HomeMy WebLinkAboutord1993-003WF- 41 'COM COUNTY COUNCIL AGENDA BILL .
NO. 92 -391B
CLEARANCES
Initial
Date
Date Received in Council Office:
Azenda date
Assigned to:
Originator. Warner, Laidlaw,
.nderson, Harris, Brenner, Staff
Division Head:
11/4
11/10/92
Council /Intro
12/17/92
Council Disc
Dept. Head
1/7/93
Council /Hearin
Council
Prosecutor.
1/12/93
Purchasm"udget:
2/23/48---1
Council
Executive:
SUBJECT.-
Reorganization of Whatcom County government through repeal of certain existing departments, creation of ne%v
departments, and establishment of fund and commission.
ATTACHMENTS:
Ordinance with attachments A through E.
SUMMARY STATEMENT.- Please complete sections of box as appropriate & explain the item below.
Related County contract #: NIA
Should Clerk schedule a hearing? NO YES Requested date:
Amount budgeted for this item /project: S N/A
Is it or will it be within budget? YES NO lease explain below
Budget line item number(s): N/A ,
. ordinance would combine the current Planning Department, Buildings and Code Division, Environmental
Health section of the Health Department, and'the development portion of the Engineering Division into a new,
Planning and Inspection Services Department. The remaining portions of the Public Works Department would
be dissolved and replaced with a Transportation Services Department and a new Facilities & Equipment Services
Department. The ER &R Fund would be reconstituted as the Rental & Revolving Fund. The Planning
Commission would become formally established in the County Code and the current members and operations
would continue without interruption.
ORIGINATOR'S RECOAblMENDED AMOK.
Adopt the ordinances.
COAHW 77TE.E. ACTION TAKEN.-
COUNCIL AC77ON TAKEN
11/10/92: Introduction
12/17/92: Council decided to postpone this until 1/12/93.
1,/7/93: Hearing
'12/93: Council adopted the ordinance with amendments (12/17/93 version). 6 -1 with
with Imhof opposed.
2/23/93: Because the executive vetoed the previous version of this ordinance Council
Related File Numbers: Ordinance or Resolution Number (this item only): 093 -003
made minor changes and re- adopted the ordinance. 6 -1. Imhof opposed.
morg.ord SPONSORED BY: Warner, Laidlaw, Henderson, Hams, Brenner
PROPOSED BY: Warner, Laidlaw, Council Staff
INTRODUCTION DATE: 11110.192
1 ORDINANCE NO. 93 -003
2 REORGANIZATION OF WHATCOM COUNTY GOVERNMENT THROUGH
3 REPEAL OF CERTAIN EXISTING DEPARTMENTS, CREATION OF NEW
4 DEPARTMENTS, AND ESTABLISHMENT OF FUND AND COMMISSION
5
6 WHEREAS, there currently exist functions of County government regarding
7 enforcement of civil regulations relating to development, sanitation, land use, water and
8 other areas of concern that are split between various departments and divisions; and
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10 WHEREAS, the public has indicated confusion and concern in dealing with the
11 various appropriate departmental entities in conducting their rightful business with the
12 County; and
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14 WHEREAS, the County Executive has indicated problems exist within the county
15 government in coordinating operations between the various departments and divisions
16 relating to these issues; and
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3 WHEREAS, the Council finds that the existing departmental structure can be
19 changed in such a manner that would consolidate functional responsibilities, lower costs,
20 increase efficiency, and enhance accountability through reorganization;
21
22 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
23 the following changes to the Whatcom County Code are hereby adopted:
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25 Chapter 2.32 Planning Department is repealed in its entirety effective November
26 1, 1993 and is replaced with a new Chapter 2.32 Planning and Development
27 Services Department, as detailed in Attachment A to this ordinance;
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29 Chapter 2.74 Equipment Rental Division is repealed in its entirety effective
30 November 1, 1993;
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32 Chapter 2.77 Public Works Department is repealed in its entirety effective
33 November 1,11993;
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35 Chapter 2.75 Maintenance and Transportation Services Department is hereby
36 created as detailed in Attachment B to this ordinance;
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38 Chapter 2.10 Rental and Revolving Fund is established as detailed in Attachment
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1 C to this ordinance;
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3 Chapter 2.31 Planning Commission is hereby re- established as detailed in
4 Attachment D to this ordinance effective November 1, 1993;
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6 Chapter 2.03 Boards and Commissions is amended as detailed in
7 Attachment E to this ordinance;
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9 Chapter 2.04 Fire Marshall is amended as detailed in Attachment F to this
10 ordinance effective November 1, 1993;
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12 BE IT FURTHER ORDAINED, that in implementing the requirements of this
13 ordinance the County Executive shall:
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15 Perform such transition steps as necessary for the orderly implementation of this
16 ordinance;
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18 Transfer existing employees and positions to newly established departments
19 wherever possible and appropriate without loss of pay -or benefits or requirement
20- for competitive job posting;
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22 Appoint, within 10 months of the adoption date, permanent department heads to
23 be submitted for Council confirmation, provided the Executive may immediately
1 bring forward existing employees for appointment and confirmation to these newly
1,5 created department head positions without need for competitive posting;
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27 Develop position allocations in these newly created departments using a target
28 ratio of no less than ten (10) employees for each non - bargaining unit manager or
29 supervisory employee, computed on an overall basis for the department;
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31. Submit to the Council by June 30, 1993 ordinances that may be necessary to effect
32 changes in authorized positions, appropriations, and other modifications of the
33 county code necessary to reflect the new departments and their duties;
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35 Develop appropriate position descriptions and salary schedules for newly- created
36 positions.
