County may downsize plans for Lake Whatcom land transfer

Whatcom County Executive Pete Kremen said he's still pursuing a plan to acquire 8,700 acres in Lake Whatcom watershed for a county park.

But after a fourth member of the County Council declared her opposition to the plan - making a majority against it - he said he'd be willing to consider seeking 3,700 to 7,000 acres.

"I'm saying that we're pursing different options," he said. "I really do think that there's the potential for a proposal that could be supported by a majority of the council, if not a supermajority of the council."

His comments came after council member Kathy Kershner signed a letter, dated Monday, Oct. 24, stating she opposes the transfer of 8,700 acres.

Kremen proposes transferring land from state Department of Natural Resources control to the county for use as parkland. It would more than double the total land owned by the county parks department, which currently oversees more than 6,500 acres.

Currently, the state logs the watershed land, which is on both sides of the lake. The logging generates revenue for various trusts, including local school districts and the county library district.

Council members Sam Crawford, Ken Mann and Carl Weimer support the transfer. Council members Barbara Brenner, Kershner, Bill Knutzen and Tony Larson oppose it.

Until Monday's letter, Kershner was seen as the swing vote. A year ago she voted to reimburse the state for costs it incurred working on the proposal, but wasn't sure she supported the transfer, she said.

"While we don't speak for the entire Council, we are not supportive of the proposal in its current form," states the letter, which was also signed by Larson.

STATE BOARD

Legally, the county can only request the transfer of one type of trust land, but the parcels in the watershed are scattered. In 2008, the county and state signed a deal that said the state would consider repositioning the trust land designations to create large blocks of transferrable land. Then, according to the deal, the county could request the transfer.

On Oct. 10, the state Board of Natural Resources unanimously voted to table the repositioning proposal. The board asked Whatcom County to request the land transfer, said Bryan Flint, DNR spokesman. The board questioned whether it makes sense to reposition lands if the county doesn't want the transfer, he said.

The board also asked the county to explain how it would mitigate the lost timber revenue to junior taxing districts, including Mount Baker School District, Bellingham School District and the county library system.

Through its deal with the state, Whatcom County spent $212,928 getting the land swap ready, said Michael McFarlane, county parks director.

In a follow-up letter to the county on Friday, Oct. 21, state Commissioner of Public Lands Peter Goldmark said the board wants to postpone consideration of the repositioning until after the council formally requests the lands transfer. The request must be signed by a majority of the council, he wrote.

It should also affirm that the current habitat conservation plan would remain in place, and should explain the financial impacts of the transfer to the junior taxing districts and "how those impacts will be mitigated by the County," the letter stated.

COUNTY RESPONSE

Kremen said the administration is exploring different options:

- The first option would ask the state board for clarity on its request. The county has a number of questions on the habitat conservation plan, McFarlane said, including how it impacts parks uses and who would manage the plan - the state or county.

The county has already given the DNR information on the financial impacts to taxing districts.

"That's a little confusing in itself," McFarlane said.

On Friday, Oct. 28, Kremen and Crawford wrote a letter to Goldmark asking for clarification.

- The second option is to simply seek the transfer of some of the transferrable lands in their current configurations, rather than blocking them together first. Those options range from 3,700 acres to 7,000 acres, Kremen said, but not the full 8,700 acres.

McFarlane said that's just a matter of figuring out which lands to request, based on which would create the best trail connections. Any transfer request would have to be approved by the council.

Crawford said the council likely would not take quick action, as no regular meetings are scheduled before the Nov. 8 election. Three council members are up for re-election.

"Right now the uncertainty about the makeup of the next County Council - until after the election - likely means no firm response on this for the time being," Crawford said.

ELECTION IMPACT

If council candidates Kremen or Alan Black unseat the incumbent opponents, Larson and Brenner, a majority of the council would then support the 8,700-acre transfer. Crawford is being challenged for his seat by Christina Maginnis, who also supports the transfer.

The Nov. 8 election also will decide a new executive. State Sen. Doug Ericksen, a candidate for county executive, opposes the transfer. Former Lynden Mayor Jack Louws, his opponent, said now isn't the right time for the transfer, which he said would add to county expenses.

"I know he's made some public statements," Kremen said of Louws, "but, personally, he's willing to look at it with an open mind."

Kremen said he'd like to do a transfer before he leaves office at the end of the year, but it's not imperative.

"If we're able to come up with an option that's supported by a majority of the council, that's the key," he said.

TRANSFER BACKER

Mitch Friedman, executive director of the environmental group Conservation Northwest, said he thought election-year politics were affecting deliberations on the transfer.

"My hope is that after the election, cooler heads will prevail," he said.

He said the state board has no legal authority to require the county to mitigate financial impacts to the taxing districts. Asking the county to request the transfer before the "blocking up" of land is asking the county to break its 2008 agreement with the state, he said.

"I think what the board did was out of line," Friedman said.

OPPONENT'S VIEW

Dick Whitmore, a longtime forester who is now retired, said the state board was right to apply the brakes. There are too many unanswered questions, and alternatives for managing the land must be explored, he said.

"It is a big precedent that they're setting, taking away almost 9,000 acres of land and putting it into a park," said Whitmore, who testified to the board.

He said Kremen and environmentalists want to avoid important questions and slip the transfer through, but the board is making them answer for it now. They must listen to what scientists say about timber management's impacts on the lake, he said.

Kremen has "turned his nose up" to junior taxing districts, Whitmore said.