. Kept Leeds as NAHB guidelines are for Donovan Park shall be scheduled for major certification should be considered. LEEDs residential. remodel work or rework in the near future. does not guarantee that project is based on 2. Added PROSA 10 - "Public lighting Future improvements shall make the buildings environmental, sustainable construction around the lake should be hooded to LEED compliant serving as a model of methods 01· materials. LEEDs is not based minimized light pollution." appropriate watershed construction within the on life cycle analysis. Please see community. The site shall be considered for a www.NAHB.com to see alternative watershed education center. certification. (S. Hofer) Green Dots 0 2. The outside light on the building Yellow Dots 6 projects clear across the lake - the parking lot in contrast is well lit, but the lights don't shine on neighbors - fix the outside lights on the building to be shielded like the parking lot. (anonymous) PROSA - 2 Develop signage throughout parks No Comments on PROSA2 and trails to indicate this area is a sensitive watershed management area. Green Dots 0 Yellow Dots 0

PROSA - 3 Develop educational outreach No Comments on PROSAJ pamphlets to be distributed throughout the neighborhood that promote responsible use of this natnral asset. Green Dots 0 Yellow Dots 2 PROSA - 4 A rehabilitation plan shall be Comment 1. There is a park/open space at 1 & 2. The plan was attempting to address developed for the Connecticut Street-end site. the mouth of Silver Creek (Approx the Silver Beach Creek site based on the map Signage shall be placed on site to warn Maynard & N. Shore) That is not for Open Spaces in the City Parks Plan. swinnners that this site is polluted. addressed. This area is a trashy dangerous After further research, we have identified Green Dots 0 eyesore, being used as lake access. It needs this site as the "Lake Whatcom Beach Site", Yellow Dots 3 to be addressed in the plan. (Mike owned by the DNR, specifically located

24 Vandehey) between Silvern and Maynard on N. Shore. 2. The open space on the lake at the mouth The Open Space section of the plan was of silver beach creek should be improved as revised based on this research, eliminating a park, it is currently in a serious state of the George Street End and clearly labeling disrepair with garbage everywhere. (Chris the Silver Shores and Maynard Place Brueske) Beaches as PRIVATE for consistency. We also added photos of each . PROSA - 5 All Open Space sites shall have No Comments on PROSA5 Added verbiage to further clarify based on safe access for pedestrians and bicycles. verbal comments and general comments Small-scale residential pedestrian and bicycle below: PROSA - 5: All public Open Space access should be developed for these sites. sites listed above should have safe access for Green Dots 0 pedestrians and bicycles and clear signage Yellow Dots 4 visible to pedestrians and kayakers. Small scale residential pedestrian and bicycle access should be developed for these sites. Consistent fencing, gates and sign age need to be installed for clear identification. PROSA - 6 The boat launch shall be Comment 1. A speed limit on the lake J. The speed limit is addressed in the Lake monitored during seasonal peak use to keep would make it safer for small human Whatcom section under Recreation. park activities consistent with the residential propelled use which is much more character of our neighborhood and responsible appropriate anyway. (Lois Garlick) PROSA - 6 was corrected to read from watershed management practices (no refilling "dawn to dusk" gas or oil at the boat launch, etc.). Enforce existing boat launch hours of dusk to dawn. Green Dots 0 Yellow Dots 2 PROSA - 7 The city has over 70 pieces of Comment written on poster for PROSA 7 - NOTE: Because somebody wrote this public art on display, but none at Bloedel rights of dog owners are equal to those of comment about dog owners on the poster in Donovan. There is an opportunity here to use swimmers & dog owners take better care of the wrong section (under PROSA 7), I believe public art to improve the aesthetics of the site. park than swimmers same area should be several people placed yellow dots under In addition, a sculpture or mural reminding our allowed for dogs or swim evening south by PROSA 7 when they meant to place them community of our relationship with our boat dock. (anonymous) under PROSA 8. There were multiple verbal watershed may serve to motivate better comments and questions at the open house stewardship ofthis resource. about the off-leash area and no questions Green Dots 0 about PROSA 7. Yellow Dots 5 PROSA- 8 The City will recognize that the Comment 1. Rights of dog owners need to The Analysis and Objectives were expanded primary users in the summer season are human, be accommodated I resent bein2 prevented to reflect the concerns of dof.! owners and the

25 particularly in the swimming area. The off from having my dog at park hie of health concerns ofparents/grandparents of leash dates allowed in the pet ordinance shall swimmers who trash the park. Dog owners children using the play are and swimming be consistent with this. take much better care of park. Grateful area at Bloedel Donovan. PROSA8 was Green Dots 1 Dog member. (Wendy Harris) reworded as follows: Yellow Dots 1 Verbal Comment: Two separate women Action 8) The City will recognize that the expressed concern about children playing primary users ofthe Bloedel Donovan play in dog waste and thought the off-leash area and swimming area in the summer season should be separate from the play and are human, while recognizing the value of swimming area. They were invited to fill dogs in reducing the Canada Goose out a comment card, but did not. population. Clear off-leash dates and hours should be established and posted consistently in city literature and park signage (current signs and literature provide conflicting dates and times). The off leash times allowed in the pet ordinance should be consistent with seasonal use of the park. To address concerns of dog owners and parents, consider ordinance revision allowing year round off-leash activity in the grass and beach area to the east of the buildings at Bloedel Donovan Park while reserving the play area and swimming area north and west of the buildings only for human use during summer months.

PROSA - 9 The city shall install signs No Comments for PROSA 9. supporting the Promote Basic Park & Trail Etiquette program in support of the educational outreach process. Green Dots 1 Yellow Dots 1 PRSOA-10 (see proposal 1, comment 2) ADDED: PROSA - 10: Public lighting around the lake should be hooded to minimized light pollution.

26 -.-.,--1'

Chanter 9: LAKE WHATCOM Education After a review by city staff ofthe action plan, Green Dots 40 (Indicates approval of entire chapter) the question was asked how our plan interacts with existing plans. References to these plans were then added to the comments resoonse. LPEA -1 Craft and implement a personal Comment 1. I must have missed The Joint Lake Whatcom Management outreach program utilizing city staff, SBNA, it ... Publish model landscape designs for Team comprised of City and County Master Gardeners, industry experts and others. homeowners. Designs favoring a healthy executives and councils addressing Lake This group will provide stewardship education watershed. People like myself need a step­ Whatcom Reservoir has developed a multi for watershed residents that advocates by-step color book to "get it". year work plan to address Lake Whatcom appropriate stormwater management, (Mike Vandehey) issues. The Intergovernmental Coordinating gardening, home and auto maintenance Team (IC1) is a committee of City and practices, particularly during periods of peak County employees charged with outdoor activity. implementing the work plan. While we don't Yellow Dots 1 believe they are sufficiently empowered to be very effective, they have developed a work plan with many good initiatives. Where they intersect this Action Plan, it is so noted by referencing the Joint Lake Whatcom Goal (JLWG) and the Lake Whatcom Work Plan Task (LWWP1).

1. We endorse the City/County goals and tasks. "Develop educational materials describing land preservation options.4.1 Develop an integrated community outreach strategy that targets specific audiences with key messages about lake protection. 4.SExpand lake-friendly gardening program to reach additional audiences." (JLWM Goal 1 and LWWPTJ.1,4.Jlnd 4.5) LPEA - 2 Enhance existing and implement No comments on LPEA - 2 City I County Plan" Develop an integrated new education programs that address daily community outreach strategy that targets homeowner practices such as fertilizing, specific audiences with key messages about watering, landscape layout, construction and lake protection." (JLWM Goal #1 and stormwater control. Yellow Dots 1 LWWPT4.1)

27 LPEA - 3 Require education, training and No comments on LPEA - 3 City I County Plan. "Develop a watershed certification of commercial landscapers friendly certification program for Yellow Dots 7 landscapers, retailers and realtors through training workshop. 3.4 Explore enforcement and education options to improve compliance with development and erosion control standards. " (JL WM Goal # 1 and LWWPT4.7) LPEA - 4 Require education, training and No comments on LPEA- 4 City I County Plan. "Develop a watershed certification for construction personnel doing friendly certification program for concrete work, asphalt work, land excavation, landscapers, retailers and realtors through earth moving, land clearing or disturbance, training workshop. and 3.4 Explore repair to existing underground utilities or enforcement and education options to exterior painting. improve compliance with development and Green Dots 1 erosion control standards." (JLWM Goal # 1 Yellow Dots 12 and LWWPT 4. 7) LPEA - 5 Provide watershed protection No comments on LPEA 5 City I County Plan. "Develop a watershed training to all city and county employees, friendly certification program for including police, fire, public works, planning landscapers, retailers and realtors through and also elected officials to insnre that they training workshop." (JLWM Goal #1 and understand their responsibility and LWWPT4.) accountability to report and respond to noncompliance with watershed regnlations Yellow Dots 2