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39 BE IT FINALLY ORDAINED, that if any portion of this ordinance is found to
40 be unlawful, all remaining portions shall remain in effect. All rights, contracts,
41 agreements claims and obligations shall remain and be continued without interruption
42 through successor departments as appropriate,
43
44 ADOPTED this 23rd day of February , 1993.
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4 ATTEST:
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8 V Ram a Reeves, Council Clerk
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WHATCOM COUNTY COUNCEL
WHATCOM COUNTY, WASHINGTON
arge idlaw, Council Chair
10 APPROVED AS TO FORM: () Approved () Denied
11 f
13 David McEachran, Co rosecutor Shirley Van Zanten, Executive
14 Date:
Hall
on file that she vetoed
RK'S NOTE This ordinance has not been signed a uCounty d indicated by m mo (n file) that originally
CLE d on January 12, es to address these
passed 6-1 with Imhof oppose 6-1 with Imhof opposed. The
the ordinance and stated some specific objections she y 23 g nda. i Council crag
objections, and put the ordinance back on the February the ordinance Section 230 of the whin ten
Executive indicated by memo (on file) that she would not sign
",.. If the Executive does not either sign or veto an ordinance vnttun ten (10
County Home Rule Charter reads'. excepted, after presentation of the ordinance by the Council, in ties shall
days, Saturdays, Sundays, and holidays p as otherwise provided in this Charter, all
si afore• Except Executive or otherwise enacted or at a later
become law without the Executive's g° ed to the Exec office on February 24; because
take effect ten (10) days after the date they are signed by the County this document until March 3
date if stated in the ordinanwder°th a murderstrial�, he was not able to revieR'
Prosecutor McEac�n was
and forward it to the Executive for signature. Therefore
this ordinance became effective March 17, 1 '
B g Clerk
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AB 92 -391 B A7TACBWNTA
1 Chapter 2.32
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3 Planning and Development Services Department
4 Sections
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6 2.32.010 Department established.
7 2.32.020 Director appointment.
8 2.32.030 Duties.
9 2.32.090 Severability.
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11 2.32.010 Department established. There is hereby established an
12 administrative department called the Planning and Development Services- department
13 effective November 1, 1993: provided that the county executive may take preliminary and
14 transitional steps necessary for the formation of the department and implementation of
15 this chapter.
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17 2.32.020 Director appointment. A. There shall be appointed a director of
18 the Planning and Development Services department whose duties shall include
19 management oversight and administration of all department activities. The director shall
20 be appointed by the county executive, subject to confirmation by a majority of the county
'? council. The director shall be appointed for an indefinite period and serve at the will of
-2, the county executive.
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24 B. It is the responsibility of the director to hire department staff in accordance
25 with the personnel policies and procedures of the county, and any other applicable laws
26 and regulations.
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28 2.32.030 Duties. A. The Planning and Development Services department
29 shall be responsible for the planning, implementation and enforcement of laws and
30 regulations related to zoning, land use, development, solid waste, water resources,
31 construction, fire safety, growth management, surface and sub - surface mining, forestry,
32 and other environmental regulations as may be enacted. The department shall operate in
33 conjunction with the county planning commission.
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35 B. The director, or subordinate or subordinates designated by the director, shall
36 serve as the chief building official, chief land use administrator, chief shorelines
37 administrator, fire marshall, and as any other official responsible for administration of
38 ordinances of the state and county that fall under the purview of this department.
