HomeMy WebLinkAboutres2010-039 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 143 C
CLEARANCES Initial Date Date Received in Council 0 ice Agenda Date Assigned to:
Originator: County Cou 9/20/2010 9/28/2010 Introduction
Division Head. 10 / 12 / 2010 Council
dik Dept. Head: t ✓ 1 /a 9 - 200 • U
Prosecutor: - t i?3[ 10
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
Resolution Amending WCC 100.02 & 100.06, Advisory Committees
ATTACHMENTS:
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.)
Resolution of the Whatcom County Flood Control Zone District Board of Supervisors to amend Whatcom County Code (WCC) 100.02, Flood Control
Zone District Advisory Committee, and WCC 100.06, Subzone Advisory Committees to amend term expiration to January 31 , change term limits, and
clarify application process
•
COMMITTEE ACTION: COUNCIL ACTION:
9 / 28 / 2010 : Introduced
10 / 12 / 2010 : Council Approved 7 - 0 ( Council
acting as the Whatcom County Flood Control
Zone District Board of Supervisors )
Res . 2010- 039
Related County Contract #: Related File Numbers: Ordinance or Resolution •
AB2010- 143 -AB2010- 143B Number: Res .. 2010-039
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County 's website at: www. co. whatcom. wa. us/council.
•
2010 Res Amend WCC 100 .02 and 10 .061 SPONSORED BY : Consent
PROPOSED BY : Consent
INTRODUCTION DATE : 9 / 28 / 2010
RESOLUTION NO . 2010-039
AMENDING WHATCOM COUNTY CODE (WCC ) 100 . 02, FLOOD CONTROL ZONE
DISTRICT ADVISORY COMMITTEE, AND WCC 100 . 06, SUBZONE ADVISORY
COMMITTEES
(A Resolution of the Whatcom County Flood Control Zone District
Board of Supervisors)
WHEREAS , Whatcom County Code Sections 100 . 02 and Section 100 . 06 set forth
the guidelines for the terms of office and vacancy procedures for the Whatcom County
Flood Control Zone District Advisory Committee and all Subzone Advisory Committees ;
and
WHEREAS , Whatcom County Code 2 . 03 was recently amended for all other
boards , committees , and commissions to : allow re - appointment after two consecutive
full terms , establish a January 31 term expiration date , and modify the guidelines to
include an application deadline and to clarify the appointment process ; and
WHEREAS , amendments to Whatcom County Code Sections 100 . 02 and 100 . 06
are necessary to be consistent with the recent amendments to WCC 2 . 03 regarding a
term of office expiration date for all appointments and to clarify the rules for
appointment and re - appointment of non -councilmembers to boards , committees , or
commissions .
NOW , THEREFORE , BE IT RESOLVED by the Whatcom County Council that
Whatcom County Code 100 . 02 and 100 . 06 are hereby amended as indicated in Exhibit A
to this ordinance .
APPROVED this 12th day of October , 2010
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Page 1
Exhibit A
Chapter 100 . 02
FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE
Sections :
100 . 02 . 010 Flood control zone district advisory committee .
100 . 02 . 020 Duties of the flood control zone district advisory committee .
100 . 02 . 030 Membership .
100 . 02 . 040 Term of office .
100 . 02 . 050 Meetings - Quorum .
100 . 02 . 060 Committee staffing .
100 . 02 . 070 Bylaws and election of officers .
100. 02 . 080 Vacancies .
100 . 02 . 090 Public meetings and records .
100 . 02 . 110 Effective date .
100 . 02 . 010 Flood control zone district advisory committee .
The Whatcom County flood control zone district board of supervisors hereby creates
a flood control zone district advisory committee . ( Res . 2009 - 027 Exh . A ; Res . 2001 -
046 ; Res . 92 - 015 ( part) . Formerly 2 . 92 . 010 ) .
100 . 02 . 020 Duties of the flood control zone district advisory committee .
The advisory committee is an integral part of the operations and management of
the flood control zone district and is charged with the following duties and
responsibilities :
A . Provide advice on flood hazard management and other water resources plan
development and implementation ;
B . Discuss and recommend budget appropriations and supplemental budget
appropriations from the funds of the district ;
C . Advise the board of supervisors on issues the board may refer to it from time to
time ;
D . Act as a liaison between the board of supervisors and the public, and as
requested , have hearings or public meetings on behalf of the board of supervisors .
( Res . 2009 - 027 Exh . A ; Res . 2001 - 046 ; Res . 92 - 015 ( part) . Formerly 2 . 92 . 020 ) .
100 . 02 . 030 Membership .
The advisory committee will consist of 15 voting members and one ex officio
nonvoting member, each of whom resides in Whatcom County , to be appointed by
the board of supervisors , as follows :
A . Two members representing special districts, such as drainage and diking districts
or flood control district subzones ;
B . Two members representing cities impacted by flooding ;
C . Two members, one member representing each of the two federally recognized
Indian Tribes , after consideration of the recommendation of the Nooksack Tribe and
Lummi Nation governing bodies ;
D . Nine members who collectively represent a diversity of flood control zone district
stakeholder interests and geographic areas throughout the county, whenever
possible ;
E . One nonvoting ex officio member to be selected by the board of supervisors from
its own members . ( Res . 2009 - 027 Exh . A ; Res . 2001 - 046 ; Res . 92 - 029 ( part) ; Res .