LPEA- 6 Establish a single 2417-point of Comment 1. 24 hour hot line phone to J. This is what LPEA-6 states. contact for citizens to report watershed report violations of watershed rules. (Pete concerns and insure a timely response. Coy) Yellow Dots 6 LPEA - 7 Provisions shall be made in the city No comments on LPEA - 7 and county budgets for funding ongoing and special watershed education programs. Yellow Dots 2 LPEA - 8 The city will conduct an annual No comments on LPEA - 8 review of the effectiveness of current education programs with SBNA and residents. Yellow Dots 2

28 LPEA - 9 Establish a coordinating group No comments on LPEA - 9 The Lake Whatcom Management between the city and county and SBNA to Interjurisdictional Coordinating Team (JCT) address watershed education concerns in areas adjacent to the city. Yellow Dots 1 LPEA - 10 Tailor education programs to No comments on LPEA - 10 "Develop an integrated community outreach address specific homeowner practices tied to strategy that targets specific audiences with stormwater pollutants found on or near their key messages about lake protection. " property. (JLWM Goal #1 and LWWPT 4.1) Yellow Dots 1 LPEA - 11 Develop educational programs at No comments on LPEA - 11 "Develop an integrated community outreach Silver Beach School to protect the adjacent strategy that targets specific audiences with watershed protection property. key messages about lake protection." Yellow Dots 2 (JLWM Goal #1 and LWWPT 4.1) LPEA - 12 The City and SBNA in partnership No comments on LPEA - 12 "Develop an integrated community outreach with Silver Beach School will plan and strategy that targets specific audiences with implement landscaping changes to enable the key messages about lake protection. " school grounds to be a model for best practices (JLWM Goal #1 and LWWPT 4.1) for watershed protection. Yellow Dots I LPEA - 13 Provide moveable educational No comments on LPEA - 13 signage at key locations during different times of the year, on the water, in participating yards, along rights of ways, during construction, at community meetings and schools. YellowDot 1 LPEA - 14 Continue mailings, news releases, No comments on LPEA - 14 presentations at public meetings, BTV broadcasts and inserts in local print media and seek innovative messages for Lake Whatcom Reservoir Stewardship. Yellow Dots I LPEA - 15 Establish 5th and 6th grade No comments on LPEA - 15 "Target water quality education through educational programs addressing Lake existing 5th grade Sharing Our Watershed Whatcom Reservoir protection. program for public and private schools of Yellow Dots 2 Bellin2ham." (L WWPT 4.11.) LPEA- 16 Redevelop and implement a No comments on LPEA - 16 Currently being revised and will be Watershed Stewardship Program. Yellow Dot 1 implemented in fall of 2007.

29 LPEA - 17 People have to know and believe No comments on LPEA - 17 that there is a problem, and they have to know what they CAN do about it. Only then, will they choose to act. Much of that education can be done by individuals and by the SBNA. The process of 'educated neighbors-talking-to­ neighbors' is very effective. Yellow Dots 1 General Comments Comment 1. I did not like any of it. My Referenced in LWPDWA-12. There is a limit belief is that the main problem with lake to the amount ofwater we can flush out of water quality are the Canadian honkers. the lake at any given time especially during The game dept. needs to trap, shoot, kill the summer and fall months. and get rid of the geese. They contribute WWU has been monitoring Lake Whatcom tons of poop to the lake. Also the city needs Reservoir annually since the 1980's and to allow gallons of water to exit lake published an annual report Whatcom so it cleanses impurities http://www.ac. wwu. edul-iwsl will link to the naturally. GP did and there was no monitoring results for the last several years. problem with pollution!!! (Loi Walton) 2: Excellent (Lori Polevoi) 3: Work with conjnnction with Science dept at Community College & Voctech to have science and technology classes that would monitor water quality and the biology of watershed land use. (Doug Moolis)

30 ·--1

Stormwater Management Green Dots 18 (Indicates approval of entire chapter) Yellow Dot I (Indicates concern re entire chapter) L WSMA - 1 Individual property owners and Comment 1. The city needs to stop and J. We agree that the City should be as occupants should install on-site treatment or control storm water runoff in to my yard responsible for controlling stormwater just infiltration/recharge facilities on their own before asking me to deal with runoff. (Tim as residents are responsible._ properties, and minimize the amount of water Donnelly) For example the City will be repaving North that flows off-site. Many of the solutions 2. Stormwater Management #1 will not Shore in the near future and will be involve low technology and low cost such as protect us from mudslides. The only thing implementing stormwater controls as part of rain barrels or dry wells. We believe that costs that protects us are trees. Thank you all so this project. for more expensive solutions should be shared much! (Lynne Findley) 2. A tree retention action item, LWSMA-6 is or funded completely by City grants such as the 3. We should not have to put on site being added to this plan. Stormwater Retrofit Program. treatment on our own property. Lets put 3. Storm drain treatment has not been in storm drains around the lake with curbs effective in removing phosphorus. Until an Yell ow Dots 34 I & sidewalks so we can control all of the effective treatment for phosphorus removal runoff. (Tony Carter) can be found the most effective way of 4. What are you thinking?? You must be removing phosphorus from the lake is to kidding. NO! (Mike Vandehey) control it at the source. 5. I don't disagree with the intent of this 4. This comment is too nonspecific to permit but until the actions under LWPEA are a response. implemented I think it would be 5. We agree that education is a critical premature. Much education and guidance element in solving the Reservoir's will be needed. I think it also needs to be contamination problems. However, the clear what level of expense individuals will health ofthe Reservoir is declining rapidly have to bear. (Alan Kimble) and intervention is needed now to initiate a 6. I like this in theory, but who pays for recovery. costs and how much? What about people 6, 7, 8 & 9. Language was added to LWSMA ou fixed income - are you going to drive -1 to respond to these comments. them out of neighborhood due to cost? (Wendy Harris) City I County Plan. "Develop strategy for 7. I am against #1 for homeowners to pollutant source reduction that considers install treatment equipment on their community outreach, regulations and property because it would be too expensive enforcement options." (L WWPT 2. 5.) and they have No Control over how much it rains! (Loi Walton)

31 8. Individual property owners should not be responsible for implementing treatment on their own property - the city should. (Anonymous) Comment 9: How mnch will this cost? (Anonvmous) L WSMA - 2 Roadway signs and pavement Comment 1. Not at my expense (Matt I. We currently pay for this through the markings highlight the path and effect of Myers) stormwater fees. chemicals from vehicles. The City's infiltration/recharge and treatment facilities on public properties will substantially reduce the amount of pollutants that are carried off the road surfaces. The City will conduct a national search for known best practices, and collaborates with researchers on this topic for even better practices. L WSMA - 3 Stormwater treatment facilities No comments on LWSMA-3 City I County Plan. "Coordinate and that are installed and operated by the implement programs to address NPDES jurisdictions shall have a maintenance program Phase II stormwater requirements in the that assures that the facility meets the original watershed... Pollution and prevention! good specifications. They shall have regular and housekeeping for municipal operations." effective water quality testing of inflow and (LWWPT 2.4.J and 2.4.2for the County) outflow to determine the success or failure of each facility. The City and the SBNA shall publish and distribute these reports L WSMA - 4 Everyone who lives or travels in No comments on LWSMA- 4 the reservoir should refrain from allowing such materials to be placed on the land in such a way that those chemicals can enter the runoff stream or the Reservoir. Yellow Dots 1 L WSMA - 5 In order to establish a fair and Comment 1. fines - yes; taxes - no (Lori I. The language in the Action Plan has been equitable City-wide stormwater management Polevoi) rewritten to explain what is intended with a program, the City will implement a three-tiered 2. We are taxed more than most already. program offees. program that includes incentives to assist Use the money wisely don't ask for more 2,3,4&5. Unfortunately cleaning up the property owners in managing stormwater money (Tim Donnelly) watershed costs more than the current fees runoff from their property with natural (low 3. taxes & fees - will already pay taxes collect. Alon!! with Countv residents livine

