BREAKING NEWS: Friday Harbor Town Council Votes 5-0 to Uphold Notice of Violation to San Juan County

In its session this afternoon, the Town of Friday Harbor Town Council upheld a Notice of Violation leveled by Town Administrator Denice Kulseth against San Juan County for what it deemed to be a long-term pattern of violations of water use at the County Fairgrounds. The Town provides water to the Fairgrounds, which is just outside the Town limits. The County had appealed the decision in a previous Town Council meeting.

The Town Council began to deliberate the final decision at approximately 1:50 p.m., and the decision was reached in approximately 11 minutes. Each Council member explained their judgment prior to the unanimous vote. Some Council members carefully read their comments from prepared remarks.

Council Member Barbara Starr said there has been “a persistent history on the part of the County of ignoring requests by the Town… My sense is, is that we need to get this issue under control…” She added, “The rights of our municipal water system need to come first. The protection of our water resource for our town residents and businesses needs to come first.”

She said, “I want more than anything to work together with County council and County Administrator and staff to resolve these issues. And I want to say I have open arms. And I welcome you and I would welcome conversations, and I want to work with you. But I don’t want the needs of townspeople to be placed on a back burner… we have got to have a seat at the table.”

Reading from prepared remarks, Council Member Mason Turnage said, “With the information that I have at my disposal, and after having gone over all the evidence provided to us, including presentations, conversations, binders and packets, email correspondence, constituent insight and opinion from both sides of the table. To the best of my ability, and with the best of my knowledge, I have come to the conclusion that the town code has been correctly interpreted by the town administrator and the county has been out of compliance with their water uses and the processes by which they have been able to initiate and maintain those uses. We have to we have to be protecting our resources for the people who are paying to maintain them. I support our administrator in her decision to limit water use to the fairgrounds.”

Council Member Richard Geffen associated himself with the comments of the two previous speakers and added, “It’s definitely, with drought conditions coming in the state at this point, it’s definitely time to take a serious look at what is fair and per the previous standards that we’ve set. And, you know, it’s technically not even an appealable violation. So, you know, having given the opportunity to hear it out, I think was the very magnanimous thing, you know, not to toot our horns. But I think it doesn’t really change the outcome to me.

Council Member Anna Maria de Freitas said she concurred with her colleagues then said, “I also want to say that I to support our community, our larger community, we support Island Rec, we support the 4-H, we support the fair, we support during times of pandemic and other known things that may be coming down the pike to make sure we have places for the community to have vaccine places or if it needs to be a shelter in the event of some other known disaster — that we will be able to provide water for our community at this location. But I also need to protect the resources of the town and the plans that we have in place for those currently residing in town and those that have permits that have promises of water. And for other projects that we still like to consider whether the affordable housing or the other that we need to protect these resources for the Town’s purpose of this. So I, too, want to uphold the decision of the Administrator regarding this appeal.”

Finally, Council Member Steve Hushebeck, referring to the Town’s letter to the County dated February 9, said, “I feel [it] accurately describes the history of the issue as well as my own feelings and opinions on the matter. In that letter, there were options and alternatives identified that could mitigate the issue, including approaching the town with an appropriate request that could be mutual benefit, mutually beneficial for both of us. Based on what I have mentioned, I believe the town council should uphold the Notice of Violation and the opinion of the Town Administrator and encourage other options that could resolve the matter.”

Mayor Ray Jackson called the question, and the Council voted 5 to 0 to uphold the Notice of Violation. In a second vote, the Council voted unanimously to direct the Town staff to prepare a written “Findings of Fact & Conclusions of Law Decision” document to formalize the decision.

No representatives of the County, nor anyone in the audience, were allowed to comment until the appointed time at the end of the meeting. But at that time, Brandon Andrews, Parks and Fair Director & Interim Assistant County Manager, came forward to address the Council with a specific request. He requested that the Town government grant an extension of any notice for water shutoff to the Fairgrounds, particularly in light of the upcoming County Fair.

The Town Council politely acknowledged the request but offered no remarks. Immediately after the meeting was gaveled closed, Council Member Starr sprang from her chair to assure Andrews that the reason the Council said nothing about the request to stay water cutoff was because Council rules forbade reacting, and that conversation would continue. Then Council Member Turnage gave Andrews a big bear hug as if to symbolize that the Town still wants to find a way to get itself and the County on the same side of this soon.