HomeMy WebLinkAboutres2009-027 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 186
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 3/31/2009 Intro
Division Head: 4 / 14 / 09 Nat Res / Council
Dept. Head:
Prosecutor: 0313%
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
Resolution amending rules governing membership, vacancies and meetings of the Flood Control Zone District Advisory
Committee established in resolutions 92-015, 92-029, 94-001, 98-032 and 2001-046 and recodifying them from Chapter 2.92 of
the Whatcom County Code To Title 100.02 Of The Flood Control Zone District
ATTACHMENTS:
Proposed Resolution and Exhibit A
SEPA review required? ( . ) Yes ( x ) 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.)
The proposed resolution of the Whatcom County Flood Control Zone District Board of Supervisors amends and
recodifies the rules relating to the District Advisory Committee, including membership, vacancies and meetings .
COMMITTEE ACTION.• COUNCIL ACTION::
4 / 14 / 2009 : Amended and forwarded to Council 3 / 31 / 2009 : Introduced substitute version
for approval 4 / 14 / 2009 : Council acting as the Whatcom
County Flood Control Zone District Board of
Supervisors Amended and Approved 7 - 0
Res . 2009 - 027
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Res . 2009 -027
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.
1 SPONSORED BY : Council
2
3 PROPOSED BY : Council
4
5 INTRODUCTION DATE : 3 / 31 / 2009
6
7 RESOLUTION NO . 2009 - 027
8
9 AMENDING RULES GOVERNING MEMBERSHIP, VACANCIES AND
10 MEETINGS OF THE FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE
11 ESTABLISHED IN RESOLUTIONS 92-015, 92-029, 94-001, 98-032 AND 2001-
12 046 AND RECODIFYING THEM FROM CHAPTER 2. 92 OF THE WHATCOM
13 COUNTY CODE TO TITLE 100 . 02 OF THE FLOOD CONTROL ZONE DISTRICT
14
15 (A resolution of the Whatcom County Flood Control Zone District
16 Board of Supervisors )
17
18 WHEREAS, Whatcom County Code Chapter 2 . 92 relates to the flood control
19 zone district advisory committee, and those provisions are more properly located in
20 Title 100 of the Flood Control Zone District code with all of the FCZD enactions ; and
21
22 WHEREAS, the existing code provisions need to be amended to provide
23 representation on the committee for the wide variety of stakeholders with concerns
24 about programs and projects funded with FCZD funding ; and
25
26 WHEREAS, the procedures governing filling of vacancies currently call for
27 certain vacancies to be filled by the Public Works staff rather than the FCZD Board of
28 Supervisors, and
29
30 WHEREAS, other rules relating to the advisory committee need to be
31 updated to reflect the current practices of the committee or to reflect changes in
32 Board policies ;
33
34 NOW THEREFORE BE IT RESOLVED that the rules governing membership,
35 appointments and meetings of the Flood Control Zone District Advisory Committee as
36 established and amended by five previous resolutions of the Board of Supervisors of
37 the Flood Control Zone District are hereby amended as shown in Exhibit A and shall
38 be recodified to FCZD Title 100 . 02 .
39
40 ��►►A
0 PPRGV,p this 14th day of April , 2009 .
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42 '� • . • • • • • 4/n WHATCOM COUNTY
Y • . O • • FLOOD CONTROL ZONE DISTRICT
4
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44 : <c 14“ •• ` = BOARD OF SUPERVISORS
45 . 3 .e _ o _C� WHATCOM COUNTY, WASHINGTON
48 % Dana nip" .i� Cherk of the Council Carl Weimer, Board of . Supervisors Chair
49 • • . • •
50 rOVEp A$ l RM :
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52
53 Civi Deputy Prosecutor
1
1 EXHIBIT A
2
3 Chapter 100 . 02
4
5 100 . 02. 010 Flood Control Zone District Advisory Committee.
6 The Whatcom County Flood Control Zone District Board of Supervisors
7 hereby creates a Flood Control Zone District Advisory Committee .
8
9 100 . 02. 020 Duties of the flood control zone district advisory
10 committee.
11 The Advisory Committee is an integral part of the operations and
12 management of the flood control zone district and is charged with the
13 following duties and responsibilities :
14
15 A . Provide advice on flood hazard management and other water
16 resources plan development and implementation ;
17
18 B . Discuss and recommend budget appropriations and supplemental
19 budget appropriations from the funds of the district ;
20
21 C . Advise the Board of Supervisors on issues the Board may refer to it
22 from time to time
23
24 D . Act as a liaison between the Board of Supervisors and the public,
25 and as requested , have hearings or public meetings on behalf of the
26 Board of Supervisors .
27
28 100 . 02. 030 Membership.
