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HomeMy WebLinkAboutord2024-008strikeWhatcom 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 Department: Planning and Development Services Department Entered by: CStrong@co.whatcom.wa.us File Type: Ordinance Assigned to: Council Final Action: 02/06/2024 Agenda Date: 02/06/2024 Enactment #: ORD 2024-008 Related Files: Primary Contact Email: cstrong@co.whatcom.wa.us TITLE FOR AGENDA ITEM: 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 211V2024 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. ADOPTED this 6th day of February 2024. WHATCOM COUNTY,,GOUNCIL, WHATCOM COUNTY,,4--WASHINGTON TTE } tlJ 6 COU1t k TLIU4 Dana Brown=DGlerk Barr u hanan, Council Chair APPROVED as to form: A oved ( ) Denied /s/Royce Buckingham approved via email on 1/31/2024/MR Royce Buckingham, Civil Deputy Prosecutor Satpal Sidhu, Aecutive Date: WarQg& tA Page 1 of 1 Exhibit A: Proposed Amendments to Certain Administrative Functions Version with Jill Nixon's suggested edits, 1/23/24 1) Amending the Qualifications for being Appointed to the Wildlife Advisory Committee (WAC) 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 be a qualified "^^isteFed ^*^•live in Whatcom County or a444 be a member or employee of the agency or group ,he eF she isthey are appointed to represent. 2) Cleaning up the Agricultural Advisory Committee code Chapter 2.34 Agricultural Advisory Committee 2.34.010 Established. There is hereby established the Whatcom County aAgricultural aAdvisory sCommittee (AAC). 2.34.020 Purpose. The aAgricultural aAdvisory sCommittee 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 c-County cCouncil 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, aad-annexation issues, and land use of -proposals that wdirectly affect lands or agricultural activities in or adjacent to the aAgricultural district, the aAgricultural pErotection o0verlay dDistrict, 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 which affect agriculture at the county, regional, state, and federal levels; and D. A&r; , 1 pon request of the Ddirector of Planning and dDevelopment &Services, assist that department by providing review and comment on comprehensive planning and zoning related Exhibit A: Proposed Amendments to Certain Administrative Functions issues in or adjacent to the aAgricultural district or the aAgricultural pErotection o0verlay 4District, 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 Ce�►ty onservation dDistrict board, one representative from Whatcom Family Farmers, one representative from the agricultural processing industry, one member Citizen representing consumers of agricultural products, and one eitizen member with expertise in agricultural programs. The remaining 68 voting positions are to include agricultural producers representing both large- and small -_scale 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 rre�Conservation dDistrict staff, and agriculturally involved youth (such as Future Farmers of America) Department of Planning and r,,,.,,,l,,.,... ent Services well may serve on the committee in an ex officio capacity. B. The eCounty eExecutive will appoint the voting eitizen committee members with final confirmation by the c-County eCouncil. GitizenVqtipgAppointed 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 forth,-conducting-ef 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 pPlanning and dDevelopment &Services depaFtment shall provide staffing for the committee. The committee is authorized to request from the eExecutive's office information from administrative departments as necessary. 3) Amending the Composition of the Conservation Easement Program Oversight Committee (CEPOC) 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 seven 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 thee -farmers, one farmer or forestry representative, one Exhibit A: Proposed Amendments to Certain Administrative Functions individual representing farm -supporting businesses, one individual possessing real estate experience, one Eitiien individual (nonfarmer) from the unincorporated county, a+44-one individual e+t+zee (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 votinR.Ne FnembeFs may have an ownership inteFest in any of the lands H uh..itted- fe.r p .-Ghase p nt tp the; c-hapteF 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 preside at its meetings. A quorum shall consist of few -five members present and the committee shall operate on a "majority rule" basis.