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40 2.32.090 Severabilitv. If any portion of this chapter shall be found unlawful,
41 all remaining portions shall remain in effect.
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AB 92 -391 B
Sections
2.75.010
2.75.020
2.75.030
2.75.090
ATTACHMENT B
Chapter 2.75
Maintenance and Transportation Services Department
Department established.
Director appointment.
Duties.
Severability.
2.75.010 Department established. There is hereby established an
administrative department called the Maintenance and Transportation Services
department effective November 1, 1993; provided that the county executive may take
preliminary and transitional steps necessary for the formation of the department and
implementation of this chapter.
17 2.75.020 Director appointment. A. There shall be appointed a director of
18 the Maintenance and Transportation Services department whose duties shall include
19 management oversight and administration of all department activities. The director shall
20 be appointed by the county executive, subject to confirmation by a majority of the county
`'1 council. The director shall be appointed for an indefinite period and serve at the will of
2 the county executive.
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24 B. It is the responsibility of the director to hire department staff in accordance
25 with the personnel policies and procedures of the county, and any other applicable laws
26 and regulations.
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28 2.75.030 Duties. A. The Maintenance and Transportation Services
29 department shall be responsible for the planning, engineering, construction, and
30 maintenance of roads, ferries, paths, trails, bridges, pits, quarries, and other methods,
31 structures, and appurtenances relating to transportation systems within the county. In
32 addition the department will be responsible for design; repair, construction and
33 maintenance of buildings, facilities, vehicles and related equipment, along with river
34 improvement, dikes and other civil engineering projects as directed.
35
36 B. The director, or subordinate or subordinates designated by the director, shall
37 serve as the county engineer and as any other official responsible for administration of
38 ordinances of the state and county that fall under the purview of this department.
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40 2.75.090 Severability. If any portion of this chapter shall be found unlawful,
41 all remaining portions shall remain in effect.
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AB 92 -391 B ATTACHMENT C
1 Chapter 2.10
2
3 Rental and Revolving Fund
4
5 Sections
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7 2.10.010 Fund established.
8 2.10.020 Purpose.
9 2.10.030 Continuation of assets.
10 2.10.090 Severability.
11
12 2.10.010 Fund established. Pursuant to RCW 36.33A, upon repeal of WCC
13 2.74 there is hereby established in the county treasury a "rental and revolving fund,"
14 herein after referred to as "the fund," to be managed using generally accepted
15 accounting principals by the appropriate county financial authority as specified by the
16 county executive, effective November 1, 1993; provided that .the county executive many
17 take preliminary and transitional steps necessary for the implementation of this chapter.
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19 2.10.020 Purpose. The fund shall serve as a set of accounts designed for
20 replacement capital accumulation and ongoing maintenance, repairs, services and
21 supplies expenses for equipment used in county road operations; for the purchase of
L2 equipment, materials, supplies and. services required in the administration and operation
23 of the fund; and for the purchase or manufacture of materials and supplies needed in
24 county road operations. Such other county -owned facilities, vehicles, and equipment or
25 categories of the same, as may be designated by the county executive and approved by
26 the county council, shall be managed through the fund in a manner consistent with that
27 noted herein. The fund shall maintain necessary records for proper financial controls,
28 and shall be supported by rental or direct charges to operating departments for use of
29 the facilities, equipment, vehicles, supplies and other assets of the fund, consistent with
30 the requirements set forth in RCW 36.33A.
31
32 2.10.030 Continuation of assets. The assets and liabilities including, but not
33 limited to, buildings, land, vehicles, heavy equipment, and other items contained in the
34 former equipment rental and revolving fund in the former Equipment Rental division
35 shall be continued in this fund.
36
37 2.10.090 Severability. If any portion of this chapter shall be found unlawful,
38 all remaining portions shall remain in effect.
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FIWIM "331'i:3
Chapter 2.31
Planning Commission
Sections
2.31.010
Commission re- established.
2.31.020
Purpose.
2.31.025
Duties.
2.31.030
Membership.
2.31.031
Continuity from planning commission.
231.090
Severability.
ATTACHMENT D
2.31.010 Commission established. There is hereby re- established a county
Planning Commission as provided for in RCW 36.70.040.
2.31.030 Purpose. The purpose of the Planning Commission is to provide
citizen review and recommendations on planning related matters to the county council.
