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Home My WebLink Aboutord2001-032WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 - 217 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Ong. Dept.: County Council 06/2012001 ',E LE JUN 2 0 2001 yI A� r.� WHATCOM COUNT`! COUNCIL 06/262001 Introduction Division Head: Dept. Head: � �� OI Prosecutor: Budget: Executive: SUBJECT: Ordinance amending Whatcom County Code Section 3.25 - Conservation Futures ATTACHMENTS SUMMARYSTATEMENT: Related County Contract# _. Should the Clerk schedule a hearing '7(YM Y Requested Date; 07 /10 /2001 Ordinance amending Winatcorn County Code Section 3.25 - Conservation Futures RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN. 2001 - 217 6/2612001: Introduced 7/10/2001: Adopted 4 -3, McShane, Imhof, Nelson opposed, Ord. #2001-032 7/19/2001: Ordinance 2001 -032 was vetoed by County Executive Kremen Related File Numbers: Ordinance or Resolution Number (this item only): .R.D.A=2001- 032 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225 -4082 MEMORANDUM TO: L. Ward Nelson, Chair Whatcom County Council FROM: Pete Kremen County Executive DATE: July 19, 2001 SOOM CO h\ INO� Pete Kremen County Executive SUBJECT: Veto of Conservation Futures Property Tax Levy and Fund #2001 -032 According to Whatcom County Code Section 2.30, the following is my objection to the above - listed ordinance. This is sent to you to be entered in the journal of council proceedings. I highly value our rich agricultural heritage and am committed to take necessary and appropriate measures to promote its continuance as a vital part of this community now and in the future. While I support and applaud the intent of the council to spotlight their concern that agricultural farmland within Whatcom County be protected and preserved, I am compelled by my concern for the citizens of Whatcom County to veto this ordinance. The limiting and prohibitive insertion of rigid and potentially self - defeating percentages for distribution of these funds could undermine and limit the spirit and intent by the voters for the use of Conservation Futures Property Tax Levy and Fund. If this amendment is adopted into law as written, it will inhibit our ability to fully maximize the use and benefits of the Conservation Futures Fund. I am also concerned there was an apparent lack of public awareness that this issue was being considered by the council. There was no citizen input, nor testimony, given either in favor or in opposition at the public hearing. 1 believe this proposed significant change to a real property tax measure passed by the voters deserves deeper contemplation and public involvement. It would not be prudent to place the executive seal of approval on a document that could have such a dramatic impact on the way the county acquires rights and interests in land under this ordinance. Therefore, I am vetoing Ordinance #2001 -032. In keeping with the spirit in which the council offered the above ordinance, I am submitting a resolution for the council to consider that addresses the goals and objectives of preserving our agricultural farmland. /@ Pee Kremen Date: County Executive Office (360) 676 -6717 County (360) 384 -1403 FAX (360) 676 -6775 TDD (360) 738 -4555 Conservation Futures Amendment.619 SPONSORED BY: Consent PROPOSED BY: Dawson, Hoag INTRODUCTION DATE: June 26, 2001 ORDINANCE NO. 2001 -032 AMENDING WHATCOM COUNTY CODE 3.25, CONSERVATION FUTURES PROPERTY TAX LEVY AND FUND WHEREAS, on January 7, 1992, the Whatcom County Council adopted Ordinance 92 -002, imposing a conservation futures tax levy on all taxable real property within Whatcom County; and WHEREAS, Ordinance 92 -002 also established a Conservation Futures Fund to be credited with all the taxes levied pursuant to the ordinance; and WHEREAS, all the Conservation Futures Funds collected and utilized to date have been used to protect and preserve park land; and WHEREAS, it is also extremely important that we protect and preserve farm, agricultural, and other lands within Whatcom County for historical, as well as economic reasons. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 3.25 is hereby amended as outlined in Exhibit A to this ordinance. ADOPTED this 10 day of July , 2001. ZL � Dana Brown -Davis Clerk of the Council PROVED AS TO FORM: Davk Grant Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL �WHATCOM COUNTY, WASHINGTON L. Ward NelsMn Council Chair ( i•Ap)5} ed ( enied Pete Kremen County Executive EXHIBIT A Chapter 3.25 CONSERVATION FUTURES PROPERTY TAX LEVY AND FUND Sections: 3.25.010 Tax imposed. 3.25.020 Fund established. 3.25.030 Use of proceeds. 3.25.010 Tax imposed. Pursuant to RCW 84.34.230, there is hereby imposed a real property tax levy to be applied against all taxable real property within Whatcom County. The levy shall be applied at a rate of six and one - quarter cents per $1,000 of assessed valuation. (Ord. 92 -002 (part)). 3.25.020 Fund established. A special revenue fund shall be established, as provided for in RCW 84.34.240, which shall be known as the conservation futures fund and to which shall be credited all taxes levied pursuant to this chapter. The executive office shall act as manager of the fund. (Ord. 92 -002 (part)). 3.25.030 Use of proceeds. The amounts placed in the conservation futures fund shall be used solely to acquire rights and interests in land as defined in RCW 84.34. The county shall utilize the funds as follows: 50% to acquire development rights of farm and agricultural land and 50% to acquire other land as deemed necessary open spae and `--- and agrleultuFal 'and, and t FnbeF land, as sueh are defined in RGW GhapteF 84.34, so a to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the property for public use or enjoyment. No revenue generated by this tax shall be used for the acquisition of any real property or interest in real property through the use of eminent domain. (Ord. 92 -002 (part)).