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1 WHATCOM COUNTY COUNCIL AGENDA BILL NO CLEARANCES ltjitial Date Date Received in Council Office Agenda Date Assigned to: Introduction Originator: Joshua Fleischmann Division Head: Mark Personius Dept. Head: Sam Ryan Prosecutor: Royce Buckingham Purchasing/Budget: u-- u /to t,b tup 11/rolftt.? ~. 11 };0/;k; NOV f ~ ((- f0,/6 COUNTY /I\ Executive: '\t"> v ~ lt!. I' -: /fa Jack Louws / _..-::: TITLE OF DOOdMENT: &~ c ~ V ED 12/6/16 NR I Council Amendment to Whatcom County Code Title 2, Chapter 2.120, Section Membership-Term of Office for the Surface Mining Advisory Committee ATTACHMENTS: 1. Cover letter 2. Draft Ordinance and Exhibit SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEP A review completed? ( ) Yes (X) NO Requested Date: 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:

2 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA , TTY Fax J.E. "Sam" Ryan Director Memorandum TO: FROM: THROUGH: Whatcom County Council It' Joshua Fleischmann, Planner Mark Person ius, Assistant Director tu f DATE: November 10, 2016 SUBJECT: Amendment to Whatcom County Code Title 2, Chapter 2.120, Section Membership- Term of Office for the Surface Mining Advisory Committee The proposed ordinance will amend Section 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 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

3 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 jfleisch@co.whatcom.wa.us.

4 PROPOSED BY: --"-'JRF"-=- _ INTRODUCTION DATE: 11122/2016 ORDINANCE# AMENDMENT TO WHATCOM COUNTY CODE TITLE 2, CHAPTER 2.120, SECTION MEMBERSHIP-TERM OF OFFICE FOR THE SURF ACE 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 and WHEREAS, One position is currently vacant; and WHEREAS, The Surface Mining Advisory Committee has not met since December 20 14; 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 I 04.doc P. I

5 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 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 doc P. 2

6 Exhibit A Title 2 Administration and Personnel Amendments Chapter SURFACE MINING ADVISORY COMMITTEE 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 ). C. When considering applications for appointments to this committee, county council should stagger the terms such that the term limit requirement in wee does not cause more than five positions to expire simultaneously. 1