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Water Resources Advisory Board

BEL-WRA-2025-09-23 September 23, 2025 City Council Regular Meeting City of Bellingham 33 min
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The Water Resources Advisory Board convened for a primarily informational meeting focused on governance training, regulatory updates, and policy development for Lake Whatcom watershed protection. The session began with required annual training on the Open Public Meetings Act and public records management, emphasizing transparency requirements and potential individual liability for violations. The board received updates on the delayed Water System Plan, which remains pending state agency review beyond the original September deadline. The meeting's centerpiece was an extensive discussion of proposed revisions to the Lake Whatcom Land Acquisition and Preservation Program management guidelines, intended to replace Resolution 2005-09 with more concise, operationally-focused policies for the city's $50+ million, 3,600-acre land protection program. Board members provided detailed feedback on balancing water quality protection with recreational access, enforcement challenges, and coordination with other agencies. The session concluded with unanimous approval of a revised resolution supporting the Lake Whatcom Freshwater Mussel Rapid Response Plan after the Washington Department of Fish and Wildlife withdrew from a proposed intergovernmental agreement while maintaining support for the plan itself.

**Aquatic Invasive Species Rapid Response Plan Resolution:** Passed unanimously (9-0). The board supported City Council adoption of the Lake Whatcom Freshwater Mussel Rapid Response Plan in coordination with Whatcom County and Lake Whatcom Water and Sewer District, with Washington Department of Fish and Wildlife providing support rather than formal MOU participation due to state regulatory…

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**Lake Whatcom Land Management Guidelines Revision:** The discussion centered on updating 20-year-old management guidelines for the city's watershed protection properties. Staff explained that since 2005, the program has grown from 700 acres to 3,600 acres with a dedicated management team, making clearer operational guidelines necessary. Board members raised several substantive concerns: Enforcement authority was questioned, with members noting the original 2005-09 document included jurisdictional framework that was omitted from the draft. Staff acknowledged the city lacks enforcement authority on watershed properties outside city limits, relying on Whatcom County Sheriff for violations. Coordination with adjacent agencies emerged as a key theme. Board members suggested stronger language encouraging coordination with the Washington Department of Natural Resources on timber sales adjacent to city properties and with Whatcom County on stormwater management for neighboring parcels. Staff noted such coordination occurs but isn't explicitly referenced in property management guidelines. Climate resilience provisions generated di…
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**Board Member Perspectives:** John Peppel, the only carryover member from the original Watershed Advisory Board, emphasized the importance of maintaining the "sense of urgency and fiscal responsibility" from the 2005-09 document. He advocated for language encouraging proactive approaches to resolving policy conflicts rather than defaulting to existing regulations. Carl Benson focused on legal clarity and continuity, recommending explicit language ensuring the foundational principles of 2005-09 remain valid despite the resolution's repeal. As a retired attorney, he expressed concern about potential future misinterpretation of the city's intent. Rick Eggerth raised multiple technical questions about enforcement mechanisms, coordination protocols, and specific use standards. He questioned whether United States Forest Service trail…
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**Sarah Chaplin, on Open Public Meetings Act compliance:** "The City of Bellingham has made a decision that we don't want to be a test case for whether, you know, the Water Resources Advisory Board or some other board or commission is subject to the Open Public Meetings Act. We think it is good government for all of our advisory boards to follow the Open Public Meetings Act, because we want all of our boards and commissions to be transparent." **Michael Parelskin, on management guidelines evol…
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**Water System Plan:** Expected to receive final state agency comments soon, with staff hoping to bring the plan to the board for review and recommendation at the October 28 or November meeting. City Council adoption likely pushed to December 2025. **Lake Whatcom Management Guidelines:** Staff will incorporate board feedback and provide a revised resolution for the next meeting, including track changes summary. Expects to seek for…

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The meeting established clear direction for updating 20-year-old watershed property management guidelines with more specific operational guidance while maintaining core water quality protection principles. Board feedback will strengthen coordination language with adjacent agencies and clarify enforcement limitations. The Water System Plan approval process was further d…
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# Training and Critical Planning for Lake Whatcom's Future The Water Resources Advisory Board convened on September 23, 2025, for a meeting that balanced mandatory compliance training with substantive policy discussions affecting the city's most vital resource: Lake Whatcom. Meeting at Pacific Street Operations with remote participation options, the board tackled annual transparency requirements while wrestling with complex questions about land management guidelines that will shape how the city protects its drinking water source for years to come. The evening brought together all nine board members — Bret Beaupain, Carl Benson, Rick Eggerth, Martin Kjelstad, Fiona McNair, Kirsten McDade, John Peppel, Alicia Toney, and Francesca White — along with city staff including Deputy Director Mike Olinger, Superintendent Michael Parelskin, and Senior Assistant City Attorney Sarah Chaplin. ## Open Government Training: The Foundation of Transparency Sarah Chaplin opened the meeting with the annual Open Public Meetings Act and Public Records Act training, a requirement under state law that serves as both legal obligation and civic principle. Speaking briskly through slides that normally take an hour, Chaplin compressed two laws into thirty minutes while emphasizing the fundamental purpose behind Washington's sunshine laws. "The principle is that all of our meetings are going to be open except in very limited circumstances," Chaplin explained, noting the historical context of the 1970s legislation born from the Watergate era. "We don't get to be the ones to decide what the people have a right to know. It's the people that have the right to know." The training covered cruc…
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### Meeting Overview The Water Resources Advisory Board met on September 23, 2025, to receive mandatory Open Public Meetings Act training, updates on the Water System Plan, and to discuss new land management guidelines for the Lake Whatcom watershed properties. The board also approved a revised resolution supporting the Lake Whatcom Freshwater Mussel Rapid Response Plan. ### Key Terms and Concepts **Lake Whatcom Land Acquisition and Preservation Program (LWLAPP):** City program that has spent over $50 million to purchase and protect over 3,600 acres of land in the Lake Whatcom watershed to protect drinking water quality. **Total Maximum Daily Load (TMDL):** Federal water quality standard established in 2016 for Lake Whatcom to address low dissolved oxygen levels caused by excess phosphorus from development. **Open Public Meetings Act (OPMA):** Washington state law requiring government meetings to be open to the public, with limited exceptions for executive sessions. **Serial Meeting:** An OPMA violation that occurs when board members discuss official business via email or other means outside of public meetings, potentially reaching decisions without public oversight. **Public Records Act:** Washington law giving the public broad rights to access government records, including emails and text messages related to city business, even on personal devices. **Forest Succession:** Natural process of forest development that the city accelerates on its watershed properties to improve water quality protection. **Phosphorus Loading:** Primary water quality concern in Lake Whatcom, where excess phosphorus from development leads to low dissolved oxygen levels. **Climate Resilience:** Management approach to prepare watershed properties for future climate impacts, including wildfire risk and changing forest conditions. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Rush Duncan | WRAB Chair | | Sarah Chaplin | Senior Assistant City Attorney / Public Records Officer | | Mike Olinger | Deputy Director of Public Wo…
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Environmental Land Use & Planning Government Operations Department Ecology Department Health International Mountain Bike Association Lake Whatcom Water Sewer District United States Forest Service Washington Department Fish Wildlife Washington Department Natural Resources Whatcom County Carl Benson John Peppel Kirsten Mcdade Michael Parelskin Michael Wilson Mike Olinger Nelson Lee Rick Eggerth Sarah Chaplin Budget Finance Climate Action Forest Management Governance Administration Invasive Species Lake Whatcom Watershed Land Use Policy Parks Recreation Public Records Act Public Safety Water Resources