2.31.025 Duties. The Planning Commission shall assist the Planning and
Development Services department in carrying out its duties, including assisting in the
preparation and execution of the comprehensive plan and recommendations to the
department for the adoption of official controls and /or amendments thereto. The
Planning Commission shall conduct such hearings as may be required under RCW 36.70,
and shall make findings and conclusions therefrom which shall be transmitted to the
Planning and Development Services department. The Planning and Development
Services department shall transmit the recommendations of the Planning Commission to
the county council with such comments and recommendations the department deems
necessary.
2.31.030 Membership. There shall be nine members of the Planning
Commission, three of whom shall be appointed from each county council district.
Members shall be citizens not serving in elective county offices. Appointment shall be in
compliance with Chapter 2.03 of the Whatcom County Code. .
2.31.031 Continuity from Planning Commission. Upon adoption of this
ordinance, all members of the former Planning Commission shall continue in the same
status and terms of office as the newly- created Planning Commission, without
interruption. All projects or other business before the former Planning Commission shall
also continue without interruption.
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AB 92 -391 B
ATTACHMENT D
1 2.31.090 Severability. If any portion of this chapter should be found
2 unlawful, all other portions shall remain in effect.
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AB 92 -391 B
Chapter 2.03
Boards and Commissions
ATTACHWENT E
2.03.020 Terms. The term of office for the board of equalization shall be
three years pursuant to RCW 84.48.026. All other appointments to boards and
commissions of non - council members made by the council shall be for a term of four
years, except for those appointments made to fill an incomplete term in which case it
shall be for the balance of that term.
2.03.025 Removal. In circumstances where the council has the authority to
remove from office a member of a board, committee, or commission, the council shall
make such removal only upon the proper grounds specified in law. In the absence of
such guidance in law, the council shall not remove a member from office without having
given the member an opportunity to be heard by the council, if so requested.
2.03.030 Limited terms. No t {`'t >` t member shall
serve more than two consecutive full terms.
2.03.040 Executive's terms. Those positions to which the county council
appoints the executive to serve shall be for his /her term of office.
2.03.050 Effective date. The term of office shall apply to all appointments
made by the county council since May 1, 1979.
2.03.060 Appointment of non - council members to boards, commissions and
committees. For appointment of non - council members to those boards, commissions and
committees performing either an administrative or a legislative function, council
members shall make nominations and provide information about their nominees, in
writing, if possible, at a regularly scheduled council meeting. Nominations for
appointment to any position having a residency requirement as to councilmanic district
shall be made only by the council members from the district or the council member at
large. Voting on these nominations shall be at the next regularly - scheduled council
meeting unless the council, by a two- thirds vote, requests otherwise. Such appointments
shall be made by majority roll call vote of the council.
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AB 92 -391 B ATTACHMENT E
2 ` 1! X: 31E1' V'r t: i7J. Ck3:i ?34`Ldcii:'.5�i%iX.fa7X:1 Ta
vy \ii <j•.;:;::iii%:Y.,v:jri< {• yii \ :: ri:4: .i{::>r 2: il. }iY}ivii: i$Ci•: {i: `:ii: i::i{:: ii'riiii:::{
3
4 2.03.070 Confirmation of appointments. A. Council confirmation of
5 executive appointments shall be handled in the following manner: The executive shall
6 present in writing to the council office no later than sever days before the council
.7 meeting at which action is requested, the names of his appointments, positions and terms
8 to which they are to be appointed, information on the appointees' qualifications or
9 background, and any other information he deems appropriate, except in the case of
10 executive appointments to executive and administrative offices, in which case, this
11 information shall include a job description and a resume. This information shall also be
12 made available upon request to the public. .
13 B. For nominees to boards and commissions, council members will individually
14 be responsible for meeting or contacting the individuals prior to the council's
15 consideration of the nominee.
16 C. For nominees to executive and administrative offices, the council chairperson
17 may arrange for the council interview of the nominee prior to the regularly- scheduled
18 council meeting at which such appointment will be considered.
19 . D. The names of appointees by the executive, and the names of nominees by
20 council members, together with the offices to which they are nominated, shall be
21 published in the agenda for the council meeting at which action is to be taken in filling a
i position or confirming an appointment.
z3 E. The council shall confirm or reject appointments by the county executive
24 within thirty days of the date the names are submitted to it; failure to act within this
25 time period shall cause the appointees to be deemed confirmed. Confirmation or
26 rejections shall be by majority roll call vote.
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AB 92 -391 B
2.04.010
ATTACH M ENT F
Chapter 2.04
Fire Marshal
Establishment and appointment. A. (No change to this section)
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Oil
Ir ARM
M.
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