32 _,,I,.

technology) techniques or fees for those who this is extreme government & public in the watershed, we create the problems that choose not to manage their property's runoff discrimination against those who live on affect the quality ofwater in the Reservoir that shall be used to pay for off-site mitigation. Lake Whatcom (Anonymous) and we should have some responsibility in The enforcement of existing City Codes will 4. What are you thinking?? You must be resolving the problems. include fines to be used to mitigate any kidding. NO! (Mike Vandehey) 6. Not specific enough for a response. negative impacts caused by the infractions. 5. I think the intent of #5 is good but again 7. We agree that County residents living in Yellow Dots 39 what about all the properties beyond the the watershed are similarly responsible for city's control. And is there going to be a the failing quality of the Reservoir's water. proposal to charge user fees for all lake We hope that an empowered Lake Whatcom users (not just the power boats)? (Alan authority is established to initiate a fair Kemble) process ofgenerating the funds necessary 6. We, in the watershed area already pay for Reservoir cleanup. our share in taxes and fee on the footprint 7 & 8. Unfortunately this is not practical I propose user fees for all Non city users of since parks are open and without gates or the Lakes and parks in the city- Tacoma entrances. This may work with boats. has 2 rates at public golf courses. (Cheryl 9. There are a multitude oftaxing programs Davis) that are available to address every income 7. Isn't Silver Beach already too much an level The city already makes exceptions for enclave of snooty rich folks - this would income on water and sewer. We also propose drive out middle & working class. I am on an educational program for realtors to a fixed income - what exeption will be advise prospective residents ofthe made for me & other folks who aren't implications and responsibilities ofliving in noveau riche? When I moved into Silver a watershed. Beach 4 months ag, I did not know it was a JO. It is not clear that watershed residents watershed or what it entailed. I would are charged any more for "living in the challenge the validity of such tax on a watershed" since stormwater fees are retroactive basis. If tax is enacted it should charged to all Bellingham residents. We be done to those moving in who know have been unable to devise and outline a about it before hand. Since the City & program that would discriminate between County allow growth in the watershed. county resident and non-county vessels. They should pay for costs, or simply I I. The details of such a program are the prohibit future growth How would fines be proper role ofgovernment. We are simply fairly enforced? I now lots of people who proposing a reasonable revenue stream to use prohibited chemicals - how do you fund a badly needed Reservoir recovery prove this & who gets singled out? (Wendy program. Harris) 8. No to# 5! Homeowners should not be taxed extra for livim! on the lake! People

33 who have worked hard to live where they live. (Loi Walton) Comment 9: How define "those who benefit?" under Stormwater Management Sudden Valley not in our neighborhood (Anonymous) 10. Residents living "iu the watershed" ware charged w/ being good stewards of the watershed and especially those living on the lake have paid a premium to do so. No additional fees s/be assessed to them. However, I would favor fees on non-county residents boating on the lake and/or fining those violating rules (Anonymous) 11. I don't totally understand this one - "for those who benefit from living in Lake Whatcom"? How will this be implemented? Who will monitor? How will you fund/ How will you verify charl!es? (Anonvmous) L WSMA - 6 The City of Bellingham will No comments on LWSMA - 6 develop and fund a voluntary program to support retention of existing trees in the watershed and the planting of new and replacement trees using the "right tree, right place" management policy that compliments the citv' s existing street tree policy. General Comments Comment 1. We live on Northshore Drive I. The city will be repaving Northshore Drive and the water runoff is out of control! We next year and installing stormwater controls. get black soot from tires coming down our Other citizens, outside ofSilver Beach, are driveway, with who knows what else. We paying the $10 stormwater fee that funds are not the only ones that use the roadways such projects. Watershed Friendly around the lake. I think that to tax just the Gardening classes are held throughout the owners living in the watershed is unfair. I year. You may also contact the Master believe we absolutely need stormwater Gardeners or SBNAfor more information. drains. This should be done by city taxes. SBNA on stormwater management, Lake (by everyone) It is everyone's water stewardship and lake friendly gardening. source. I will definitelv do mv nart in 2. Comment is too va<'ue to be addressed

34 continning to not use chemicals in my yard and to not wash our vehicles at home. I would like more education as tot what I should plant in my garden. Thanks for all your work! (Carrie Donnelly) 2. No way (Matt)

Monitoring Green Dots 37 (Indicates aooroval of entire chanter) L WMA - 1 Continue the current annual No comments on LWMA- 1 City I County Plan. "Review all monitoring reservoir water column and enhanced tributary studies and reports to determine policy monitoring program. implications. 5.2.1 Conduct tributary monitoring for pollutant loading data. 5.2.2 Special projects for tributary monitoring within watershed. 5.4 Tributary monitoring in Lake Whatcom and Lake Samish consistent with Watershed Friendly Gardenin2 Grant." (LWWPT 5.1.) LWMA- 2 Characterize organic Comment 1. My question is - is every 5 More frequent monitoring would be ideal but contamination in lake water and sediment yrs. Enough? (Laurel Ayling) the cost of laboratory analysis associated including traditional organic compounds on the with monitoring is significant. For example, priority pollutant list such as pesticides, a broad range analysis for organic herbicides, phthalates, phenols and polycyclic contaminants would probably cost over aromatic hydrocarbons, and add other $1,000 and that would describe the condition emerging compounds of concern such as in the reservoir at one point, at one depth. pharmaceuticals, flame retardants and More contaminants, like metals, analyzed for endocrine disrupters. Continue a program of the same sample point, would add to the cost. periodic monitoring to track any changes. Characterizing the reservoir with a Each organic pollutant of interest should be statistically valid sampling program will monitored at least once during each 5-year likely be too expensive to do on an annual period, more frequently for pollutants with basis. What is important is to have a concentrations trending upwards. continuing program of regular monitoring Yellow Dots I for pollutants of concern that will show trends in the reservoir. A trend of increasing concentrations of a contaminant should trigger studies to determine the source of the contaminant and a prowam to attack the

35 . 1.

source. More frequent sampling ofthe contaminant would to track changes until the trend turns downward L WMA - 3 Regularly monitor benzene No comments on LWMA- 3 contamination of the reservoir and the city's treated drinking water. Determine the pathways by which benzene enters the reservoir. L WMA - 4 Determine the impacts to aquatic No comments on LWMA- 4 organisms, water quality and potentially human health from the leaching of contaminants from oxygen-depleted bottom sediments during reservoir stratification. L WMA - 5 Determine the impact of No comments on LWMA-5 increasing algae concentrations on the reservoir and drinking water. Yellow Dots 1 L WMA - 6 Continue monitoring mercury No comments on LWMA- 6 concentrations in water, sediment and fish tissue to insure we are not surprised by air transport deposition from global industrialization. Mercury monitoring should be conducted at least once every five years, more often if mercury contamination appears to be increasing. Yellow Dots 1 LWMA - 7 Groundwater at multiple depths in No comments on LWMA- 7 the immediate vicinity of old dumps and other potential sources of groundwater contamination that might find its way to the reservoir shall be sampled and analyzed for a broad range of pollutants including pharmaceuticals, flame retardants and endocrine disrupting compounds. Sites identified as contributing to groundwater contamination shall be monitored at least every 5 years.

