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Home My WebLink Aboutord2024-008Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 ' Bellingham, WA 98225-4038 (360)778-5010 Agenda Bill Report File Number: AB2024-088 File ID: AB2024-088 Version: 1 Status: Adopted File Created: 01/12/2024 Entered by: CStrong@co.whatcom.wa.us Department: Planning and File Type: Ordinance Development Services Department Assigned to: Council Agenda Date Related Files: 02/06/2024 Primary Contact Email: cstrong@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 02/06/2024 Enactment #: ORD 2024-008 Ordinance adopting amendments to Whatcom County Code Title 2 (Administration and Personnel) and 3 (Revenue and Finance) to amend the qualifications for serving on the Wildlife Advisory Committee, the composition of the Conservation Easement Program Oversight Committee, and cleaning up the Agricultural Advisory Committee code SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Proposed ordinance adopting amendments to Whatcom County Code Title 2 (Administration and Personnel) and 3 (Revenue and Finance) to amend the qualifications for serving on the Wildlife Advisory Committee, the composition of the Conservation Easement Program Oversight Committee, and cleaning up the Agricultural Advisory Committee code HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 01/23/2024 Council SUBSTITUTE INTRODUCED Council Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 02/06/2024 Council ADOPTED Aye: 4 Buchanan, Donovan, Galloway, and Scanlon Nay: 3 Byrd, Elenbaas, and Stremler Whatcom County Page 1 Printed on 211212024 Agenda Bill Report Continued (AB2024-088) Attachments: Staff Memo, Proposed Ordinance, Substitute Proposed Ordinance, Revised Substitute Ordinance Whatcom County Page 2 Printed on 211212024 PROPOSED BY: INTRODUCTION DATE: 1/23/2024 ORDINANCE NO. 2024-008 ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLES 2 (ADMINISTRATION AND PERSONNEL) AND 3 (REVENUE & FINANCE) TO AMEND THE QUALIFICATIONS FOR SERVING ON THE WILDLIFE ADVISORY COMMITTEE, CLEANING UP THE AGRICULTURAL ADVISORY COMMITTEE CODE AND AMENDING THE COMPOSITION OF THE CONSERVATION EASEMENT PROGRAM OVERSIGHT COMMITTEE WHEREAS, the Wildlife Advisory Committee would like to be able to have a representative of a state or federal wildlife agency as one of their members, but WCC 2.118.040 precludes such a representative if they don't live and vote in Whatcom County; and, WHEREAS, the Agricultural Advisory Committee wishes to clean up its establishing code; and, WHEREAS, the Conservation Easement Program Oversight Committee would like to have as members representatives of the forestry industry and a conservation easement -holding entity, but WCC 3.25A.060 doesn't require this; and; WHEREAS, the Conservation Easement Program Oversight Committee would like to allow members to participate in the Conservation Easement Program as long as they recuse themselves from voting if they have ownership interest in the land, but WCC 3.25A.060.A.1 does not allow this; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A. Section 2. Staff is authorized to work with Code Publishing to correct and update any cross- references made ineffective by these amendments. 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. �0%%i1B@€Ef111,111 ADOPTEDtth19 16t -bf, February 2024. W HAT�iI"��U'lyC6i NC° WHA'CZ T;QN. ®C OOUNT TT� a Dana Brow n'D�r�i,�,.i�h,Cl°erk BarrVv hanan, Council Chair APPROVED as to form:. Aed ( ) Denied /s/Royce Buckingham approved via email on 1/31/2024/MR Royce Buckingham, Civil Deputy Prosecutor Satpal Sidhu, E ecutive Date`,. Page 1 of 1 Exhibit A: Proposed Amendments to Certain Administrative Functions Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.118 Wildlife Advisory Committee 2.118.040 Qualifications. To qualify for County Council appointment to the Wildlife Advisory Committee, a person shall live in Whatcom County or be a member or employee of the agency or group they are appointed to represent. Chapter 2.34 Agricultural Advisory Committee 2.34.010 Established. There is hereby established the Whatcom County Agricultural Advisory Committee (AAC). 2.34.020 Purpose. The Agricultural Advisory Committee provides review and recommendations to the Whatcom County Council on issues that affect agriculture in Whatcom County. The AAC also provides a forum for farmers and others interested in enhancing and promoting the long-term viability of Whatcom County agriculture. 2.34.030 Function. To report directly to the County Council or other appropriate advisory boards, commissions, and committees as necessary to carry out the following functions: A. Review and provide recommendations on zoning, comprehensive plan, subarea plans, regulations, annexation issues, and land use proposals that directly affect lands or agricultural activities in or adjacent to the Agricultural district, the Agricultural Protection Overlay District, or other lands of agricultural significance; and, B. Assist the County and make recommendations in the effort to establish, promote, and implement a comprehensive agricultural protection/preservation program; and, C. Analyze and develop recommendations that will assist the County in addressing other issues that affect agriculture at the county, regional, state, and federal levels; and D. Upon request of the Director of Planning and Development Services, assist that department by providing review and comment on comprehensive planning and zoning related issues in or adjacent to the Agricultural district or the Agricultural Protection Overlay District, or other lands of agricultural significance. 2.34.040 Membership —Term of office. A. The committee shall consist of no more than 13 voting members, consisting of one member from the Whatcom Conservation District board, one representative from Whatcom Family Farmers, one representative from the agricultural processing industry, one member representing consumers of agricultural products, and one member with expertise in agricultural programs. The remaining 8 voting positions are to include agricultural producers representing both large- and small-scale Exhibit A: Proposed Amendments to Certain Administrative Functions producers of the various agricultural commodities produced in Whatcom County. A quorum shall consist of at least half of the appointed voting members. In addition to the voting members, a representative of Washington State University Extension, Natural Resources Conservation Service, Whatcom Conservation District staff, and agriculturally involved youth (such as Future Farmers of America) may serve on the committee in an ex officio capacity. B. The County Executive will appoint the voting committee members with final confirmation by the County Council. Appointed member terms will be four years. 2.34.050 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 committee shall determine its own meeting schedule, but shall meet at least four times per year. At every meeting, the committee will schedule an open session to take public comment on agricultural issues. Written 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 conducting business. The committee shall elect a chairperson from among its members who shall preside at its meetings. 2.34.060 Committee staffing. The Whatcom County Department of Planning and Development Services shall provide staffing for the committee. The committee is authorized to request from the Executive's office information from administrative departments as necessary. Title 3 REVENUE AND FINANCE Chapter 3.25A Whatcom County Conservation Easement Program 3.25A.060 Conservation easement program oversight committee established — Powers and duties. A. Establishment. The CEP oversight committee is hereby established, as follows: 1. The committee shall consist of nine members appointed by the County Executive and confirmed by County Council. Each member shall be a resident in and of Whatcom County. The committee shall be comprised of two farmers, one farmer or forestry representative, one individual representing farm -supporting businesses, one individual possessing real estate experience, one individual (nonfarmer) from the unincorporated county, one individual (nonfarmer) from an incorporated city, one member with expertise in agricultural programs, and one conservation easement -holding entity. Any member who has an ownership interest in the land submitted for participation in the program shall recuse themselves from voting. D. 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 committee shall determine its own meeting schedule but shall meet at least annually. A public comment period will be provided at each meeting. Written records of meetings, decisions, 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 Exhibit A: Proposed Amendments to Certain Administrative Functions preside at its meetings. A quorum shall consist of five members present and the committee shall operate on a "majority rule" basis.