HomeMy WebLinkAboutCouncil September 24 20021
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Regular County Council
September 24, 2002
The meeting was called to order at 7:00 p.m. by Council Chair L. Ward
Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Dan McShane
Sharon Roy
ANNOUNCEMENTS
Nelson announced there was a discussion regarding the Whatcom
County ]ail (AB2002 -341) during the Committee of the Whole meeting.
OPEN SESSION
The following people spoke:
Candice Ambrosio, 1712 High Noon Road, Bellingham, thanked the Council
for its appeal of the actions regarding the Sumas Energy 2 (SE2) power plant. SE2
continues to be proposed for the wrong location. It is proposed in Sumas, which is
economically depressed. However, it lies just across the border from Abbottsford,
British Columbia. It is in a fragile airshed. It is proposed on a seismic fault. It
uses an inordinate amount of water. She recently attended a meeting in Canada.
The community leaders there continue to say that nothing has congealed the Fraser
Valley more than the fight against SE2. These people are Whatcom County's
neighbors. It is important to continue to oppose this project because it impacts
them greatly.
Leonard Lindstrom, Bellingham resident, stated politicians have a short
attention span, and teaching them religion is difficult. Ban together as men and
walk with each other. Bring your communication skills up to par.
Maggie Hanson, 206 Bayside Place, Bellingham, stated she is precinct
committee officer of 86. George Manchester is chair of the Republican Party. He is
the Republican precinct committee officer of 86. She is also a charter member of
the Rainbow Coalition, the political action chair of the Whatcom County Democrat
Whatcom County Council, 9/24/2002, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Women's Club, and a Whatcom County State Committee person for the Democratic
Party. She read her letters into the record (on file) about putting all names of all
candidates on all ballots, even the uncontested positions. Whatcom County should
not continue the practice of omitting uncontested precinct committee officers
names from the ballot. It is unfair and inconsistent because all other uncontested
candidate names appear on the ballot. This practice makes write -in voting
confusing and nearly impossible. This denies the absentee voters the right to select
a Democrat or Republican precinct committee officer. She asked that this voting
injustice be corrected in a timely manner. The ballots at the polling places have
this information, but the absentee ballots do not.
Brenner moved to request that the Auditor put every position on the
absentee ballot for the general election, even if it is uncontested.
Roy asked if they have heard from Auditor Shirley Forslof about this issue.
Nelson stated they have not.
Roy agreed that this needs to happen.
Crawford asked if this request has a financial implication.
Nelson stated it probably would.
Brenner stated it's probably not very much. This is really important.
Motion carried 6 -1 with Crawford opposed.
Crawford stated they should not be voting on something when they don't
have any information on the financial implications.
Nelson stated this is a request only.
Ally Cummings, York neighborhood resident, stated she is a mom and a
nurse. She and her husband decided two years ago to start a health survey, never
realizing it would be controversial or a problem.
There is a beach at the end of Cornwall Avenue that is extremely toxic. The
beach should be closed and fenced so no one is allowed inside. She has reports
that show how toxic the beach is.
She asked that the County review the Critical Areas Ordinance soon. She
has concerns about coal mines, erosion, risk areas, fault lines, and flood zones.
She didn't set up the Environmental Exposure Network and its survey as a
hobby or pastime. She set it up because she cares about the community. As a
nurse, people have told her things that they don't tell other people for many
Whatcom County Council, 9/24/2002, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
reasons. Recently, her health survey has received a lot of flak from the Every
Other Weekly. For over two and a half years they've created a huge list of
problems in the community. The Health Department doesn't have a statistician.
She's tried to educate people and advocate for their illnesses and a wide variety of
environmental issues. No one who does health research or advocates for his or her
community should be slighted, maligned, threatened, or told that what they are
doing is insignificant. She shouldn't have to wait months for return phone calls.
She's been a nurse for a long time. She's never lived anywhere where another
health professional would not take her call. She's moving to another part of the
state. She told the Council to never treat another mother, nurse, or family the way
the County and other government agencies have treated her. The Health
Department and State Department of Ecology have been less than respectful. The
City of Bellingham had her arrested. One of her children got sick here. She doesn't
want to be threatened by the County attorney because she was trying to advocate
for everyone's health.