36 L WMA - 8 Conduct hydrologic No comments on LWMA- 8 measurements and modeling in the watershed to identify and record the flow of water into the reservoir from precipitation, tributaries and groundwater. L WMA - 9 Conduct scientific studies that No comments on LWMA • 9 characterize flow in the reservoir at different deoths during different times of the vear. General Comments Comment 1. Put on educational programs J. Understanding water quality monitoring that explore technical parts of monitoring requires some research and education. water- I do not have a science background Monitoring reports from 1997to 2006 can be & need to learn more to understand what found at http://www.ac. wwu.edul-iws/. reports mean & how & what to monitor Appendix 4 will be updated to include a (Wendv Harris) primer on water monitorinf!, Land Acquisition Green Dots 29 (Indicates approval of entire chapter) Yellow Dots 2 (indicates concern re entire chapter) L WLAA - 1 In partnership with Whatcom No comments on LWLAA • 1 County, Bellingham will seek state and federal and private funding to assist in acquiring all of the remaining undeveloped land in the watershed through outright purchase, conservation easements, or purchase of Development Rights. Green Dots 6 Yellow Dots 10 LWLAA - 2 Bellingham will develop and No comments on LWLAA • 2 City I County Plan. "Develop educational implement a public campaign to encourage materials describing land preservation donation of land in the watershed for watershed options." (JLWM Goal #1 I.I) protection reserves. L WLAA - 3 A neutral third party such as the No comments on LWLAA-3 Whatcom Land Trust will hold conservation easements on all city owned watershed property to oversee and enforce the goal of management for water quality protection. Yellow Dots 1

37 L WLAA- 4 All property acquired by the City No comments on LWLAA-4 for watershed protection will have all development rights permanently removed through the use of deed restrictions and/ or other legal means. Yellow Dots 12 L WLAA- 5 Bellingham will develop and No comments on LWLAA - 5 implement a public recognition program for landowners donating all or part of their watershed properties or entering into a conservation easement that limits future use of the land to watershed protection. The program would only pertain to properties for which all development rights were removed. Yellow Dots 1 L WLAA - 6 Bellingham will develop and Comment 1. #6 Define Transfer or J. The Action Plan has been changed to implement an effective Transfer of Development program How extensive is better describe the TDR process. Development Rights (TDR) program. This the development that is restricted? City I County Plan. "Enhance Whatcom program would remove development rights Beaches? Parks? Present home repair? County TDR Program to ensure permanently from land in the watershed. coordination between County, City and Property owners can choose to sell some or all Water District and other planning efforts. of the zoned development units from their And J. 5 Evaluate components of TDR watershed property to developers or the City to Program that the City is capable of increase density in predetermined areas that are performing." (L WWPT 1.2) not as enviromnentally sensitive. Yellow Dots 2 L WLAA - 7 Bellingham will develop a forest No comments on LWLAA- 7 management plan aimed at maintaining or restoring diverse forest structure and composition with native plants within one year of acauiring control of each specific property. L WLAA - 8 Bellingham will begin forest No comments on LWLAA - 8 restoration activities within three years of acquiring control of property that includes elimination of invasive non-native plants. L WLAA - 9 Bellingham will remove No comments on LWLAA 9 unnecessary roads, culverts, and built structures

38 from all acquired property within three years of acquiring control of the propertv. L WLAA - 10 Bellingham will target purchase No comments on LWLAA- 10 or conservation easements of developed property with willing sellers to provide natural stormwater treatment in key locations to prevent pollution sources from reaching the lake. Yellow Dots 4 L WLAA - 11 Each acquired property will No comments on LWLAA-11 have a baseline-monitoring inventory that states existing characteristics, habitats and detailed restoration goals and actions. L WLAA - 12 Periodic monitoring will be No comments on LWLAA-12 compared to the baseline inventory, goals and action plans to ensure that management strategies are producing the desired results L WLAA - 13 All reports of misuse of No comments on LWLAA-13 protected land are addressed either through adaotive management or enforcement. LWLAA- 14 Signs detailing allowable No comments on LWLAA - 14 activities will be posted on all watershed protection properties. Yellow Dots 4 L WLAA- 15 The Watershed Ranger will No comments on LWLAA- 15 have a visible presence in the watershed by providing ongoing education about and enforcement of watershed protection regulations and activities. Yellow Dots 4 LWLAA- 16 Bellingham will strictly No comments on LWLAA - 16 enforce its policy of not allowing hookups to City water outside ofUGA's in the watershed. Green Dots 1 Yellow Dots 2 L WLAA - 1 7 Bellingham will renegotiate its No comments on LWLAA - 17 contracts with Water Districts in the watershed

39 to eliminate future extension of City water to building lots created after 2007 and to reduce current contractual agreements for hookups so that fewer new homes are built in the watershed. Yellow Dots 5 General Comments Comment 1. Bellingham cannot afford the 1&2.Lake Whatcom is listed as an impaired taxes this would require - it has to be body of water and it is required to be cleaned coordinated with the County and impact up under State and Federal law. The City the whole lake- a completely clean north currently has a land acquisition program basin (city surronnded) won't help water that purchases land outside the city to protect quality from the central basin the quality of our drinking water source. (Anonymous) This program is done in conjunction with the 2. Be sure to speak to geographic County and Water Districts. Limited jurisdiction coordination. COB does not research by WWU has shown that flow control the rest of the lake outside city patterns in the Reservoir include a limits. (Anonymous) significant and counterintuitive back flow from Basin 1 to 2 and from Basin 2 to 3.

Water Habitat Green Dots 31

40 L WWHA- 4 Develop and implement a plan #4 Like idea of working with homeowner J. See LWWHA 3 Response above. We to work with property owners adjacent to the but do not like mandate on homeowners. agree that we should have the freedom to Lake Whatcom Reservoir or tributaries to Freedom to disagree with research based practices but modify activities or land uses to enhance Mooers) believe that we all have an obligation to stream and hence Lake Whatcom Reservoir comply with legal requirements water quality protections. Yellow Dots 3 LWWHA- 5: In conjunction with the No comments on LWWHA-5 Washington Department of Fish and Wildlife, develop and implement a plan to reduce or eliminate non-native fish species from Lake Whatcom Reservoir. GreenDots 2 LWWHA- 6: Monitor fish species for No comments on LWWHA-6 contamination. Post advisories at popular fishing locations and boat launch areas. Report advisories in local media and place notices in the City Sewer and Water billings.

Recreation Green Dots 30 (Indicates approval of entire cha Jter) LWRA - 1 Use Bloedel Donovan Park as a No comments on LWRA-1 City I County Plan. "Coordinate with City model to demonstrate 'Best Practices for Care and County parks departments to develop of the Watershed' by providing the interpretive and manage parks and open space in the examples of caring for the watershed, watershed in a manner consistent with water advocating pesticide/phosphorus free lawn care quality protection goals." (L WWPT by task and labeled plants in rain gardens. 9.1.)

L WRA - 2 Clearly and publicly post all No comments on LWRA- 2 boating, park rules, and swimming rules

L WRA - 3 Establish position of Lake Comment 1. What will the ranger do? 1, 2 & 3. The Ranger will insure that Ranger/Sheriff to allow for better enforcement Will he report people for washing cars & residents comply with legal requirements of city rules on the lake, with additional putting rocks in front of their house through a program of education and support on holidays. (Audrey) enforcement If washing cars is prohibited Green Dots 3 2. #3 Need to define role of Sheriff in terms in the watershed, he/she would address the Yellow Dots 13 of orivate orooertv homeowner's use of infraction. Peovle do not have the rit!ht to

41 their property. (Doug Moolis) do anything they want on their property such 3. People who are homeowners in the as operate a Meth lab or build a high rise watershed have the right to do what they apartment complex if the zoning does not so want on their property. NO to #3! No permit. sheriff monitoring and extra expense to City I County Plan. "Seek additional funding homeowners. (Anonymous) sources for implementation ofthe program elements. Someone specifically assigned to educate and enforce existing regulations in the watershed." (L WWPTl 1.1) L WRA - 4 Establish position of No comments on LWRA- 4 City I County Plan. "Seek additional funding Lifeguard/Lake Steward/Educator (combined sources for implementation of the program role) for summer and holidays at park. elements." (LWWPT 11.1) Green Dots 9 L WRA - 5 Increased Compliance with No comments on LWRA- 5 Watershed Guidelines during community events and activities (see appendix 5) L WRA - 6 Develop and implement safe No comments on LWRA- 6 swimming fmidelines (see aooendix 5) L WRA - 7 Enforce current and proposed No comment on LWRA-7 City I County Plan. "Coordinate with City boating and water sports regulations including: and County parks departments to develop WA State Navigation law (Note: New and manage parks and open space in the legislation in forcel-8-2008.) (see appendix 5) watershed in a manner consistent with water Possession of Washington State Boater quality protection goals." (L WWPT by task Education Card. 9.1.) Legal age requirements for boat operation, and rules therein. Guidelines of the Lake Whatcom Management Program, 'Boatnotes: A handbook for Boater's on Lake Whatcom' (see appendix 5) L WRA - 8 Introduce boat trailer parking Fees Comment 1. #8 - Charge fee for Boat 1 & 2. It is not clear why City residents at Bloedel Donovan Park. Trailers ONLY if out of city Residents (C. should be spared paying for the parking lot Green Dots I Davis) pollution controls and maintenance of the Yellow Dots 10 2. Don't we already pay enough taxes to launch since they use it too. Users should cover this already? Of course we do!! pay for what they use. We're already overtaxed on the lake!! 3. Fees would largely pertain to power boat (Anonymous) users who can afford to own and pay for fuel 3. #8 fees orohibit lower income families for a boat.

