NO.
WHATCOM COUNTY COUNCIL AGENDA BILL
CLEARANCES
Originator:
Joshua Fleischmann
Division Head:
Mark Personius
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Prosecutor:
Royce Buckingham
Date Received in Council Office
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Dept. Head:
Sam Ryan
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Agenda Date
1112212016
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Assigned to:
Introduction
NR I Council
12/6/16
NOV f 5 2016
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Purchasing/Budget:
Executive:
Jack Louws
Date
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2016-364
COUNTY
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TITLE OF DOOdMENT:
Amendment to Whatcom County Code Title 2, Chapter 2.120, Section 2.120.040 Membership-Term of Office
for the Surface Mining Advisory Committee
ATTACHMENTS:
1. Cover letter
2. Draft Ordinance and Exhibit
SEPA review required?
SEPA review completed?
(
(
) Yes
) Yes
(X) NO
(X) NO
Should Clerk schedule a hearing?
Requested Date:
(
) Yes
(X) NO
SUMMARY STATEMENT 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.)
The proposed amendments would change the member terms of the Surface Mining Advisory Committee from 2
years to 4 years. Three committee members' first term would be extended by 2 years. Six committee members'
second term would be extended by 2 years.
COMMITTEE ACTION:
COUNCIL ACTION:
11/22/2016: Introduced 7-0
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
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
J.E. "Sam" Ryan
Director
WHATCOM COUNTY
Planning & Development Services
5280 Northwest Drive
Bellingham, WA 98226-9097
360-778-5900, TTY 800-833-6384
360-778-5901 Fax
Memorandum
It'
TO:
Whatcom County Council
FROM:
Joshua Fleischmann, Planner
THROUGH:
Mark Person ius, Assistant Director tu f
DATE:
November 10, 2016
SUBJECT:
Amendment to Whatcom County Code Title 2, Chapter 2.120,
Section 2.120.040 Membership- Term of Office for the Surface
Mining Advisory Committee
The proposed ordinance will amend Section 2.120.040 Membership -Term of Office
for the Surface Mining Advisory Committee (SMAC). Presently, member terms are
two years long. The proposed amendment would change the member terms to four
years. The present term of each committee member would therefore be extended
by two years.
Six of the ten appointed members' 2nd two-year terms are expiring and they are
not currently eligible to reapply. The other three members (1 position is vacant)
have yet to attend a meeting, as the last SMAC meeting was in December 2014.
Under the current county code, in 2017 only 1 of the 11 members (representative
of agriculture from the Conservation District which is not appointed and therefore
not counted above) will have attended a SMAC meeting.
As part of the 2016 Comprehensive Plan Update, an existing policy was amended in
part to read:
•
Policy 8Q-1: Through a county-led countywide assessment, seek to identify
and designate potential commercially significant mineral resource lands, to
meet future demand, compatible with water resources, agricultural lands,
forest lands and other GMA goals.
A county-led countywide assessment was recommended and supported by the
Whatcom County Surface Mining Advisory Committee, Planning Commission, and
County Council.
Whatcom County PDS is planning to begin review of potential mineral resource
lands at the countywide level this winter. The six members presently not eligible to
reapply to the committee are familiar with the mineral resource lands portion of the
zoning code and comprehensive plan and provided review and comments as part of
the development of the Aggregate Resource Inventory 2014 Study Update that
helps provide a basis for the countywide review. These six members have shown
interested in continuing to serve on the committee.
Staff believes that this amendment is in the best interested of the stability of the
Surface Mining Advisory Committee, as it allows members to serve up to eight
years on the committee instead of four years. Staff also believes that the continuity
to the current committee offered by this amendment will allow for a more efficient
countywide review of potential designation of mineral resource lands.
If you have any questions, please contact Joshua Fleischmann at
[email protected].