Brenner asked if there was a threat by a County attorney.
Pete Kremen, County Executive, stated he does not know of any threat.
Adam Ward, Bellingham resident, thanked Ally Cummings for all of her hard
work for the community. The problems they face in Bellingham are invisible
because the majority of the problems are environmental. Things look great here.
However, they realize there is serious work to be done. Ms. Cummings has taught
a lot of people how to get testing done and be healthy. She is an uncommon
patriot that served the people and place of Whatcom County.
Also, there is a new theatre called the Idiom Theater at Allied Arts. It is
kicking off a new season. Glen Apollo Hergenhahn and other folks have returned to
create semi - professional theater in downtown Bellingham. He invited the people to
come to the season opener.
Pete Kremen, County Executive, stated every community needs to have
activism and men and women to pose tough questions on behalf of the people in
the community. Whatcom County has that here. There are many dedicated and
committed individuals who care about Bellingham and Whatcom County. One of
the factors that makes Whatcom County a great place is that it has a stellar Health
Department. The management of that department are at the top of their fields.
They may not be able to please everyone all the time, but they have delivered
excellent customer service and extreme care and concern for the health of
everyone in Whatcom County. He commended them for what they do for Whatcom
County.
He also commended a dedicated and hardworking member of the County
Council. This councilmember is the senior member of the Council who is serving
her third term. She has almost 12 years on the Council. He has been remiss in
awarding Councilmember Brenner a token of the County's appreciation and
Whatcom County Council, 9/24/2002, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
designating the fact that she has served for ten years loyally and with excellence.
He presented Councilmember Brenner with a pin and a mug in recognition of ten
years of service.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved approval of Consent Agenda items one through four.
Motion to approve Consent Agenda items one through four carried
unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT RENEWAL OF THE TEEN COURT GRANT THROUGH THE
GOVERNOR'S JUVENILE JUSTICE ADVISORY COMMITTEE, BETWEEN
WHATCOM COUNTY AND NORTHWEST YOUTH SERVICES IN THE
AMOUNT OF $76,640 OF WHICH WHATCOM COUNTY WILL RECEIVE
$6,960 IN INDIRECT COSTS (AB2002 -344)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND PIERCE
COUNTY TO PROVIDE PIERCE COUNTY THE OPPORTUNITY TO
PURCHASE A 250 GALLON CRACK SEALER UTILIZING OUR BID #01-
114 (AB2002 -345)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT AMENDMENT BETWEEN
WHATCOM COUNTY PUBLIC WORKS AND GOLDER ASSOCIATES FOR
PHASE 2 OF THE JOHNSON CREEK MANAGEMENT AND RESTORATION
PLAN, USING FLOOD CONTROL ZONE DISTRICT FUNDS, IN THE
AMOUNT OF $73,884 FOR A TOTAL CONTRACT AMOUNT OF $88,767
(AB2002 -346)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH KEY BANK AND UNION BANK OF CALIFORNIA, THE
FORMER IS THE CURRENT FINANCIAL INSTITUTION FOR BANKING
AND THE LATTER TO PROVIDE SAFEKEEPING SERVICES (AB2002-
347)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2002 BUDGET, 10T" REQUEST (AB2002-
334)
Whatcom County Council, 9/24/2002, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Crawford reported for the Finance and Administrative Services Committee
and stated the committee approved the amended request without the third floor
courthouse heating /ventilation /air conditioning (HVAC) repair item. He so moved.
The proposal is to use some of the bonded money from the Civic Center fund. To
do that, the Council would have to adopt an ordinance to use that money. That has
never been done before. The Finance Committee felt it is better to wait until it is
presented the ordinance, which will be introduced in two weeks and discussed in
four weeks. Do this simultaneously with that ordinance.
Brenner stated she has a problem with the Juvenile Court administrator
position and remodeling money for juvenile programs. They are going to discuss all
the County positions at budget time. She appreciates the money that has been
granted to the County for this work. However, it would be just as easy to contract
this out until the end of the year so they know what they are going to do. Once the
County hires a staff person with salary and benefits, it's more difficult and lowers
morale to get rid of a person than it is to not create a position in the first place.