42 ,,+-1

from using the lake (Dave Moolis) 4. Weagree. 4. Boat trailer fees - As long as it's enforced and consistently applied. Yeas ago, a kiosk was "occasionally" collecting fees at peak times - not fair. (Mike Vandehey) L WRA - 9 Provide written guidelines to No comments on LWRA - 9 boaters at the fee collection kiosk, including 'Boatnotes', posters and information displays. L WRA - 10 Adopt and enforce new powered Comment 1. Swimmers are already 100 J. This would apply to all lakefront property, personal watercraft regulations including: feet from dock. Include swimming barriers 2. Existing rules as found in "Boat Notes" Power watercraft must proceed out 200 feet so boating lanes are clear. (Ken Bell) revised 2006 edition, should be followed and from shoreline without generating a wake, or 2. No to #10!! These rules would be next to enforced exceeding 5 MPH; impossible for adult to do let alone a Remain at least 100 feet from swimmers at all teenager. Everyone would have to carry a times; measuring tape in their boat for 200 ft Proceed out and return to shore in a straight from shoreline, 100 ft from swimmers and line; who can measure noise? This is a hidden Ban personal powered watercraft rental and strategy to discourage people from using watercraft racing; and the lake for recreation. (Anonymous) All watercraft noise should be 80 decibels or lower (this is also the current tractor trailer trucks guidelines for roads.) Green Dots 1 Yellow Dots 13 L WRA - 11 Review existing and update No comment on LWRA-11 regulations for seaplanes and amphibious aircraft in the Watershed. This would include: Developing a plan for handling a fuel spill, human injury or other disaster. Publishing this plan so that it can be reviewed by the public and emergency response professionals Prohibiting place from being refueled on the lake or in the watershed. L WRA -12 Replace boat docks with aquatic- No comment on L WRA - 12 ecosystem friendly docks

43 L WRA -13 Ban all use of fireworks in the No comment on LWRA - 13 watershed, because they pollute the air, soil and water with heavy metals, and also cause noise pollution, litter, and add other toxic elements in our water sunnlv LWRA - 14 Develop City supported No comment on LWRA - 14 workshops and an on-line link to the Neighborhood web site L WRA - 15 Encourage public and private No comment on LWRA-15 partnerships between agencies and groups to promote overall goals as stated. L WRA - 16 Establish an annual Community No comment on LWRA-16 'Best Practices' Award for Sustainability L WRA - 17 Establish an easy reporting and This will not promote community - it will 1. We disagree. Enforcement is the enforcement mechanism, so citizens are turn neighbor against neighbor - (Bob responsibility of citizens as well as the encouraged to file nuisance reports due to Bray) authorities. Citizens are frustrated at present unacceptable loud noises on the lake, observed since there is no one to call to address such safety violations, vandalism, or polluting violations of City ordinances. activities on the lake.

General Comments Comment 1. We need to review legal 1. The City would explore such legal conveyance documents regarding gifting of contingencies ifthe Action Plan were park to city to determine what items we adopted. can change and what we are prohibited from doing (Wendy Harris)

Pure Drinking Water Moved to first position in Chapter Green Dots 29 (Indicates approval of entire chapter) Yellow Dots 5 L WPDWA - 1 Create a city department to be Comment 1: As the city controls such a J. True the City occupies a small portion of responsible for the Lake Whatcom Reservoir, relatively small area of the lake how is it the reservoir; however it provides water for its watersheds and associated drinking water likely that all areas in the watershed can be most of the people in the area. We believe treatment facilities. Pending creation of this brought into similar compliance. Is it that such a sole authority is vital to effective department, all jurisdictions shall establish and feasible to have some sort of "watershed management ofthe Reservoir and think it is implement the same regulations pertaining to super-authority" (Alan Kemble) feasible. the Reservoir, its watershed and associated Comment 2: This supposes the city can 2. The need for increasing levels of drinking water treatment facilities; a single have iurisdiction over all of the lake - this treatment to maintain drinkinf! water

44 ,I

individual shall coordinate these regulations. won't happen - plan for better treatment in the system results in increasing levels of and filter infrastructure and other water Trihalomethanes (THMS}, suspected cancer sources (Anonymous) causing compounds. We think it vital that we maintain good quality source water to minimize the exposure of our citizens to these compounds. City I County Plan. "Research options for creation of a Lake Management District." (Rt!{erenced in ICT 11.8.) L WPDWA - 2: Determine the pathways by No comments on LWPDWA-2 which benzene enters the Reservoir and determine procedures to interrupt these pathways. L WPDWA - 3: Establish a program that Comment 1. Boats are certified by EPA 1 & 2. New engines standards were adopted requires an annual inspection and permit for with respect to emissions. (S. Hover) in 1998, were phased in between then and any fossil fueled vessel to operate on Lake 2. I don't believe that most of the boats 2006 and pertained to new engines only. Whatcom Reservoir. Permitted vessels shall require an inspection maybe after they are This program would insure that engines are prominently display a permit sticker when on 20 years old or something like that if they properly tuned to minimize emissions the Reservoir or when entering or leaving the are polluting have the sheriff sight them a 3. The benefit is fewer hydrocarbons in the Reservoir. Fees collected by this program shall ticket. (Anonymous) source water for our drinking water. be used to enforce the program and monitor the 3. 3 -Another tax and spend bureaucracy. 4. This program would help to insure these effect of fossil fueled vessels on the Reservoir. Show me the benefit!!(collecting fees to polluting engines are kept offthe lake and Yellow Dots 17 enforce fee collection?) would help insure those boats approved for 4. With 2 stroke engines removed from the lake use are as pollutant free as possible. lake I don't feel another rule needs to be The City's two stroke ban is unenforceable, implemented and have to be enforced. the County's is not yet in effect and when it (TimDomeg) does go into effect, it exempts some two 5. No to #3! The government doesn't need stroke engines. more control by requiring vehicles to have 5. This seems to be objecting to a annual inspections and permits for living in recommendation that is not contained in the the watershed. Also people are conserving SBNP, namely that cars and trucks be gas anyway by carpooling and riding the subjected to emissions inspections. bus. And most important, people living in the watershed don't need to pay more taxes. (Loi Walton) LWPDWA - 4: Prohibit fueling of boats at Comment 1. - 4 OK (Mike Vandehey) 2. Refueling should be done offthe public boat launches on the Reservoir - this 2. Requirin2 boat owners to pull their Reservoir to prevent the introduction (Jf

45 would include all of Bloedel Douavan Park - boats out of the lake to refuel will result in hydrocarbons into our drinking water. and on roads within 1,000 feet ofa lannch site. tremendous congestion at boat launches - Yellow Dots 7 Increased traffic increased pollution. Perhaps and eco friendly fueling station would be a better idea. (Ken Bell) L WPDWA - 5: Only permit fuel tanks that Comment 1. - 5 - Senseless - you havn't 1. Although there may be other benzene attach directly to engines on the Reservoir; completed- 2 stndy. (Mike Vandehey) pathways to the Reservoir, data do suggest prohibit all other fuel containers from use on that boats are responsible for a sig11ificant Lake Whatcom portion of benze11e pollution. (Conversatio11 Yellow Dots 8 with Steve Hood, De/Jartmellt ofEcolof!v) L WPDWA - 6: Exclude all carbureted two Comment 1: - 6- no - not based on 1. Studies have shown that carbureted 2 cycle engines from Lake Whatcom Reservoir. science. (Mike Vandehey) stroke engi11es pollute sig11ifica11tly more Yellow Dots 2 tha11 fuel in}ected 2stroke or 4 stroke emrines L WPDWA - 7: Require that the few No comments on LWPDWA- 7 City I Cou11ty Pla11. "Review applicable remaining septic systems within Bellingham's policies and provide recommendatio11s on city limits be connected to the sewer system prohibiting OSS i11 the City's portio11 ofthe Green Dots 1 watershed a11d 10.6 Consider optio11sfor Yellow Dot 1 requiring on-site septic system (OSS) i11spections duri11g all real estate tra11sactions. " (Referenced to JCT 1O.5) LWPDWA - 8: Lift the Sudden Valley golf Comment 1: - 8 YES! (Mike Vandehey) City I Cou11ty Pla11 "Coordi11ate with Sudden course's exemption from the phosphorus Valley Commu11ity Association to establish fertilizer ban in the watershed. Examine and best ma11ageme11t practices co11siste11t with implement ways in which the Sudden Valley source water protectio11 goals for Sudde11 golf course ruay be managed to reduce or Valley Golf Course, braches a11d other public elimiuate the use of all fertilizer. areas." (Refere11ced to JCT 10. 5) Yellow Dots 2 L WPDWA - 9: Require chipping and ban No comments on LWPDWA- 10 burning of ruaterial left over after any form of land clearing. L WPDWA - 10: Require that wood burning No comments on LWPDWA - 11 stoves meet EPA criteria for smoke emissions and work to upgrade stoves already in use which do not meet these criteria. Yellow Dots I

