HomeMy WebLinkAboutres2024-010Whatcom County
Agenda Bill Report
File Number: AB2024-140
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID: AB2024-140 Version: 1 Status: Approved
File Created: 02/09/2024 Entered by: LTemplet@co.whatcom.wa.us
Department: Planning and File Type: Resolution
Development Services
Department
Assigned to: Council Climate Action and Natural Resources Committee Final Action: 02/20/2024
Agenda Date: 02/20/2024 Enactment m RES 2024-010
Related Files:
Primary Contact Email: (templet@co.whatcomcounty.wa.us
TITLE FOR AGENDA ITEM:
Resolution authorizing Whatcom County Conservation Easement Program Administrator and Whatcom
County Exeutive to proceed with the acquisition of a conservation easement on the Jacoby application
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
CEP Program update, please see attached staff memo for full summary
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
02/20/2024 Council Climate Action and Natural RECOMMENDED FOR
Resources Committee APPROVAL
Aye: 3 Donovan, Galloway, and Stremler
Nay: 0
02/20/2024 Council APPROVED
Aye: 6 Buchanan, Byrd, Donovan, Galloway, Scanlon, and Stremler
Nay: 0
Abstain: 1 Elenbaas
Whatcom County Page 1 Printed on 212112024
Agenda Bill Report Continued (A62024-140)
Attachments: Staff Memo, Proposed Resolution, Presentation for 2.20.2024
Whatcom County Page 2 Printed on 2/21/2024
SPONSORED BY:
PROPOSED BY: Planning
INTRODUCTION DATE:
RESOLUTION # 2024-010
AUTHORIZING WHATCOM COUNTY CONSERVATION EASEMENT PROGRAM
ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH
THE ACQUISITION OF A CONSERVATION EASEMENT ON THE JACOBY
APPLICATION
WHEREAS, Whatcom County government recognizes agriculture and forestry as major
contributors to the local economy and a high quality of life for Whatcom County citizens; and
WHEREAS, The Growth Management Act and the County Comprehensive Plan support the
retention of agricultural and forestry lands of long term commercial significance and encourage
the use of innovative techniques to do so; and
WHEREAS, Ordinance #92-002 enacted a property tax levy known as the Conservation Futures
Tax as authorized by RCW 84.34.230 to provide a funding source to assist in acquiring "open
space land, farm and agricultural land, and timber land, and a significant Conservation Futures
fund balance is available for additional farm land protection efforts"; and
WHEREAS, Ordinance #2002-054 adopted Whatcom County Code Title 3.25A that authorized
the creation of a Purchase of Development Rights (PDR) program that offers voluntary farm
agreements that include the purchase of agricultural conservation easements on farmable land
within Whatcom County; and
WHEREAS, Ordinance #2002-054 and WCC 3.25A established a Purchase of Development
Rights Oversight Committee to provide review and assistance to the PDR Program Administrator;
and
WHEREAS, The Whatcom County Council adopted the PDR Guidelines Document through
Resolution #2002-040 which includes specific direction for program administration and
conservation easement acquisitions; and
WHEREAS, Ordinance #2018-065 amended Whatcom County Code Title 3.25A to direct the
PDR Program to also offer voluntary agreements to purchase forestry and ecological
conservations easements on working forestlands and important ecosystem areas within Whatcom
County; and
WHEREAS, Ordinance #2021-037 amended Whatcom County Code Title 3.25A to change the
program name to be the Whatcom County Conservation Easement Program (CEP); and
WHEREAS, Council, pursuant to Conservation Easement Program Guidelines Document, must
affirm or modify the properties as submitted by the CEP Oversight Committee; and
WHEREAS, Council has reviewed the application ranking and background materials at a public
meeting, with input by County staff and CEP Oversight Committee members; and
WHEREAS, Council has determined the ranking in accordance with their policy priorities and
the requirements of Title 3.25A and the Conservation Easement Program Guidelines Document;
and
WHEREAS, The Washington State Recreation and Conservation Office has approved matching
funds to support the acquisition of the agricultural conservation easements on the Jacoby project;
and
WHEREAS, The CEP Oversight Committee met on January 26, 2024 to develop a ranking of
active applications received to date and forward that ranking to Council; and
WHEREAS, The CEP Oversight Committee considered the ranked list of active applications and
recommended at their January 26, 2024 meeting that County Council authorize the CEP
Administrator and County Executive to proceed with the acquisition of a conservation easement
on the Jacoby application.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that:
1. The CEP Oversight Committee and Administrator proceed with the acquisition of one (1)
conservation easement on the Jacoby application pursuant to the process outlined in the CEP
Guidelines Document.
2. The Executive is authorized to enter into a Purchase and Sale Agreement for the Jacoby
property, provided:
a. Appraisals are completed and conservation easements are drafted which meet the
requirements of the Whatcom County Conservation Easement Program, and
b. Landowners have agreed to the offer price and conservation easement conditions,
and
c. Budget authority has been adopted by the Whatcom County Council.
3. Expenditures of Conservation Futures Funds, within budget authority, are authorized to cover
expenses associated with purchase of conservation easement, including title search and
insurance, appraisal services, easement monitoring and enforcement fees
APli]�$El:tliis day of February 2024
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Dana BPo%Qr,zsC� �s�, oaincil Clerk M1 ry Buchanan. Council Chair
APPROVED as.to form:
/s/ Royce Buckingham via email/LB
Civil Deputy Prosecutor