She also doesn't support any remodeling of that area until they know that the
program is working. She's had complaints that the program is a glorified
babysitting job. She doesn't know about that herself, but they do need to look at
the program before they do this. They've put a lot into this so far, and have not
received a report on it. She would like to wait on hiring a staff position. They know
they've got budgetary constraints. They might want to do this differently than
creating a new position. She supports the rest of the budget request items.
Motion to adopt carried 5 -2 with Brenner and Caskey- Schreiber opposed.
2. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT FOR
HEARING EXAMINER SERVICES FOR OCTOBER 2002 THROUGH
SEPTEMBER 2003 (AB2002 -339)
Crawford reported for the Finance and Administrative Services Committee
and stated the committee approved the contract with a stipulation that the contract
be let in the same amount as last year. The Council received a request from the
contractor for a ten percent increase in salary. The committee recommends that
the Council not grant the salary increase at this time. The contract does not
include the salary increase.
Brenner stated she's noticed that they have had a lot fewer appeals. The
Hearing Examiner must be doing something right. She would like to acknowledge
that the Hearing Examiner has probably saved the County a lot of money in appeal
costs. She would like to figure that into the equation at some point.
Motion carried unanimously.
3. ORDINANCE ADOPTING THE WHATCOM COUNTY HEARING
EXAMINER'S RECOMMENDATION ON A SITE SPECIFIC REZONE OF A
36.2 ACRE PARCEL OF LAND INTO A SHORT TERM PLANNING AREA,
Whatcom County Council, 9/24/2002, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
AND THE PRELIMINARY LONG SUBDIVISION, " "BAY CREST LONG
PLAT ", FOR THE PROPOSED DEVELOPMENT OF 131 SINGLE - FAMILY
LOTS (AB2002 -335)
McShane reported for the Planning and Development Committee and moved
approval of the substitute ordinance.
Motion to adopt carried unanimously.
INTRODUCTION ITEMS
Fleetwood moved to accept the Introduction Items.
Motion carried unanimously.
1. ORDINANCE AMENDING THE UTILITY CHAPTER OF THE WHATCOM
COUNTY COMPREHENSIVE PLAN (AB2002 -084Q)
2. ORDINANCE AMENDING THE TRANSPORTATION CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084R)
3. ORDINANCE AMENDING THE ECONOMICS CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084S)
4. ORDINANCE AMENDING THE RESOURCE LANDS CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084T)
S. ORDINANCE AMENDING THE RECREATION AND DESIGN CHAPTERS
OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2002 -084U)
6. ORDINANCE AMENDING THE SIX -YEAR CAPITAL IMPROVEMENT
PROGRAM, CAPITAL FACILITIES CHAPTER AND TRANSPORTATION
CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
(AB2002 -084V)
7. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RR2, R2A AND RSA TO R2A, R4A, RF AND CF WITHIN
PORTIONS OF THE LAKE SAMISH WATERSHED AND AMENDING THE
WHATCOM COUNTY COMPREHENSIVE PLAN MAP DESIGNATION FROM
SUBURBAN ENCLAVE TO RURAL FOR AREAS WITHIN THE LAKE
SAMISH WATERSHED (AB2002 -084F)
8. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENT
TO ADD 12 ACRES TO THE FERNDALE URBAN GROWTH AREA
(OLSON /NELLE SITE) (AB2002 -084D)
Whatcom County Council, 9/24/2002, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
9. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENT
TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
MINAKER ROAD SOUTH OF SUMAS (BENNER SITE) (AB2002 -084L)
10. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENT
TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
TELEGRAPH AND MINAKER ROADS, SOUTH OF SUMAS (KILLAM SITE)
(AB2002 -084M)
11. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING
AMENDMENT TO EXPAND A MINERAL RESOURCE LAND DESIGNATION
ALONG H STREET ROAD EAST OF BLAINE (JORDAN SITE) (AB2002-
084N)
OTHER BUSINESS
Brenner stated she has received a petition to form a special recreation
service area for Point Roberts. In order to begin the process, they need to get the
"investigatory" task assigned to the Public Works Committee.
Nelson moved to assign receipt of a petition to form a special
recreation service area for Point Roberts to the Public Works Committee.
Motion carried unanimously.