46 ,J

L WPDWA - 11: Ban the use of fireworks Comment 1: I am delighted to see a 2. Fireworks have many harmful inside the watershed suggestion to ban fireworks. I understand components, specifically heavy metals, that Green Dots 5 that this recommendation is made to pollute the Reservoir. There are many Yellow Dots 9 preserve the health of Lake Whatcom and sanctioned fireworks displays that can be while I totally support that, I would suggest observed. the fireworks are crating a noise nuisance as well as a fire damage. I live next to the forested watershed & frequently walk in there- For the week following & preceding July 4th, I see evidence that fireworks have been ignited in the forest. From the front window of my home, I also see fireworks projectiles landing near wood fences and dry brush. (Anonymous) Why? How will this protect the watershed? Don't take away all our fun & community spirit! (Anonymous) LWPDWA-12: Study and implement Comment 1: Arrange for Fish & Wildlife J. This is a suggestion which falls under the methods of reducing the Canada goose round-up of Canadian geese for 3 yrs. To recommendation to study and implement population in the Lake Whatcom watershed. eliminate population. Geese cannot fly last control methods. However, the experience in This would include discouraging the planting 3 wks of June - F & W will do round-up & other areas suggests that the problem will of grass adjacent to water frequented by euthanize them for a fee of+/ $2000. Need not be solved in three years by this method. Canada geese and promote alternatives to lawn to do this as our beach is so full o f feces we 2. It is not likely that shooting will be in areas where geese are known to feed or nest. don't allow swimming. (Susan Edgar) permitted within the City limits; or the Green Dots 2 Comment 2: -12 Geese - Lift the no populated portions ofthe County for that Yellow Dots 15 shooting zone ordinance - Geese are good matter. eat'n! (Mike Vandehey) L WPDWA - 13: Determine the deleterious Comment 1: #13 Unharmful pilings keep J. The recommendation is to remove impact of unused pilings in and near the intrusion of boating from shoreline. Also harmful pilings. Many, if not most, old Reservoir. Prepare and implement a plan to provides evidence of past docks that were pilings were protected with substances remove unused pilings, beginning with those removed. (Doug Moolis) harmful to marine organisms and may be a determined to be most harmful to water quality. source of ongoing contamination. Such Yellow Dots 5 contamination should be removed from the Reservoir. See recreation for provisions to keep boats away from shoreline.

47 General Comments Comment 1: These issues go beyond the 1. The City has charged SBNA with the scope and expertise of a neighborhood responsibility of developing a neighborhood association. Should be referred to plan. appropriate city/stat/federal agencies. The entire SBNPwill take the form of (Kerry Garrett) recommendations to the City and County. Nothing recommended in this document can be enacted without l!OVernmental action.

Enforcement Green Dots 30 (Indicates approval of entire chapter) LWEA -1: The City shall vigorously pursue Comment 1: Impose large fines for 2. The role of the ranger or enforcement enforcement of the laws, by increasing staffing violations of current 2 cycle motor ban. officer is to educate and enforce. and resources. A "Lake Ranger" position will Not being enforced (Pete Coy) be funded and supported, no later than January Comment 2: Oppose creation of a ranger 31, 2008. with power to fine/oversee residents. This is Green Dots I big brother. Yellow Dots 14 Long Range Planning Green Dots 30

48 Comments & Responses Regarding the Plan Update Process

This chapter addresses comments, written and email, made about the process used to the develop and vote on the Plan, including written comments submitted at the October 11 meeting and through email from October through November 1. The table below includes responses prepared by the authors.

Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. 11 meeting) Plan Develonment Process We were never notified that our property was No properties are scheduled for a downzone. Vested scheduled for a downzone (Anonymous handout rights remain. distributed at Oct. I I mtg) The plan was rolled out in June. The month prior The months not mentioned included programs on (May) the association had a meeting on the Lake Whatcom, drinking water, stormwater, zoning, history of Silver Beach, not to discuss the plan. parks. At every meeting, including the June meeting, In June they rolled out the plan and asked us all time was set aside with the groups drafting the plan to read it for future comments. In July they had a and attendees were encouraged to offer comments candidate forum. No plan discussion. In August and participate. The August picnic was followed by they had a picnic. In September we had an open a program with Robin Matthews on Lake Whatcom. house where if you showed up you got to put a The four groups drafting the plan held work sessions green dot by the section you liked and a yellow at least monthly from March through September that dot by the section you did not. Welcome to grade the public was encouraged to attend. The process has school They had work sessions the following been constrained by a December 1 City deadline. week. If you did not attend there were not other workshops scheduled. (Anonymous handout distributed at Oct. 11 mtg.) Today, in October the association is voting. Some draft plan provisions were removed and some There were no substantial changes to the plan. added after the open house based on comments There were additions which included a discussion received. As one example, in the Parks Section, on chlorine. PRO SA 10 was added after comments were made at (Anonymous handout distributed at Oct. 11 mtg.) the September Open. In fact, all 5 PROSA items that received comments resulted in significant changes to verbiage in the plan and the Action Items. The Silver Beach Neighborhood plan is on the The capacity of our neighborhood web site is limited association page, if you click the link it takes you as we are a not-for-profit organization with limited to the lakewhatcom.org website. funds. We are, in fact, using a free service due to our (Anonymous handout distributed at Oct. 11 mtg.) limited funding. The free hosting service provides minimal capacity, not enough to post large documents like the entire plan with the various maps it includes. As a work around to make this large document more easily available to the public, we were able to use a link to another web site with a large enough capacity to post the entire plan. The link from the Silver Beach Neighborhood Association to the plan works at present. Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. 11 meeting) The association made feeble attempts to contact Efforts to reach the entire neighborhood which were affected property owners. We were told that aggressive (3 mailings to the entire neighborhood, property owners did not need to be notified signs posted, radio and notifications, because the recommendations would require an among others). The plan submitted to the city is action by the council and a public notice would advisory only and not actionable. However, from the then be issued. By that time it is too late. outset the entire process attempted to include and (Anonymous handout distributed at Oct. 11 mtg.) inform the entire neighborhood. The council allocated funds for the plan to be The city was aware of the plan and was consulted as written. The Silver Beach money was not used the plan developed. Given the contentious nature of for a planner or a lawyer or anyone with the recent past, the hiring of a trained fucilitator was expertise. (Anonymous handout distributed at prudent. Oct. 11 mtg.) Name to be added to the mailing list: John Done Barron, [email protected], 210 Northshore Drive, Bellingham, WA 98226 (Octl 1, 2007 Meeting comment) We need to start over and begin a process that The plan update process can be undertaken once per involves all neighborhood interests! (Anonymous year. Perhaps new membership can develop a better handout distributed at Oct. 11 meetin<' J process for future efforts.

