The URL can be used to link to this page

Home My WebLink Aboutord2002-03011'HATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -197 CLEARANCES Originator: $Avis Goodwin Initial Date Date Received in Council O ice I`- ( it sll c M - — N y ppq [ ,APR ? 4k LOUr. 6 . i 1 Lji i, i_:3,]ld9• • . A ends Dam 5 -7 -02 Assi ned an Introduction 5/21/02 P is D / Council Division Head: Sylvia Good n S Dept Head: Hal Hart L Prosecutor: Karen Fmkes Purcharang/Budget. Executive: Pete Kremen 3 SUBJECT: Ordinance amending W C 2.120 relating to the meeting schedule of the Surface Mining Advisory Committee. I ATTACHMENTS. (1) Proposed Ordinance. SEPA review required? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO Requested Date: SUMMARY STATEMENT: An ordinance amending WCC 2.120 to delete the requirement that the Surface Mining Advisory Committee (SMAC) has to meet every month. The intent is to suspend SMAC meetings moil the County's mineral resource study is completed so that Planning and Development Services can focus On other high priority planning issues. Distribution Request indicate those who should receive a copy Rer Council action List specie names to the right . ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 2002- 197 5RJ2002: Introduced 5121t2DD2: Adopted 7 -0, Ord. #2002 -030 Re Juvenile Parks Planning Hal Hart Prosecutor Public Works Sheri Superior Court Treasurer Other Ordinance or (this item): Resola#T NumbeMr .O I Plunnin \Mining\SMAC 2000- 2002\Suspension of SMAC - AB due 4 -2602 SPONSORED BY: PDs PROPOSED BY: PDs INTRODUCTION DATE: 5/7/02 ORDINANCE# 2002 -030 AMENDING WCC 2.120 RELATING TO THE MEETING SCHEDULE OF THE SURFACE MINING ADVISORY COMMITTEE WHEREAS, the Surface Mining Advisory Committee (SMAC) was established by the County Council pursuant to Ordinance # 2000 -017; and WHEREAS, the SMAC has been meeting since July 2000; and WHEREAS, Planning & Development Services Department management has evaluated the workload for the department and is proposing to suspend or delay certain work items and committees. Specifically, management proposes to suspend the activity of the SMAC until the mineral resource study for Whatcom County is completed; and WHEREAS, it is anticipated that the mineral resource study would be completed by late 2002 or early 2003. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT I. In order to make efficient use of County resources, and address other high priority planning issues, the Surface Mining Advisory Committee (SMAC) meetings should be suspended until the County's mineral resource study is completed. 2. When the mineral resource study is completed the SMAC should resume regular meetings. 3. In order to accomplish suspension of the committee, the ordinance establishing the committee would have to be altered so that it no longer requires monthly meetings. CONCLUSIONS WCC 2.120.050 should be amended to delete the requirement that the SMAC must meet every month. P. 1 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section 1. The Whatcom County Code, section 2.120.050, is hereby amended as shown on Exhibit A. Section 2. The terms of the current surface mining advisory committee members will be extended for a period of time equivalent to the time that that the committee meetings are suspended. Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 21 day of May , 2002 ATTEST: Dana Brown- Davis, Council Clerk APPRJJVED as to form: Civil Deputy Prosecutor Date: P. 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ward Nelson, Chairp rson A� O enied Pe e {r'emen, Executive Exhibit A 2.120 SURFACE MINING ADVISORY COMMITTEE Sections: 2.120.010 Established. 2.120.020 Purpose. 2.120.030 Function. 2.120.040 Membership - Term of office. 2.120.050 Organization - Meetings. 2.120.060 Committee staffing. 2.120.010 Established. There is hereby established the Whatcom County surface mining advisory committee (SMAC). (Ord. 2000 -017). 2.120.020 Purpose The committee is created to advise the Whatcom County planning and development services department and the Whatcom County council on implementing surface mining regulatory program consistent with the comprehensive plan. (Ord. 2000 -017). 2.120.030 Function. The committee will address the action items of the mineral resources element of the Whatcom County comprehensive plan. Upon appointment to the committee, members shall review the Whatcom County council's natural resources committee meeting minutes and handouts from the public meetings on the formation of the surface mining advisory committee. The committee shall take direction from the Whatcom County council as to the priority of the action items as follows: Action #5: Implement a surface mining regulatory program, consistent with the comprehensive plan, which addresses those areas where there is a conflict between land uses. Maintain an ongoing advisory committee consisting of representatives of diverse interests. Action #3: Develop a coordinated and