DISCUSSION REGARDING WHATCOM LAND TRUST'S PARTICIPATION
IN THE WHATCOM COUNTY AGRICULTURAL PURCHASE OF
DEVELOPMENT RIGHTS PROGRAM (AB2002 -343)
Roy reported for the Natural Resources Committee and stated the committee
recommends for approval the contract with the Whatcom Land Trust and the
conservation easement.
Nelson stated that will come forward in two weeks.
(Discussion continued below.)
McShane reported for the Planning and Development Committee and stated
the committee discussed and approved one of the Comprehensive Plan
amendments. If the Council decides to amend the item, it will have to have a
public hearing. None of the committee members had any significant changes.
Brenner asked to have a public hearing on the item during the next Council
meeting, anyway. The Utility Chapter is very important.
Whatcom County Council, 9/24/2002, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Nelson stated people always have an opportunity to speak during the Open
Session.
Brenner stated its more likely people would speak if it is scheduled on the
agenda.
McShane stated he generally would agree. However the downside is that
there would not be an opportunity for the public to see any amendments that are
made after the public hearing. If someone can convince the councilmembers to
make an amendment during Open Session, then the Council could make the
changes and then have a public hearing for everyone to review.
Brenner stated another option would be to have a public hearing, and then
hold it over. Comprehensive Plan amendments are very far - reaching. She liked
giving people the option of speaking. It causes problems when the public thinks
the Council is rushing things through. She moved to have a public hearing on the
amendments to the Utilities Chapter of the Comprehensive Plan.
Motion failed 1 -6 with Brenner in favor.
DISCUSSION REGARDING WHATCOM LAND TRUST'S PARTICIPATION
IN THE WHATCOM COUNTY AGRICULTURAL PURCHASE OF
DEVELOPMENT RIGHTS PROGRAM (AB2002 -343)
(Discussion continued from above.)
Roy stated she was told that this is to be addressed at this meeting. The
Land Trust was to provide amended language to the conservation easement,
section 13, subsection C.
Nelson stated he has the amended language from the Land Trust.
Brenner stated a fee is a fee for service. It is not supposed to be a
percentage. Appraisers will tell them anything they want these days. She doesn't
want to inspire people to request a higher price. The fee should be a flat fee for
service. That's what a fee is. It doesn't generally take any more work because the
property is worth more. The fee should be based on how difficult the work is.
Roy stated she asked that question in committee. The committee
unanimously moved this forward because it was satisfied with the answer. The
answer from the Land Trust was that the fee increases only to a certain point,
where it drops back down again. In addition, about 75 percent of the money goes
into the fund to manage, monitor, and enforce the property. According to the Land
Trust, the chance for serious lawsuits and liabilities increases as the value of the
property increases. This fee goes into a fund to use for those kinds of situations
that come up.
Whatcom County Council, 9/24/2002, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Crawford stated the changing fee makes it in the negotiators best interest to
negotiate the highest prices possible.
McShane stated the Land Trust doesn't negotiate the price. The Land Trust
assesses whether the development rights on a property are something the County
should purchase. The Land Trust would send it to a neutral assessor, who would
assess the value of the property. They would agree ahead of time on settling at the
assessed value. They could quibble over whether the assessor is neutral.
Rand Jack was very open about the Land Trust's determination of what these
fees would be. This is a one -year contract. Mr. Jack said he isn't really sure what
the fees should be. Mr. Jack said that there would also be a need to document
what is on the property soon after the easement is purchased. The documentation
would be used to monitor whether or not the easement is being enforced.
Someone would have to write a lengthy report, take photographs, and put a
document together. The cost is reasonable for that. It's just for one year. After
one year, the Land Trust could decide the fee doesn't have to be that high.
Brenner stated the issue is not whether the percentage is too high or too low.
The issue is the fact that it is a percentage. It shouldn't be a percentage. The
County didn't do this on the Olsen property, which appraised at $500,000. The
County paid $819,000 because the Land Trust came up with an appraiser who
would appraise at that amount.
Nelson stated that was not an appraisal. That was an offer.
Brenner stated that is correct, but the County didn't get an appraisal.
McShane stated the County did get an appraisal on the Olsen property.