115 Comment Response Verbatim comments received from 10-1-07 tbrou!l:h 11-1-07 (emails & Oct. 11 meeting) The group that ran this meeting at Bloedel had a The group of volunteers who authored the Silver set agenda - different than most in the room Beach Plan was diverse and included everyone who (Anonymous comment, Oct.11, 2007 meeting) expressed an interest in participating. The majority of these people did not know each other at the beginning of this process in November of 2006. What they had in common was a willingness to volunteer their time to update our outdated neighborhood plan. The agenda, or purpose, of the Silver Beach Neighborhood Association, as stated in the Articles of Incorporation includes: l. To represent the needs and concerns of residents in the Silver Beach Neighborhood, in the city of Bellingham, Washington. 2. To improve the quality of life in our neighborhood. 3. To protect and improve the water quality of Lake Whatcom. The plan reflects these objectives. Approximately 24 individuals contributed to the 2007 Silver Beach Neighborhood Plan. The diverse authors included: • At least 4 boat owners • At least 3 waterfront property owners • At least 22 property owners and at least l renter • Both Democrats and Republicans • At least 2 individuals in the construction industry • One retired EPA laboratory director • One former mayor (of Moscow Idaho) • One doctor and one nurse

116 Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. 11 meeting) I have not received notice of this meeting. I -A letter to the Editor was published in November found out in the parking lot. My guess is that 2006 describing the upcoming process and inviting many, many people didn't know. (Anonymous ALL neighbors to join in. comment, Oct I I, 2007 meeting) -Signs announcing upcoming meetings were displayed throughout the neighborhood. Initially, 15 signs were posted then increased to 25 later in the year. -Upcoming meetings were advertised in the newspaper and on the radio. -Emails were sent to everyone for whom SBNA had an email address in advance of meetings. -Broadcast mailings to the entire neighborhood were sent out in advance of the 2007 February, June and September meetings using the City's Silver Beach address list. -Finally, a web site was established that advertises impending meetings, posts significant developments and contains important documents relevant to the neighborhood including the plan as it developed.

Why weren't folks notified? (Anonymous See response above comment, Oct II, 2007 meetin!!I There was no notice that a vote was going to take See response above. The broadcast mailing in place and that you need to be present. No September announced the vote as did the other absentee ballots. There needs to be. (Anonymous notification methods identified and notices on our comment, Oct I I, 200 7 meeting) web site. Absentee balloting was beyond the resources of the group responsible for administering the vote. This is a not-for-profit association with limited resources. Hopefully such a system can be developed that ensures one person one vote in future votes. Our concern is a small group of people in the The agenda was to develop a neighborhood plan that neighborhood running an agenda. (Anonymous reflected the character and values of the comment, Oct I I, 2007 meeting) neighborhood. Most of this group did not know each other one year ago, the only thing they have in common is that they were willing to donate volunteer hours to help make Silver Beach a better place. The group was diverse and included boat owners, waterfront property owners, both Democrats and Republicans and two people in the construction industry. A core group of 24 authors donated more than 5,000 hours to research the issues, meeting with government agencies and experts and develop a neighbor plan. More than 100 neighborhood members provided comments and input to the final oroduct.

117 Comment Response Verbatim comments received from 10-1-07 throu!ili 11-1-07 (emails & Oct. 11 meeting) Many minimized opposing viewpoints. It was no one's intention to minimize anyone's (Anonymous comment, Oct 11, 2007 meeting) viewpoint. We went to great effort to be inclusive and encouraged all community members to engage in the process of drafting this plan. Every comment received was published and responded to. Substantial changes were made to the plan based on community inout throughout this process. The Plan is socialism Bellingham sty le - Big Too nonspecific for a response. Government & Bigger Spending (Anonymous comment, Oct 11, 2007 meetinf!) The Plan would have unintended consequences Too nonspecific for a response. which will be horrendous. (Anonymous comment, Oct 11, 2007 meeting) I believe the Lake is in good shape until I see Lake Whatcom is on the EPA list of impaired water Federal and State water tests that show the water bodies for low dissolved oxygen. The city and quality is unsafe. (Anonymous comment, Oct 11, county will be required to develop programs to 2007 meeting) address the circumstances that cause low dissolved oxygen levels. http://www.ac.wwu.edu/-iws/ provides access to several years of reports describing water aualitv in Lake Whatcom. The City water intake should be relocated to the The City will have access to this comment. North side ofRevelie Island where the water is 300 feet deep and away from population. (Anonymous comment, Oct 11, 2007 meeting) Unlimited Bellingham government control. What Too nonspecific for a response. happened to personal property rights? (Anonymous comment, Oct 11, 2007 meetinf!) This document goes way beyond the task that The City is aware of the update program and the you were given by the City. Redo it! (Anonymous process and has encouraged us to continue. comment, Oct 11, 2007 ballot)

118 Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. 11 meeting) Comment 1. Please note that Lake Whatcom is 1. In December 1992, a Joint Agreement was signed not classed as a reservoir as your group keeps among the City of Bellingham, Whatcom Co1mty, calling it. It happens to be a Lake that the city has and Water District #10, becoming the underlying water rights to withdraw water from. policy of each of the jurisdictions. The Agreement Comment 2. Also your group keeps calling North required the use of the term "the Lake Whatcom Shore Drive as Northshore Drive. The City of Reservoir" when discussing "the lake". Knowing that Bellingham made their own change when they we chose to use that term. went to computers and it is still named North 2. We are using the current City maps and the Shore on official papers with the court house. County's Real Property records for the basis of The city even changed the street signs without Northshore as one word. We will be posting the official change being made. results on the web site and sending them by email 3) Why don't you have your election results on shortly. your website. You should at least have the 3. We had some people who left town immediately courtesy of doing that for neighborhood after the vote on previously scheduled trips and have information or is it a secret. I also feel your group just returned. There are a only a few people who is a special interest group and not reprehensive of were willing to give of their time to make this vote the neighborhood. (Don Young, email} happen and it was fur more complex than we originally envisioned. There is nothing secret about the results. As far as a special interest group, we are. We are interested in producing a plan in which everyone is invited to participate and be heard. It will be evident from the vote that that occurred. Our regret is that more people didn't engage earlier in the process.

119 Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. 11 meeting) Please record two votes that we do not support Water quality in the lake is deteriorating. The draft this plan and enter this into the record. First let us plan addressed many measures intended to help tum recognize the tremendous work and thought that the decline of water quality around to preserve a good has gone into this effort and thank those that have source of drinking water for the city and county. It is been involved from the start and especially those a privilege to live in the watershed and with that goes leading this effort. It is laudable that the responsibility to minimize impacts on water quality. neighborhood association has reorganized it Steps taken to date to protect water quality have not hopefully will continue. We apologize for worked. Many measures, including some that were weighing in at the "11th hour" but the realities of defeated, will likely be adopted by the city and the work and life are responsible. county as they take the steps necessary to address the Why are we voting against this? A summary EPA listing of Lake Whatcom as an impaired water is that this document is offering up too many body. It is not clear where we could go for another personal freedoms. The document is not water supply. Until a new source is identified and representative of what we feel are realistic acquired, we must make do with what we have. changes and approaches to the problems that are nicely elucidated. We can support programs that Specific responses: respect freedoms and approach behavior change 1. Your vision for the neighborhood store and cafe is with incentives rather than controls and what the plan authors had in mind. regulations. This document is all about controls 2. Keeping the handling of gasoline away from the and regulations, rather than incentives for lake keeps it out of the lake. Gasoline components improvements. We also feel this document is such as benzene are very harmful to human health. unbalanced and is focused on restricting people 3. Education of workers coming into the watershed that have invested in the neighborhood for is the intent. enjoyment of the recreational opportunities the 4. Noted. lake provides. We'll be asked to be 5. There are few remaining septic systems in the city specific. Here are some: (the comments below and converting to sewer should not be too bit a were included in the appropriate section in the burden. Septic systems are sources of e. coli. Silver 'Oct - Nov Comments and Responses' table.) Beach Creek is high in e. coli which may well be due 1. Rezone some areas to return to low density but to septic systems in the county. expand the retail zone! This is only fhlr to those in the 6a. Agree. retail zone and areas allowed to remain high 6b. The plan intended to do that. density. Retail expansion will bring more traffic, 6c. Good idea. more parking lots, etc. We need a neighborhood store that we can walk or bike to for groceries and maybe a bite to eat or a hfilrcut. We don't need a neighborhood investment office, realty office, jail, rehab facility, or other attractants to more traffic, people, or animals from outside the watershed area. 2. Prevent facilities on the lake for putting gas in boats! This means more people hanling gas cans to boats, spilling gas into the lake, off-gassing more fumes, and spilling onto themselves, their cars, etc. Would you rather have hundreds of people doing that or a facility that can use trained and supervised methods for transferring gas. We don't own a boat but it appears boat owners don't have a voice in the neighborhood association. 3. Certification of working coming into the neighborhood?! Now there's fuel for a huge new bureaucracy. Of course education for preserving the watershed is a good thing, but the implications of certification have not been thought through. 4. A building moratorium would have drastic effects on a few and is unfair. One could counter with other 120 Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. 11 meeting)

