Chapter 2.96
CONSERVATION FUTURES AND OPEN SPACE CITIZENS' ADVISORY BOARD AND CONSERVATION FUTURES AND OPEN SPACE TECHNICAL ADVISORY COMMITTEE Revised 3/18 Revised 5/19

Sections:

2.96.010    Findings and Declaration of Purpose.

2.96.020    Definitions.

2.96.030    Incorporation by Reference.

2.96.040    Establishment of a Conservation Futures and Open Space Citizens' Advisory Board. Revised 5/19

2.96.050    Duties of the Conservation Futures and Open Space Citizens' Advisory Board.

2.96.060    Establishment of a Conservation Futures and Open Space Technical Advisory Committee. Revised 3/18

2.96.070    Duties of the Conservation Futures and Open Space Technical Advisory Committee.

2.96.080    Review of Selection Criteria.

2.96.090    Conflict of Interest.

2.96.100    Board and Committee Staffing Responsibilities.

2.96.110    Severability.

Cross Reference:    Chapter 84.34 RCW

2.96.010 Findings and Declaration of Purpose.

A.    Existing policies and regulations, by themselves, have been ineffective in providing long-term protection of open space, wetlands, habitat areas, farm, agricultural, and timber lands, which are under the pressure of increasing urban development. The acquisition of property interests as provided by this Chapter is in the public interest and constitutes a public purpose of Pierce County.

B.    It is the purpose of this Chapter, together with PCC 4.48.020 I. and Chapters 4.14 and 2.97 PCC, to implement Chapter 84.34 RCW as it relates to Conservation Futures.

C.    It is further the purpose of this Chapter to acquire by purchase, gift, grant, bequest, devise, lease, or otherwise, except by eminent domain, the fee simple or any lesser property interest, development right, easement, covenant, or other contractual right necessary to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve, selected open space land, farm and agricultural land, and timber land as such are defined in Chapter 84.34 RCW for public use or enjoyment.

(Ord. 98-118S § 1 (part), 1999; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.020 Definitions.

A.    The definitions contained in RCW 84.34.020 are hereby adopted and by this reference incorporated herein.

B.    As used in this Chapter, the following words shall have the following meanings:

1.    "Board" means the Conservation Futures and Open Space Citizens' Advisory Board;

2.    "Committee" means the Conservation Futures and Open Space Technical Advisory Committee;

3.    "Council" means the Pierce County Council;

4.    "County" means Pierce County.

5.    "May" or "should" means optional and permissive and does not impose a requirement;

6.    "PCC" means the Pierce County Code; and

7.    "Shall" means mandatory and imposes a requirement.

(Ord. 2012-82s § 1 (part), 2012; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.030 Incorporation by Reference.

The provisions of RCW 84.34.200, .210, .220, .230, .240, and .250 are hereby incorporated by reference into this Chapter. (Ord. 2012-82s § 1 (part), 2012; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.040 Establishment of the Conservation Futures and Open Space Citizens' Advisory Board. Revised 5/19

A.    A Conservation Futures and Open Space Citizens' Advisory Board (Board) is hereby established.

B.    The Board shall consist of: one person from each Council District; one person to represent the City of Tacoma, one person selected by the legislative body of each city and town whose population base is greater than 15,000 (four cities as of 2011); two persons selected by the Pierce County Association of Small Cities and Towns to collectively represent the legislative bodies of the cities and towns whose population base is less than 15,000; one person chosen to represent agricultural interests whose primary family income is gained through farming; and two persons at large from the unincorporated area. All Board members shall be appointed by the Pierce County Executive subject to confirmation by a majority of the Council by passage of a Resolution pursuant to the Pierce County Charter, § 3.30.

Ex-officio member of the Board. When the Chair has completed serving two consecutive full terms, the Chair may serve for one application and allocation cycle as a non-voting, ex-officio member.

C.    Board members shall serve 4-year terms. The Executive may remove any appointed member of the Board for inefficiency, neglect of duty, malfeasance, or three unexcused absences in one year, subject to confirmation by a majority of the Council. Board members shall not be compensated for their services. Board members may be reappointed to a second term. No Board member shall serve more than two consecutive full terms. Public elected officials shall not serve on the Board. All Board members shall be residents of and/or own real property in Pierce County.

D.    All appointments to the Board shall ensure that the background of the Board members as a whole is broad based and that the number of members from the unincorporated area reflects the proportion of unincorporated population in the County. For appointment of members representing Council Districts, preference shall be given to residents from unincorporated areas of the County.

E.    All Board meetings shall be open to the public and conducted as if subject to the Open Public Meetings Act, Chapter 42.30 RCW.

F.    A quorum of the Board shall be stated in the Board's adopted rules for the transaction of business.

G.    The members of the Board shall annually select a Chair and a Vice Chair.

H.    The Board shall adopt rules for the transaction of its business and shall maintain a written and recorded record of its meetings. All records of the Board, unless specifically exempted by state law, shall be public documents and shall be made available to the public upon request pursuant to Chapter 2.04 PCC.

I.    Each member of the Board shall be entitled to one vote on any matter duly before the Board. Actions taken by the Board shall constitute an advisory recommendation to the Council. Actions taken by the Board shall be considered conclusive only when approved as provided for in the Board's adopted rules for the transaction of business.