consistent approach for the regulation and enforcement of mineral extraction and accessory uses. Eliminate unnecessary regulations and permit. Make the regulatory process more efficient and timely, while protecting the land use rights of those affected. Action #11: Budget, initiate and complete a Comprehensive Construction Aggregate Study (CCAS) to document the short and long range availability and location of quality mineral resources, to be completed within five years of the adoption of the comprehensive plan. Update the CCAS as needed based on the outcome of the study. Action #8: Develop a program for the use of alternative methods and materials in County projects. (Ord. 2000 -017). Y. 3 2.120.040 Membership - Term of office. A. The committee shall consist of the following individuals: 1. One civil or geotechnical engineer with no direct or indirect financial business ties to the industry; 2. One material user; 3. One geologist; 4. Two members of the surface mining industry; 5. One citizen who lives in close proximity to active mining, mineral overlay area, or quarry; 6. One representative of agriculture from the conservation district; 7. One representative of forestry; 8. One representative of ground water as a potable, domestic supply, specifically a public water system or private well owner; 9. One ecologist; 10. One environmental consultant. B. Committee members shall be appointed by the county council. Member terms will be two years; provided, that terms of members first appointed will be staggered so that half of the committee members shall be appointed for one year. (Ord. 2000 -017). 2.120.050 Organization - Meetings. Meetings of the committee shall be open and accessible to the public and shall be subject to the Open Public Meetings Act. The ppmmittgs RhHll ' etannifle its esPER IssePtift sehOa "" shall ffieet at jean - - -- - -- °— -�. At every meeting, the committee will schedule an open session to take public comment on surface mining issues. Written and audio records of meetings, resolutions, findings and recommendations shall be kept and such records shall be public. The committee shall adopt its own rules and procedures for the conduct of business. The committee shall elect a chairperson from among its members who shall preside at its meetings. (Ord. 2000- 017). 2.120.060 Committee staffing. The Whatcom County planning and development services department shall provide staffing for the committee. (Ord. 2000 -017). P. 4 Members Scott Babcock Cleo Ca/ /en Brian eleslar Tohn Matzinger Alvin Sfarkenburg Tohn Ilan Roven Tom Westergreen Peter Willing DISTRIBUTED TO MAY 8 - 2002 ALL COUNCIL MEMBERS WHATCOM COUNTY COUNCIL a 3 l 17 2LOM Cp` 3r�� ti\ it 9`SNINGSC WHATCOM Making the Comprehensive Plan a reality by evaluating /addressing: COUNTY ✓ Land use conflicts ✓ Regulations SURFACE ✓ Enforcement MINING ✓ Short and long term nuneral resource supply issues ADVISORY ✓ Alternative methodshnaterials COMMITTEE (SMAC) The SMAC — Seeking to improve mineral resource management in Whatcom County MEMORANDUM May 3, 2002 To/ e Honorable Whatcom County Council Iom'i John Matzinger, P.E., Surface Mining Advisory Committee Chair (Sub7ect: Temporary Suspension of the Surface Mining Advisory Committee The Surface Mining Advisory Committee (SMAC) was formed by the County Council pursuant to Ordinance # 2000 -017 and has been meeting on a regular basis since July 2000. The SMAC understands that the Planning Department management has evaluated the workload for the department, along with potential budget cuts to County government, and is proposing to suspend or delay certain work items and committees. Specifically, after evaluating current priorities, management is proposing to suspend the activity of the SMAC. Planning Department management proposes to suspend the activity of the SMAC until the mineral resource study for Whatcom County is completed. It is anticipated that the mineral resource study would be completed by late 2002 or early 2003. When this study is completed, the committee would reconvene and resume regular meetings. The SMAC considered the Planning Department's proposed suspension of our meetings and agreed, by consensus, that we want to do what we can to help our county government through the current rough spot. We have no objections to a temporary suspension of our activity, provided that: 1. If any citizen or industry issues arise during this time, the SMAC could reconvene a special meeting to consider the issue at hand; and 2. The Council extends the terms of current SMAC members an equivalent amount of time that the SMAC meetings are suspended (i.e. if SMAC meetings are suspended for eight months, the terms of the members would be extended eight months). Thank you for your consideration and know that the SMAC stands ready to accept new assignments, as they become known. Please call John Matzinger (671 -6838) or Matt Aamot (676 -6907, ext. 50260) with any questions or comments.