Volin!! Process Please find attached my vote regarding the Silver Absentee balloting was beyond the resources of the Beach Neighborhood Plan. I am unfortunately group responsible for administering the vote. This is scheduled to be out of town that day, and am not a not-for-profit association with limited resources. able to change my plans. I would appreciate it if Hopefully such a system can be developed that this notarized ballot was brought to the meeting ensures one person one vote in future votes. The vote and recognized as a valid vote against the current was not included in the final tally but was included in Silver Beach Neighborhood Plan. an appendix tallying votes received by other means. (Dan Washburn email comment) I am not able to attend this evening's Silverbeach Thank you. Neighborhood Association meeting, but I would like to register my opinion of the plan that will be presented to the City of Bellingham. I have observed your hard work and the efforts of the group to reach out to and communicate with the community over the months, repeatedly trying to draw all interested persons into the process. Publicity was good, signage was good. Everyone had an opportunity to express detailed views. Your web-site has been very ·informative over the course of the process. I strongly support the Neighborhood Plan as a whole. Preserving and improving the water quality in Lake Whatcom Reservoir is of the utmost priority. (Joyce A. Prigot email comment) Attached is a copy of the front page of the sample Absentee balloting was beyond the resources of the ballot for Thursday's meeting. Unfortunately, I group responsible for administering the vote. This is am already double booked for that evening and a not-for-profit association with limited resources. can not attend. I have taken the liberty to make a Hopefully such a system can be developed that new box, with ballot choice ...... Disapprove the ensures one person one vote in future votes. The vote entire plan as it is presented and respectfully was not included in the final tally but was included in request that it be re-written to represent the entire an appendix tallying votes received by other means. community belief, not just a limited few. That is my vote, to which I have had my signature signed by a registered Notary public. Please present a copy of this on my behalf; as valid ballot at Thursday's meeting. I am also enclosing a copy of this email to the SBNA as well as the city council staff and city attorney's office representative to register my disapproval of the voting process and of the proposed community plan, as presented. Bliss, William (email comment)

121 Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. 11 meeting) Group: I really appreciate the good work that was Perhaps. In retrospect, a number of things would done. However, legitimate concerns were raised have been done differently. Absentee balloting was that could have been satisfied by delaying the beyond the resources of the group responsible for vote for a week and allowing absentee voting. administering the vote. This is a not-for-profit Not to have done so puts some egg on you know association with limited resources. Hopefully, the where. (Alan Fritzberg Oct. 11, 2007 meeting city will recognize that in order to support such comment)) neighborhood endeavors as these, access to the county voting process is necessary. 3 Properties = 3 votes? (Anonymous comment on One vote per person. ballot envelop) This is a violation of the secret ballot Too nonspecific for a response. (Anonymous comment on ballot envelop) You need to be flexible, we need the votes of Absentee balloting was beyond the resources of the those not present (Anonymous comment on ballot group responsible for administering the vote. This is envelop) a not-for-profit association with limited resources. Hopefully, the city will recognize that in order to support such neighborhood endeavors as these, access to the county voting orocess is necessary. How is a vote fair when approximately 2,500 + The Association attempted to engage the people were not aware of it? This is not reflective neighborhood residents throughout the process: of the entire Silver Beach Neighborhood -Signs announcing upcoming meetings were (Anonymous comment, Oct 11, 2007 meeting) displayed throughout the neighborhood. hritially, 15 signs were posted then increased to 25 later in the year. -Upcoming meetings were advertised in the newspaper and on the radio. -Emails were sent to everyone for whom SBNA had an email address in advance of meetings. -Broadcast mailings to the entire neighborhood were sent out in advance of the 2007 February, June and September meetings using the City's Silver Beach address list. -Finally, a web site was established that advertises impending meetings, posts significant developments and contains important documents relevant to the neighborhood including the plan as it developed. The vote represents the views of those who chose to oarticioate. Everyone should be able to vote. Some people Absentee balloting was beyond the resources of the are out of town and that's not fair to our group responsible for administering the vote. This is community. (Eddie L. Oct 11, 2007 meeting a not-for-profit association with limited resources. comment) Hopefully, the city will recognize that in order to support such neighborhood endeavors as these, access to the county voting process is necessary.

122 Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. II meeting) Many residents of Bellingham travel for Absentee and proxy balloting was beyond the employment, out of the area. Is there any way to resources of the group responsible for administering have a proxy system? My husband, for example, the vote. This is a not-for-profit association with is in CA for the week and due to that, there is no limited resources. Hopefully, the city will recognize way for him to get a vote or a voice. Please that in order to support such neighborhood endeavors consider. (Jolene McEachran Oct. 11, 2007 as these, access to the county voting process is meeting comment) necessary. I object to the fact that there were not absentee Absentee balloting was beyond the resources of the ballots counted tonight. This is outrageous. group responsible for administering the vote. This is (Anonymous comment, Oct 11, 2007 meeting) a not-for-profit association with limited resources. Hopefully, the city will recognize that in order to support such neighborhood endeavors as these, access to the county voting process is necessary. Both my neighbors are out of town on business Absentee balloting was beyond the resources of the tonight. Why wont' their votes count too? (Trish group responsible for administering the vote. This is Robinson Oct 11, 2007 meeting comment) a not-for-profit association with limited resources. Hopefully, the city will recognize that in order to support such neighborhood endeavors as these, access to the county voting process is necessary. Generally, too much subtly in all of these Agree that the ballot was a lot to absorb for someone statements to be understood in one 30-minute who recently engaged the process. The ballot was voting session. These ballots should have been made available online as soon as it was developed but available on line weeks ago for review at home. more time for review would have been valuable. (Anonymous comment on ballot) I request a re-vote this plan does not have broad- This plan as informed by the vote will go forward to based support. (Anonymous comment on ballot) the city which will determine the level of support it received. The plan update process can be undertaken once per year. Perhaps new leadership can develop a better process. Why is there no box at the top of the ballot [to Frankly, it never occurred to anyone involved in vote no on all of the plan] (Anonymous comment ballot development that any voter would not find at on ballot) least one item out of 128 that they could support. I already voted on these issues and I don't think Draft plan provisions were removed and some added you listened (Anonymous comment on ballot) after the open house based on comments received. How can I vote when we don't have a cost per The Plan offered ideas for the city to pursue to residence. (Anonymous comment on ballot) address, among other things, a declining Lake Whatcom. The cost would vary with each residence depending on the circumstance but costly remedies were projected to be borne bv the citv. Thanks for your hard work ballot comment Thanks! I am sorry this is long, I don't know the issues Agree that the ballot was a lot to absorb for someone with each item to be able to vote on these ballot who recently engaged the process. comment

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Comment Response Verbatim comments received from 10-1-07 through 11-1-07 (emails & Oct. 11 meeting) Ballot Countinv Process Comments You know the other thing that is curious to me is We couldn't count the ballots on the night of the vote the handling of the ballots. Why did you not because residency had to be verified. Further, the count the ballots last night? Since balloting was count itself took 16 volunteers 10 hours with two closed at the end of the meeting last night the independent observers. At 9:30 PM, the ballot boxes delay in counting only makes those of us already and lists were secured and locked in a car in a locked suspicious of your process even more concerned. garage. All unused ballots were punched to You should have all the votes in and the boxes invalidate them. should be sealed and dated. The boxes were not sealed. The list not Instructions on how to fill out a ballot were very clear protected. Where are the ballots today? Where is and checks to verify a proper ballot were being made. the list of attendees today? Were the remaining In no case was a ballot invalidated because it was not ballots destroyed? properly submitted. I noticed that your people manning the tables did not check to see that the outside of the envelopes were completed properly. It seems to me that if they were there to monitor the vote, that they would have advised anyone dropping a ballot in the box that they were missing information. Since your people were monitoring each ballot going in the box we should have some assurance that everything that went in a box was properly filled out. Is that the case, if not why not? Please understand that this is not personal. We want to be able to trust the process. We are already suspicions of the process and the procedure you have in place does not give us any comfort. To have complete transparency as you described the appearance of fairness must be maintained. (Ken Bell email comment following Oct.II, 2007 meetinfT! Where should I be and when to help with the Thanks for your help! count? I am so grateful for all the time so many of my smart, educated neighbors put into this effort. And ... you can tell them I said so. (Lynne Findley, email comment)

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