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Home My WebLink Aboutres2012-005 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 45 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Kershner 1 /17/2012 1 /24/2012 Introduction Division Head: 2 / 14 / 2012 NR/ Council Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Resolution, Board of Supervisors, Subzone Advisory Committee member requirements ATTACHMENTS: Draft resolution and Exhibit A SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Amend WCC 100.06.030 to allow the Board of Supervisors to appoint one member to each flood control subzone district advisory committees who doesn't live within the district, but who officially represent a business landowner within the district. COMMITTEE ACTION: COUNCIL ACTION: 2 / 14 / 2012 : Amended and forwarded to Council 1 / 24 / 2012 : Substitute Introduced for approval ( Council acting as the Whatcom 2 / 14 / 2012 : Council Approved Substitute 7 -0 County Flood Control Zone District Board of Res . . 2012 -005 ( Council acting as Supervisors ) the Whatcom County Flood Control Zone District Board of Supervisors ) Related County Contract #: Related File Numbers: Ordinance or Resolution Number Res . 2012 -005 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council: PROPOSED BY : Kathy Kershner SPONSORED BY : Consent INTRODUCED : 1 / 24 / 2012 RESOLUTION NO . 2012-005 AMENDING WHATCOM COUNTY CODE ( WCC) CHAPTER 100 . 06 - SUBZONE ADVISORY COMMITTEES REGARDING MEMBERSHIP REQUIREMENTS (A Resolution of the Whatcom County Flood Control Zone District Board of Supervisors) WHEREAS , Whatcom County Flood Control Zone District Board of Supervisors adopted ordinance 2007 -019, establishing the Birch Bay Watershed and Aquatic Management ( BBWARM ) District and approved resolution 2008- 016 , creating the BBWARM district advisory committee ; and WHEREAS , resolution 2008 - 016 did not prohibit the Board of Supervisors from appointing to the advisory committee representatives of business stakeholders within the subzone district boundary who do not reside in the district ; and WHEREAS , Resolution 2008- 054 consolidated the operating rules of all the subzone districts into Whatcom County Code section 100 . 06 to make them consistent and set forth the membership requirements for all flood control subzone district advisory committees ; and WHEREAS , the existing code provisions for membership requirements in WCC 100 . 06 . 030 now prohibits the Board of Supervisors from appointing representatives of business stakeholders within a subzone district boundary who do not reside in the district ; and WHEREAS , the existing code provisions need to be amended to provide representation on the committee for a wide variety of stakeholders, including business landowners ; and WHEREAS, an amendment to Whatcom County Code Section 100 . 06 . 030 is necessary to allow the Board of Supervisors to appoint representatives of business stakeholders within the subzone district boundary who do not reside in the district . Page 1 NOW, THEREFORE , BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that Whatcom County Code 100 . 06 . 030 shall be amended as shown in Exhibit A of this resolution . AP OVEMMis 14th day of February , 2012 . ./kj *O a v6 •ccg;$?(( \* •e WHATCOM COUNTY COUNCIL A 22t G eNWHATCOM COUNTY, WASHINGTON Ae (I. 4 ° 71111Th DaFt Brown®' . ' is,. Cl &rka'bf the Council Kathy Kershner, Council Chair APPRO � Dr�r§ 1-0I �`\``, K ren Frakes, Civil Deputy Prosecutor Page 2 EXHIBIT A Chapter 100. 06 SUBZONE ADVISORY COMMITTEES Sections : 100 . 06 . 010 Subzone advisory committees . 100 . 06 . 020 Subzone advisory committees - Duties . 100 . 06 . 030 Membership . 100 . 06 . 040 Term of office . 100 . 06 . 050 Meetings - Quorum . 100 . 06 . 060 Committee staffing . 100 . 06 . 070 Election of officers . 100 . 06 . 080 Vacancies . 100 . 06 . 090 Public meetings and records . 100 . 06 . 010 Subzone advisory committees. The Whatcom County flood control zone district has established advisory committees for the following subzones : A . Acme/Van Zandt ; B . Sumas/ Nooksack/ Everson ; C . Lynden/ Everson ; and D . Birch Bay watershed and aquatic resources management district . ( Res . 2010 - 039 Exh . A ; Res . 2008 - 054 Exh . A) . 100 . 06. 020 Subzone advisory committees - Duties. Each subzone advisory committee shall advise the Whatcom County flood control zone district board of supervisors on subzone operations and plans within that subzone's respective geographic area . ( Res . 2010 - 039 Exh . A ; Res . 2008- 054 Exh . A) . 100 . 06 . 