PROPOSED BY: --"-'JRF"-=-__ __
INTRODUCTION DATE: 11122/2016
ORDINANCE#_ _ _ _ __
AMENDMENT TO WHATCOM COUNTY CODE TITLE 2, CHAPTER
2.120, SECTION 2.120.040 MEMBERSHIP-TERM OF OFFICE FOR THE
SURFACE MINING ADVISORY COMMITTEE
WHEREAS, The Whatcom County Surface Mining Advisory Committee is comprised
of 11 members appointed by the County Council; and
WHEREAS, Member terms are two years long; and
WHEREAS, Appointments to boards, committees and commissions made by the council
may be for a term up to four years; and
WHEREAS, No board, commission or committee member shall serve more than two
consecutive full terms; and
WHEREAS, Six committee members' 2nd two-year terms are expiring and they are currently
not eligible to reapply; and
WHEREAS, One position is currently vacant; and
WHEREAS, The Surface Mining Advisory Committee has not met since December 20 14;
and
WHEREAS, Under the current county code, in 2017 only 1 of 11 members will have
attended a meeting; and
WHEREAS, Whatcom County is beginning work on a county-wide review of Designated
Mineral Resource Lands; and
WHEREAS, The current Surface Mining Advisory Committee members are familiar with
the mineral resource lands portion of the zoning code and comprehensive plan; and
WHEREAS, The current Surface Mining Advisory Committee provided review and
comments as part of the development of the Aggregate Resource Inventory 2014 Study Update that
helps provide a basis for the county-wide review of Designated Mineral Resource Lands; and
WHEREAS, All six committee members not presently eligible to reapply are willing to
continue serving on the committee.
NOW, THEREFORE, BE IT ORDAINED that the current terms of the following SMAC
positions be extended from 2 years to 4 years; thereafter the terms will be for four years:
•
•
Surface Mining Material User, term will expire January 31,2019
Geologist, term will expire January 31, 2019
!:\Planning Division\Long Range Planning\Mining\surface-mining-advisory-committee\tenn-limit-ordinance-20 161 I04.doc
P. I
•
•
•
•
•
•
•
Potable domestic groundwater supply (preferably a public water system
representative or private well owner), term will expire January 31, 2020
Civil or geo-technical engineer with no direct or indirect financial business ties to the
industry, term will expire January 31, 2019
Citizen who lives in close proximity to active mining or mineral overlay areas, term
will expire January 31, 2019
Forestry, term will expire January 31, 2019
Member of the Surface Mining Industry, term will expire January 31, 2019
Member of the Surface Mining Industry, term will expire January 31, 2019
Environmental Consultant, term will expire January 31, 2019
NOW, THEREFORE, BE IT FINALLY ORDAINED that Whatcom County Code
Chapter 2.120 be amended as shown in Exhibit A.
ADOPTED this _ _ _ _ day of _ _ ______/ 2016
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown-Davis, Council Clerk
Barry Buchanan, Chairperson
APPROVED as to form:
()Approved
()Denied
Jack Louws, Executive
Date: --------------------
!:\Planning Division\Long Range Planning\Mining\swface-mining-advisory-committee\tenn-limit-ordinance-20 1611 04.doc
P. 2
Exhibit A
Title 2 Administration and Personnel Amendments
Chapter 2.120
SURFACE MINING ADVISORY COMMITTEE
2.120.040 Membership -Term of Office
A. The committee shall consist of the following individuals:
1. One civil or geotechnical engineer with no direct or indirect financial
business ties to the industry;
2. One material user;
3. One geologist;
4. Two members of the surface mining industry;
5. One citizen who lives in close proximity to active mining, mineral overlay
area, or quarry;
6. One representative of agriculture from the conservation district;
7. One representative of forestry;
8. One representative of ground water as a potable, domestic supply,
specifically a public water system or private well owner;
9. One ecologist;
10. One environmental consultant.
B. Committee members shall be appointed by the county council. Member terms
will be twa four years; provided, that terms of members first appointed 'l.:ill be
staggered so that half of the committee members shall be appointed for one
year. (Ord. 2000-017).
C. When considering applications for appointments to this committee, county
council should stagger the terms such that the term limit requirement in wee
2.03.030 does not cause more than five positions to expire simultaneously.
1