Brenner stated she never saw an appraisal. She disagreed that the worth of
the property has anything to do with the liability of the property. They've discussed
fees for services before. If they think the $3,000 doesn't cover the potential
problems, then just say that.
Crawford asked if they are going to revisit this in a year.
Roy stated they will.
McShane stated the Land Trust has never done this before, and couldn't find
anyone else who has done this before. He appreciated Mr. Jack's openness about
how this is difficult to figure out.
Crawford asked if the role of the Land Trust would be to come to an
agreeable price, if the price will be based on an appraisal after the Land Trust
initiates the transaction. It seems that the Land Trust would be involved in the
Whatcom County Council, 9/24/2002, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
appraisal. It seems that the Land Trust will have its hand in it through the
transaction.
Dave Grant, Senior Civil Deputy Prosecutor, stated there is a renewal option
included on the contract. He doesn't know if it is an automatic renewal.
Roy stated the contract says the Land Trust will negotiate the price.
Grant stated that if the Council wants to make sure that the contract runs for
only one year, it should strike the renewal clause.
Caskey- Schreiber stated Rand Jack said that he expects the biggest cost for
monitoring and enforcement to come from legal actions that might occur. Mr. Jack
said that the possibility for legal action increases as the easement value increases.
Once the stakes become very high, there is increasing pressure on the value of the
property to develop.
Brenner stated the liability increases with the size of the property. Smaller
properties can go for a lot of money, and larger properties can go for less money.
It doesn't have to do with the value. If someone is going to cry liability, the County
has deep pockets. It doesn't matter what the value of the property is when it
comes to the County's liability. The County's liability is on what happens to
someone on any County property.
McShane stated the ultimate decision on whether the County would do the
purchase would come to the County Council. If the County thinks the appraisal is
too high, it can reject the purchase.
The liability issue is not about liability, per se. If a property has a lot of value
and pressure for development purposes, the risk increases in terms of someone
being willing to expend a lot of money to get out of the easement agreement. The
risk will be greater for a high value parcel whether the parcel is small or large.
That's one of the risks that the Land Trust has had to weigh. The cost of someone
challenging and taking the easement to court will be greater for highly valued
properties.
Fleetwood stated Rand Jack would acknowledge that there is an enormous
amount of speculation about what kind of situation might result in liability. This is a
one -time payment, and it's not that much money. He questioned how the Land
Trust is going to have enough money to do long -term monitoring. The Council can
look at this again in a year. It's not likely that there will be that many cases
between now and a year from now. He would support this motion.
Caskey- Schreiber stated this is a one -year trial. If there is a serious flaw
with the formula, they can bring it up in a year. Rand Jack said that he struggled
with this a great deal. He put a lot of effort into coming up with something that is
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DISCLAIMER: This document contains the Whatcom County Council or Committee
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are not the final approved minutes.
reasonable, fair, and would still guarantee the Land Trust's ability to monitor and
enforce the easement in the long term.
Brenner stated a fee is for service. A tax is a percentage. This is supposed
to be a fee, not a tax. She has a real problem calling a tax a fee. The Council will
set a precedent by doing this. She is not willing to do that. A fee for service should
be connected to what they do, not something abstract. This issue came up with the
flood fee, which is actually a tax.
Nelson stated he is not as concerned about the fee issue. He doesn't know if
this percentage is the right percentage, but the real estate business operates on
percentages of a sale. Land attorneys may also charge a percentage of the land
value.
Grant stated that upon review of the contract, he realizes that the extension
provision is not included. Therefore, the contract does not have an extension
beyond the one term.
Nelson stated Exhibit A to the contract with the Land Trust is the scope of
work. Exhibit B is the conservation easement. He asked if the motion included the
exhibits.
Roy stated the committee's approval and motion includes both exhibits.
Brenner asked if Mr. Grant has any concern with the implications of calling
this a fee rather than a tax. Grant stated he does not have any concerns.
Brenner asked if a fee is supposed to reflect an actual cost of service. Grant
stated it is.
Brenner stated this fee does not reflect an actual cost of service. It just
reflects the price of the land. Grant stated some thought has gone into selecting
these numbers, which represents a legitimate prospect of how much work would be
involved in doing this. He doesn't have the information on the fees. Just because a
fee is a percentage doesn't in itself mean that it is improper. When they assess
fees, there is supposed to be a rational relationship with the amount of effort
involved in doing the work.