030 Membership . Each advisory committee shall consist of five members , with at least four members who reside in the respective subzone . The fifth member may reside or own property within the respective subzone or represent a rate payer from within the subzone so long as any representative of a rate payer is primarily employed by that rate payer at a site within the subzone . Members of the advisory committee should represent a diversity of geographic areas and stakeholder interests from within the subzone whenever possible . 100 . 06. 040 Term of office. The term of office for each member shall be four years ; provided , that the initial members of an advisory committee shall have staggered terms so that two members are appointed for two years, two members are appointed for three years, and one member is appointed for four years . A member may be appointed to serve up to two consecutive four-year terms, regardless of whether that member has served a first term of less than four years ; however, after serving two consecutive full terms, a citizen may become eligible for reappointment after a one-year period of separation from the advisory committee . The terms of all appointments shall expire on January 31st of the specified year. ( Res . 2010 - 039 Exh . A ; Res . 2008 - 054 Exh . A) . Page 3 100 . 06 . 050 Meetings - Quorum . The advisory committee shall meet once monthly or as its members shall determine, but not less frequently than once every six months . Three members of the advisory committee shall constitute a quorum for the transaction of business . ( Res . 2010 - 039 Exh . A ; Res . 2008 - 054 Exh . A) . 100. 06 . 060 Committee staffing . Pursuant to the terms of an interlocal agreement, Whatcom County may provide limited staffing for the advisory committee, providing agendas and other technical support as requested and available . ( Res . 2010 - 039 Exh . A ; Res . 2008- 054 Exh . A) . 100 . 06. 070 Election of officers. At its initial meeting , the advisory committee will elect a chairperson , vice- chairperson and recording secretary . The vice-chairperson shall have the power to perform all duties of the chairperson in his or her absence . The recording secretary shall have the duty to take roll , ensure the presence of a quorum , and record the minutes of each meeting . Thereafter, at its first meeting of each calendar year, the advisory committee shall organize by electing a chairperson , vice- chairperson and recording secretary to serve for a period of one year. ( Res . 2010- 039 Exh . A ; Res . 2008 - 054 Exh . A) . 100 . 06. 080 Vacancies. When a vacancy occurs as the result of a completed term , or due to the death , resignation , or unexcused absence from two consecutive regular meetings of an advisory committee, or if for any other reason a member is unable to fulfill the duties of membership, the vacancy will be filled by appointment of the Whatcom County flood control zone district board of supervisors . The Whatcom County flood control zone district board of supervisors shall advertise a vacancy and include an application deadline of 4 : 00 p . m . on the day of the regularly scheduled council meeting at which nominations and possible vote to appoint are scheduled to occur. Board members shall make nominations from the list of applicants and list of alternate members at this same regularly scheduled meeting . Appointment of the nominees shall occur by an affirmative roll - call vote by a majority of the entire board . In the case of only one applicant/alternate member for a given vacancy, nomination and appointment by general consent may occur. If a position has remained vacant for more than 90 days due to a lack of qualified applications having been received , an applicant who has previously served on the advisory committee may be appointed to serve an additional term , notwithstanding any other provisions of this title . ( Res . 2010 - 039 Exh . A ; Res . 2008- 054 Exh . A) . 100 . 06. 090 Public meetings and records. Written notice of the time and place of any meeting shall be sent to each member of the committee at least five days prior to each meeting . While the subzone advisory committees are not agency-governing bodies subject to the Washington State Open Public Meetings Law, the board of supervisors intends that the subzone advisory committees give public notice of their meetings consistent with that statute, hold meetings open to the public, and record the proceedings of any meeting . No advisory committee shall take any action or make any recommendation to the flood control zone district advisory committee or the board of supervisors except through recorded decisions made at properly noticed public meetings . Page 4 Records of the subzone advisory committees shall be provided to the river and flood division of the Whatcom County public works department, which shall retain them unless otherwise provided for by agreement between Whatcom County and the Whatcom County flood control zone district . ( Res . 2010- 039 Exh . A ; Res . 2008 - 054 Exh . A) . Page 5