29 The advisory committee will consist of fifteen voting members and one
30 ex officio non -voting member, each of whom resides in Whatcom
31 County, to be appointed by the Board of Supervisors, as follows :
32.
33 A . Two members representing special districts, such as drainage and
34 diking districts or flood control district subzones ;
35
36 B . Two members representing cities impacted by flooding ;
37
38 C . Two members, one member representing each of the two federally-
39 recognized Indian Tribes, after consideration of the recommendation of
40 the Nooksack Tribe and Lummi Nation governing bodies ;
41
42 D . Nine members who collectively represent a diversity of flood control
43 zone district stakeholder interests and geographic areas throughout
44 the county, whenever possible ;
45
46 E . One non -voting ex officio member to be selected by the Board of
47 Supervisors from its own members .
48
49 100. 02 . 040 Term of Office.
50 A. The term of office for the nine members representing stakeholder
51 interests and geographic areas within Whatcom County shall be four
52 years . A member may be appointed to serve up to two consecutive
53 four year terms, regardless of whether that member has served a first
54 term of less than four years .
55
56 B . The members appointed to represent special districts, the cities, the
57 ex officio member and the Indian Tribes shall each serve for a one
58 year term . These representatives may serve consecutive terms .
2
1 C . No member representing stakeholder interests or a geographic area
2 shall serve more then two consecutive full terms .
3
4 100 . 02. 050 Meetings - Quorum .
5 The advisory committee shall meet once monthly or as its members
6 shall determine, but not less frequently than once every three months_
7 A majority of the appointed voting members of the advisory committee
8 shall constitute a quorum for the transaction of business . Any actions
9 taken by the advisory committee must be passed by a majority of the
10 appointed voting members .
12 100 . 02. 060 Committee Staffing .
13 Pursuant to the terms of an interlocal agreement, Whatcom County will
14 provide limited staffing for the advisory committee, recording and
15 producing minutes and providing agendas and other technical support
16 as requested and available .
17
18 100 . 02. 070 By- Laws and Election of Officers.
19 At its initial meeting each year, the advisory committee will elect a
20 chairperson and vice-chairperson . The chairman shall preside over
21 each meeting of the advisory committee . The vice chairperson shall
22 have the power to perform all duties of the chairperson in his or her
23 absence . The advisory committee may adopt bylaws to govern the
24 conduct of their meetings, but any such by- laws shall be consistent
25 with this chapter.
27 100 . 02. 080 Vacancies.
28
29 When a vacancy occurs as the result of a completed term , or due to
30 the death , resignation , or unexcused absence from two consecutive
31 regular meetings of the advisory committee, or if for any other reason
32 a member is unable to fulfill the duties of membership, the vacancy
33 will be filled by appointment of the Whatcom County Flood Control
34 Zone District Board of Supervisors .
35
36 Any person interested in serving on the advisory committee may be
37 appointed by the board of supervisors to a list of alternate members
38 for a period of six years . Alternate members shall be notified of each
39 meeting of the advisory committee and encouraged to attend when
440 possible .
42 When a mid -term vacancy occurs, the board may choose to solicit
43 additional applications, or it may decide to fill the vacancy from the
44 alternate list without soliciting additional applications if it determines
45 that an alternate can fill the vacancy while maintaining the desired
46 geographic and stakeholder diversity or the appropriate governmental
47 representation on the committee .
48
49 When a vacancy occurs following a completed term , the board will
50 solicit applications for the vacancy from the community as well as
51 considering appointment from the alternate list .
52
54 100 . 020 . 090 Public Meetings and Records .
55 Written notice of the time and place of any meeting shall be sent to
56 each member of the committee and each appointee to the alternate
57 list at least five ( 5 ) days prior to each meeting .
58
3
1 The Board of Supervisors intends that the Advisory Committee shall
2 give public notice of its meetings consistent with the Washington Open
3 Public Meetings Act, hold meetings open to the public, and record the
4 proceedings of any meeting , including those instances in which the
5 Open Public Meetings Act itself may not apply . The Advisory
6 Committee shall not take any action or make any recommendation to
7 the Flood Control Zone District the Board of Supervisors except
89 through recorded decisions made at properly noticed public meetings .
10 Records of the Advisory Committee shall be retained by the River and
11 Flood Division of Whatcom County Public Works Department, unless
12 otherwise provided for by agreement between Whatcom County and
13 the Whatcom County Flood Control Zone District .
14
15 100 . 020. 110 Effective date.
16
17 The rules relating to membership and vacancies shall apply to
18 vacancies and appointments that occur on or after April 14, 2009 ,
19 allowing members seated at that time to complete their terms . All
20 other provisions shall become effective upon signature of the Chair of
21 the Board of Supervisors following adoption by the Board of
22 Supervisors or 10 clays after adoption by the Board of Supervisors,
23 whichever occurs first.
4