92 - 015 ( part) . Formerly 2 . 92 . 030 ) .
100 . 02 . 040 Term of office .
A . The term of office for the nine members representing stakeholder interests and
geographic areas within Whatcom County shall be 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 .
B . The members appointed to represent special districts , the cities, the ex officio
member and the Indian Tribes shall each serve for a one - year term . These
representatives may serve consecutive terms .
C . No member representing stakeholder interests or a geographic area shall serve
more than two consecutive full terms.; however, after serving two consecutive full
terms, a citizen may become eligible for re -appointment after a one -year period of
separation from the advisory committee .
D . The terms of all appointments shall expire on January 31St of the specified year.
( Res . 2009 - 027 Exh . A ; Res . 2001 - 046 ; Res . 94 - 001 ; Res . 92 - 029 ( part) ; Res . 92 -
015 ( part) . Formerly 2 . 92 . 040 ) .
100 . 02 . 050 Meetings — Quorum .
The advisory committee shall meet once monthly or as its members shall
determine , but not less frequently than once every three months . A majority of the
appointed voting members of the advisory committee shall constitute a quorum for
the transaction of business . Any actions taken by the advisory committee must be
passed by a majority of the appointed voting members . ( Res . 2009 - 027 Exh . A ;
Res . 2001 - 046 ; Res . 98- 032 ; Res . 92 - 015 ( part) . Formerly 2 . 92 . 050 ) .
100 . 02 . 060 Committee staffing .
Pursuant to the terms of an interlocal agreement, Whatcom County will provide
limited staffing for the advisory committee , recording and producing minutes and
providing agendas and other technical support as requested and available . ( Res .
2009 - 027 Exh . A ; Res . 2001 - 046 ; Res . 92 - 015 ( part) . Formerly 2. 92 . 060 ) .
100 . 02 . 070 Bylaws and election of officers.
At its initial meeting each year, the advisory committee will elect a chairperson and
vice - chairperson . The chairman shall preside over each meeting of the advisory
committee . The vice - chairperson shall have the power to perform all duties of the
chairperson in his or her absence . The advisory committee may adopt bylaws to
govern the conduct of their meetings , but any such bylaws shall be consistent with
this chapter. ( Res . 2009 - 027 Exh . A ; Res . 2001 - 046 ; Res . 92 - 015 ( part) . Formerly
2 . 92 . 070 ) .
100 . 02 . 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 the
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 .
Any person interested in serving on the advisory committee may be appointed by
,the board of supervisors to a list of alternate members for a period of six years .
Alternate members shall be notified of each meeting of the advisory committee and
encouraged to attend when possible .
When a mid -term vacancy occurs , the board may choose to solicit additional
applications, or it may decide to fill the vacancy from the alternate list without
soliciting additional applications if it determines that an alternate can fill the
vacancy while maintaining the desired geographic and stakeholder diversity or the
appropriate governmental representation on the committee .
When a vacancy occurs following a completed term , the board will solicit
applications for the vacancy from the community as well as considering
appointment from the alternate list .
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. ( Res . 2009 - 027 Exh . A ; Res . 2001 - 046 ; Res . 92 - 029 ( part) . Formerly
2 . 92 . 080 ) .
100 . 02 . 090 Public meetings and records.
Written notice of the time and place of any meeting shall be sent to each member
of the committee and each appointee to the alternate list at least five days prior to
each meeting .
The board of supervisors intends that the advisory committee shall give public
notice of its meetings consistent with the Washington Open Public Meetings Act,
hold meetings open to the public , and record the proceedings of any meeting ,
including those instances in which the Open Public Meetings Act itself may not
apply . The advisory committee shall not take any action or make any
recommendation to the flood control zone district board of supervisors except
through recorded decisions made at properly noticed public meetings .
Records of the advisory committee shall be retained by the river and flood division
of the Whatcom County public works department, unless otherwise provided for by
agreement between Whatcom County and the Whatcom County flood control zone
district . ( Res . 2009 - 027 Exh . A) .
100 . 02 . 110 Effective date .
The rules relating to membership and vacancies shall apply to vacancies and
appointments that occur on or after April 14 , 2009 , allowing members seated at
that time to complete their terms . All other provisions shall become effective upon
signature of the chair of the board of supervisors following adoption by the board of
supervisors or 10 days after adoption by the board of supervisors, whichever occurs
first . ( Res . 2009 - 027 Exh . A) .
. Y
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/VanZandt ;
B . Sumas/ Nooksack/ Everson ;
C . Lynden/ Everson ; and
D . Birch Bay watershed and aquatic resources management district .
( 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 . 2008 - 054 Exh . A) .
100 . 06 . 030 Membership .
Each advisory committee shall consist of five members , each of whom resides in
the respective subzone , and who collectively represent a diversity of geographic
areas and stakeholder interests from within the subzone whenever possible . ( Res .
2008 - 054 Exh . A) .
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 re -appointment after a one -year period
of separation froni the advisory committee .
The terms of all appointments shall . expire on January 31St of the specified year.
( Res . 2008 - 054 Exh . A) .
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 . 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 . 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 . 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 . 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 .
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 . 2008 - 054 Exh . A) .