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HomeMy WebLinkAboutres2015-046cleanWHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 -319 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: �i4- I� October 27, 2015 acFCZDBS Introduction Paula J. Harris, P. E. VV C (0` � V E Division d. �` November 10, 2015 WCFCZDBS Hearing GarvStovka U ll OCT 2 0 2015 Dept Head: Jon Hutchins wHATC,OM COUNTY Chief Civil Deputy Prosecutor: I`' 1, _ Dan Gibson //��� COUNCIL Purchasmg/Budget: /1 Brad Bennett A6 Executive: Jack Louws TITLE OF DOCUM . A Resolution by the Governing Body of the County-Wide Flood Control Zone District (WCFCZD) Amending the Bylaws of the Whatcom County Flood Control Zone District Board of Supervisors ATTACHMENTS. Cover Memorandum SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: November 10, 2015 SUMMARYSTATEMENT 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.) This resolution clarifies the budget section of the bylaws of the WCFCZD Board of Supervisors so that the budgeting process for the FCZD is performed annually as prescribed in RCW 86.15.140. COMMITTEE ACTION. COUNCIL ACTION. 10/27/2015: Introduced 6 -0, Sidhu absent (Council as the FCZDBS) 11/10/2015: Approved 7 -0, Res. 2015 -046 (Council acting as the FCZDBS) Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Res. 2015 -046 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. FCZD by -law changes resolution PROPOSED BY: Public Works INTRODUCED: October 27, 2008 RESOLUTION NO. 2015 -046 (A resolution of the Whatcom County Flood Control Zone District Board of supervisors) AMENDING THE BYLAWS OF THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS WHEREAS, on October 22, 1991, the Whatcom County Council adopted Ordinance 91 -076 creating a county -wide Flood Control Zone District and establishing that the County Council members sit, ex officio, as the Board of Supervisors for the District, and WHEREAS, Resolution 92 -014 of the Whatcom County Flood Control Zone District Board of Supervisors was adopted to provide a set of by -laws for the Board of Supervisors and provided, among other things, that pursuant to the authorizing state statute, the County Council sits as the Board of Supervisors; and WHEREAS, in 1998 the Whatcom County Auditor's Internal Audit Division reviewed the operations and governing documents of the District and made several findings that clarity and definition of the relationship between the District and the County should be improved, recommending changes in the District's By -laws, a formal interlocal agreement between the County and the District, and additional distinction between the County's finances and the District's; and WHEREAS, in response to the findings in the audit, the District agreed to make amendments to the FCZD governing documents to "clearly define and separate the functions of the FCZD and the County, both organizationally and financially .... as an integral part of the 1999 budget process "; and WHEREAS, the subsequent legislation by the County Council, Ordinance 98 -085, called for the addition of the County Executive to the FCZD Board of Supervisors, dividing legislative and administrative authorities of the FCZD in a way similar to the way those duties are divided for the County in the Home Rule Charter; and WHEREAS, in an effort to assist in clarifying and distinguishing between the actions of the County Council and those of the FCZD Board of Supervisors, and to directly respond to the 1998 audit findings, the respective roles of the two governments were more formally enumerated in a formal interlocal agreement adopted in 2011 as well as in an amendment to the bylaws adopted by resolution 2008 -080; and; WHEREAS, the interlocal agreement and adopted bylaws include provisions for adopting two annual budgets for the FCZD in the context of the County's biennial budgeting process, and WHEREAS, the effort required to develop two annual budgets in the first year of the County's biennium and revise the second year budget through the supplemental budget process exceeds the effort needed to developed an annual budget each year, and WHEREAS, RCW 86.15.140 requires that the FCZD adopt a budget annually; NOW THEREFORE BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that the By -Laws of the FCZD Board of Supervisors are hereby amended as outlined in Exhibit A to this resolution. APPROVED this 10thday otNovember, 2015. 01%jillllfrt' ATTEST`'��1 e 7 Dana'Arown- paws, Cleric of the Council APPROVED AS TO FbkRA :ll 4 i r } Chief Civil Deputy Prosecutor WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair EXHIBIT A Chapter 100.01 BYLAWS OF THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS Sections: 100.01.010 Membership. 