Nelson moved to amend Exhibit B, the conservation easement, section 13,
subsection C, '...only to an agency or organization that is approved by Whatcom
County and is authorized to hold conservation easements...." The concern in
committee was about the fact that they have the potential of transferring the work
of the Land Trust to another agency. The public has the right to know to whom the
easement would be transferred to.
Motion carried unanimously.
Whatcom County Council, 9/24/2002, Page 11
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Nelson moved to amend Exhibit B, the conservation easement, section 1,
subsection C, "While "Grantees" include both the Whatcom Land Trust and
Whatcom County or its assigns, use of the term...."
Motion carried unanimously.
Nelson stated he has a concern with the idea that the County is restricting
the use of these properties into perpetuity, without allowing the County to change
the easement, even if it became an issue of necessity for decision - makers. It
would have to go to court to get the process changed.
Brenner stated that, no matter who the assigned agency is, the County is a
public body. It has an obligation to do its work openly. She doesn't want to see
the Land Trust's books on everything, but anything related to what they are doing
should be completely open. It hasn't been a problem yet, but it wouldn't be difficult
for an agency to go to a seller and strike a deal for a higher sale price if the seller
provides a kickback to the agency. Any agency doing business with the County
should have an open book. That is a concern that should be included in any County
contract. She moved to insert language that says any agency doing business with
the County shall have completely open books on related pieces of property to which
the County and that agency are involved.
Nelson asked if all County transactions would be subject to auditing. Grant
stated typically there is a provision in the contract in that regard. They have to
comply with the governmental requirements for accounting and auditing provisions.
Brenner stated she is not talking about the money that the County is putting
into this. She's talking about any other monies or value. If the County has a
financial interest in any property, anything related to that property needs to be
open financially. Grant stated it is not typical or required for the County to look at
what else is going on with regard to the land, unless the County reserves the right
with the easement. This contract includes a County right to review and monitor the
financial and service components of the contract in whatever ways are deemed
expedient by the County's designated administrative officer, without notice.
McShane stated the Whatcom Land Trust will begin participation in the PDR
program after the PDR Oversight Committee has selected eligible applicants to the
program. The Land Trust is not going out and looking for applicants. The PDR
Oversight Committee will look for applications. Once the PDR Oversight Committee
has selected some sites, then the Land Trust will negotiate and do the paperwork
required to create the easement. The Land Trust is not out there looking for
people.
Brenner amended her amendment to require that any property the County
purchases must disclose any gifts or money from the seller to the nonprofit, except
for the monies to the County. If there is going to be any financial involvement with
the seller and nonprofit, she wants to know.
Whatcom County Council, 9/24/2002, Page 12
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Nelson stated that the motion is to require full disclosure between the
grantor and grantee including any gifting of money, including any gifting of money
or financial interest.
Fleetwood asked if this motion is for any new contract, it is sweeping new
policy and the Council should analyze it more. It is in a different context. He would
not support doing that tonight. If the motion is for new language that will impose
an additional burden on the Land Trust, or if the Land Trust has some reason then
it deserves to be part of this conversation. This is a negotiated contract. No one
from the Land Trust is here tonight.
Brenner asked if the Council has the prerogative to put a clause like that in
the contract in one year. Grant stated they could put a burden on the contractor to
do that. He would not like to see that happen as a general course of business.
There is a clause in this contract pertaining to a conflict of interest. Arguably, that
would address Councilmember Brenner's concern. The concern is about a situation
where a landowner would bribe the contractor. At that point in time, it might
create a conflict of interest that the contractor would have with the County. Under
clause 36.2, the County could pursue that problem. This provision puts the burden
on the contractor to give the County notice.
Brenner withdrew her motion. She would make the changes in a year.
Nelson stated the motion is to approve the contract scope of work with the
Land Trust and the conservation easement as amended.
Motion carried 6 -1 with Nelson opposed.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports.
ADJOURN
The meeting adjourned at 8:15 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on October 8—, 2002.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Whatcom County Council, 9/24/2002, Page 13
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Chair
Whatcom County Council, 9/24/2002, Page 14