VMICC Land Use & Natural Resources Committee Meeting
January 17, 2001 at McMurray School Library

Attendees: Allison Arthur, Donna Klemka, Brian Vance, Vic Bottomly, Sharon 
and Dick Danielson, Shelley and Gary Headley, Lorin Reinelt, Michelle 
McFadden (King County), Enid Dolstad, Joel Kuperberg, Liza Loofbourrow, Penni 
Simonds, Beth Kellner, Mary O'Brien, Gina Olsen, Niki McBride, Elaine 
Anderson, Lori Anderson, Barbara Wood, Lori Means, Richard Friend, Carole 
Dutcher, Kristine Wolf, Pat Ritzhaupt, Marie Bradley, Paula Reed, Janet 
Quimby, Nancy J. Wheeler, Jim English, May and John Gerstle.

Discussion with Michele McFadden on equestrian trails

Michele gave a brief review of the equestrian trails provisions in the new KC 
Comprehensive Plan and proposed Trail Corridors Ordinance. Originally the 
Equestrian Trails Ordinance was separate from the Comp. Plan but was then was 
folded into the Comp Plan. King County staffer Tom Fitzpatrick met with reps 
of King County Horse Council over a couple of years and discussed topics such 
as moving trails into county road right-of-ways. The equestrian community 
opposes moving trails and wants to preserve existing trails. Two of the 
major concerns are safety issues and ensuring access to historical trails. 
Michele said that it was not KC's intent to have every trail widened. 
Michele offered to send the recent amendments to the draft ordinance to those 
who provided email addresses and said that she would pass on our concerns to 
KC council members. 
Vic Bottomly asked how does KC define historically used trail. Michele said 
that there is no agreed upon definition of historic use as yet (e.g. over 15 
years); but their emphasis is on keeping and maintaining trails and linkages 
to trails where they are. KC is doing more work to define what is an 
existing trail and is trying to allow space for trail links. Vic asked for 
clarification between dedication and preservation of trails. [Section 38 
"The Department shall require a dedication or other form of protection for 
the preservation or relocation of a ruraltrail"] Michele said that KC is 
looking for trails and will see if prescriptive use is warranted and that KC 
does not see this as a takings issue, but acknowledged that KC is "walking a 
tightrope" on the access issue. She said that compensation to land owners 
via the Public Benefit Rating System (PBRS) tax credits would be available.
Marie Bradley commented that the Vashon riders have been sending trail 
locations to KC.
John Gerstle commented that two contentious issues are the requirement to 
maintain trails to Forest Service standards and liability. Michele said she 
needs to talk to the County Prosecutor about liability and whether RCW 
4.24.210 [which provides protection for landowners who allow public riding of 
horses for purposes of outdoor recreation] would protect the property owner. 
Vic said that he did ask the Prosecutor about that and that once a trail is 
open to public there is a liability issue.
Brian Vance asked what is the trigger for prescriptive use. Michelle 
answered that new development, like sub-divisions. She said she would try to 
get more clarification. She asked if the community council and VPD could be 
involved. It was noted that all of Vashon is a rural community and is shown 
as an equestrian community.
Vic asked for clarification on the term "development"---could it be a pond, 
for example? 
Michele said that we need to protect trails that are on county right-of-ways.
Several people said that we are trying to protect the rurality of the island,
John asked if someone wishes to have a walking path, does it have to become a 
horse trail. 
Michelle said the owner can limit it to historic use-but she will look into 
this. The County wants to protect non-motorized usages.
Gina Olsen commented that people can now ride between parks and that we need 
to keep these linkages, and that they are an asset to the property.
Shelley Headley said that the ordinance won't take away property rights and 
that liability issues need to be clarified.
John said that landowners want to be assured they will be held harmless. 
Jim English-asked how can the County reinterpret a RCW? Michelle said that 
she didn't think the County was reinterpreting. Jim said that if "shall" is 
used in the ordinance language, the County is reinterpreting. [Section 39 
"Corridors for trails shall be ten feet wide,shall be maintained in a safe 
conditionshall be in accordance with standards in the U.S. Forest 
Serviceshall be open to the publicshall be the responsibility of the owner]
Jim said that the Forest Service Standard-is objectionable and that we [Misty 
Isles Farm] will shut the trails down if this ordinance doesn't change as it 
is today.
Joel Kuperberg raised a concern about the environmental impact of horse 
trails on steep slopes. Shelley said that they have inventoried current use 
for KC and that she doesn't foresee new horse trails on this island. Sharon 
Danielson said that there won't be new trails on steep slopes. Michele 
agreed that environmental laws need to be heeded.
Pat Ritzhaupt said that riding has been on historic trails and she has 
observed that trails haven't changed or deteriorated. The users maintain the 
trails. Other people said that landowners have been encouraged by their 
lawyers to put out signs saying "No trespassing, ride at your own risk".
Michele summarized by saying what she heard was that the biggest issues are 
what the ordinance says about maintenance, liability, which standards apply, 
defining development, and who has to maintain Forest Service standards. 
There was broad agreement voiced that the equestrian community doesn't want 
or need the Forest Service [10 ft wide] standard.
Michele said that the County wants to take action soon. People can email her 
at Michele.McFadden@metrockc.gov. Her deadline is next Wed.(Jan 24) for 
amendments. On Jan. 29 the Committee of the Whole will meet, then on Feb 5 
the King County Council will vote on this issue.

Arsenic Lead Remediation Committee (ALRC) discussion by Jim English

Jake wanted the ALRC to be a conduit for the community to KC Public Health 
and Washington Dept. of Ecology (DoE). Jim distributed a copy of their 
mission statement. The ALRC created a non-profit organization to apply for a 
a public participation grant from DoE. There are 5 people on the committee. 
The Cancer study should be released next week. In April, child area sampling 
results will be released. Caren Adams is putting together a public 
participation plan. DoE has no idea how they'll do the clean up on 24,000 
acres of land. Jim is not sure what Land Use Committee involvement will be 
but expects that there will be some. Possibly, if there are some "hot spots" 
 DoE will remediate those. Legal issues reign. Jim said that the Land Use 
Committee should be a stakeholder. 

Short Reports

Lorin said that Rural Drainage Program is on track; but they have yet to hire 
the steward. KC is moving forward on establishing the Groundwater Management 
Advisory Committee. 

Adjourned at 9:05 pm

Next Meeting February 21, 2001