100.01.020 Powers. 100.01.030 Meetings. 100.01.040 Meetings — Sturgis Standard Code of Parliamentary Procedure. 100.01.050 Quorum, agenda and conduct of business. 100.01.060 Staff. 100.01.070 Resolutions of the board. 100.01.080 Budget. 100.01.090 Documents — Form. 100.01,100 Records. 100.01.010 Membership. Whatcom County councilmembers and the county executive shall be the board of supervisors of all flood control zone districts created within Whatcom County; provided, that the authorities and duties of the legislative and executive components of the board of supervisors be apportioned and performed in the same manner as that provided by the Whatcom County Home Rule Charter, as presently constituted and as it may hereafter be amended, for the governance of the affairs of the county; and further provided, that the county executive shall have no role in the legislative process of the board of supervisors, including the approval or veto of any legislative action of the board. (Res. 2008 -080 Exh. B). 100.01.020 Powers. The powers of the district are as stipulated in RCW 86.15.080. Administration of the district shall be carried out by the county flood control engineer in accordance with RCW 86.15.060 and all resolutions of the board, subject to the administrative control and direction of the county executive, pursuant to the Home Rule Charter of Whatcom County. The county executive and his designees may sign on behalf of the district any and all contracts, and any agreements with state, local, federal or other agencies, together with amendments to such agreements, certifications or other documents related to such agreements, that are necessary or related to carrying out any project in an annual work program approved by the board of supervisors. Purchasing and contracting policies of Whatcom County are adopted by reference for use by the district, with the substitution of the board of supervisors in the role of the Whatcom County council. (Res. 2008 -080 Exh. B). 100.01.030 Meetings. The board will meet as often as there is business to conduct and, whenever possible, the meetings will take place on the same dates scheduled for county council meetings. Special meetings may be called by the chairperson as required, provided proper public notice and notice to board members is given. Meetings of the board are subject to the state's Open Public Meetings Act. (Res. 2008 -080 Exh. B). 100.01.040 Meetings — Sturgis Standard Code of Parliamentary Procedure. Board business shall be conducted pursuant to "Sturgis Standard Code of Parliamentary Procedure," latest edition, except when in conflict with the standing rules of the board. (Res. 2008 -080 Exh. B). 100.01.050 Quorum, agenda and conduct of business. Requirements for a quorum and procedures for the agenda and conduct of business of the board shall be the same as those for the county council under Chapter 2.02 WCC. (Res. 2008 -080 Exh. B). 100.01.060 Staff. The clerk of the council shall provide primary staff support to the board, with other council staff members assisting the board as needed. The board will be advised by, and may assign tasks to, a flood control advisory committee in consultation with the county's flood control engineer. (Res. 2008 -080 Exh. B). 100.01.070 Resolutions of the board. The introduction, publication, consideration and adoption of resolutions of the board which carry the force of law or which exercise the powers of the board as listed in RCW 86.15.080 shall be accomplished following the same procedure as that used for ordinances of the Whatcom County council, except where otherwise stipulated by state law. (Res. 2008 -080 Exh. B). 100.01.080 Budget. The budget for the flood control zone district shall be prepared by the county flood control engineer and reviewed by the flood control zone district advisory committee prior to submittal to the board of supervisors. Consistent with RCW 86.15.140, the district's budget will be adopted annually. (Res. 2008 -080 Exh. B). 100.01.090 Documents — Form. Official documents issued by order of the board should be easily distinguished from documents issued by order of the county council. A format for resolutions of the board shall be established by the clerk of the council. (Res. 2008 -080 Exh. B). 100.01.100 Records. Actions of the board and minutes of the board meetings shall be maintained in the same manner as are council records and, if appropriate, may be filed, recorded and stored within existing systems in the council office. The clerk will keep a separate index of actions taken by the board. (Res. 2008 -080 Exh. B).