J.    Any oral presentation to the Council by a Board member shall only be permitted to clarify the Board's written findings, conclusions, and recommendation and any presentation by a Board member that goes beyond clarifying the written findings, conclusions, or recommendation shall be considered as a personal recommendation,

PROVIDED: The Board's Chair or Vice Chair may make an oral presentation to the Council summarizing the Board's activities.

(Ord. 2019-17 § 1, 2019; Ord. 2012-82s § 1 (part), 2012; Ord. 2011-16s § 1 (part), 2011; Ord. 2001-59s2 § 2, 2002; Ord. 98-118S § 1 (part), 1999; Ord. 92-83S § 1 (part), 1992; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.050 Duties of the Conservation Futures and Open Space Citizens' Advisory Board.

A.    Using the evaluation criteria in Chapter 2.97 PCC and the list of proposals which meet the minimum eligibility standards as determined by the Committee, the Board shall make recommendations to the Council for proposals to be funded with Conservation Futures funds.

B.    Conservation Futures Program Recommendations. When making recommendations to the Council on conservation futures property acquisitions, the Board shall provide the Council with the following:

1.    Written findings and conclusions as to how its recommendations satisfy the fund allocation and selection criteria;

2.    A summary of the proceedings before the Board;

3.    The Board's prioritized list of recommended properties; and

4.    The concerns of the Board which it desires to be considered by the Council.

C.    The Board shall meet periodically, but not less than once per year, with the Conservation Futures and Open Space Technical Advisory Committee to review and discuss open space issues and priorities identified in PCC 2.96.070 B.

D.    All Board meetings shall, unless otherwise provided by law, be open to the public and conducted as if subject to the Open Public Meetings Act, Chapter 42.30 RCW. All records of the Board, unless specifically exempted by state law, shall be public documents and shall be made available to the public upon request pursuant to Chapter 2.04 PCC.

E.    All Board records shall remain available to the public for a period of three years. At the end of the three-year period, the Parks and Recreation Services Department may send the records to storage.

(Ord. 2012-82s § 1 (part), 2012; Ord. 98-118S § 1 (part), 1999; Ord. 92-83S § 1 (part), 1992; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.060 Establishment of the Conservation Futures and Open Space Technical Advisory Committee. Revised 3/18

A.    A Conservation Futures and Open Space Technical Advisory Committee (Committee) is hereby established to assist and make recommendations to the Board.

B.    The Committee shall consist of two members representing the County Planning and Public Works Department and one member representing each of the following entities:

1.    The County Parks and Recreation Services Department;

2.    The County Conservation District;

3.    The Metropolitan Parks District of Tacoma;

4.    The Public Works and/or Parks Departments of small cities and towns in Pierce County, who shall be selected by the Pierce County Association of Small Cities and Towns;

5.    The City of Tacoma Public Works and/or Planning Department;

6.    The Public Works, Planning, and/or Parks Departments of medium-sized cities in Pierce County (Bonney Lake, Lakewood, Puyallup, and University Place). The medium-sized city member shall be selected by the Director of the County Parks and Recreation Services Department, in consultation with the mayors of the four medium cities; and

7.    Up to three at-large members from other agencies, land trusts and non-profit groups that fulfill active roles in the implementation of open space programs, project, policies and initiatives at local, state, federal and private levels. The at-large members shall be selected by the Director of the County Parks and Recreation Services Department through a periodic application/recruitment process when at-large vacancies exist on the committee.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2012-82s § 1 (part), 2012; Ord. 98-118S § 1 (part), 1999; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.070 Duties of the Conservation Futures and Open Space Technical Advisory Committee.

A.    Using the selection criteria and process in Chapter 2.97 PCC, the Committee shall make recommendations to the Board on proposals submitted for each application cycle which meet the minimum eligibility standards in Chapter 2.97 PCC and should further be considered for acquisition as part of the Conservation Futures Program.

B.    The Committee shall periodically make recommendations to the Parks and Recreation Director for changes to:

1.    County open space priorities set forth in Chapter 19D.170 PCC.

2.    The County Open Space/Greenbelt Map based on high priority open space categories set forth in Chapter 19D.170 PCC.

3.    County policies and programs regarding open space as set forth in the open space land use objectives set forth in Chapter 19A.30.170 PCC.

C.    The Committee shall provide a forum for open space stakeholders to network and share information on opportunities to maximize protection of open space in the County.

D.    All Committee meetings shall, unless otherwise provided by law, be open to the public and conducted as if subject to the Open Public Meetings Act, Chapter 42.30 RCW. All records of the Committee, unless specifically exempted by state law, shall be public documents and shall be made available to the public upon request pursuant to Chapter 2.04 PCC.

(Ord. 2012-82s § 1 (part), 2012; Ord. 98-118S § 1 (part), 1999; Ord. 92-83S § 1 (part), 1992; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.080 Review of Selection Criteria.

At least every five years after the effective date of this Chapter, the Board, Committee, and Council shall review and, if deemed in the public interest, amend this Chapter and the selection criteria in Chapter 2.97 PCC. (Ord. 98-118S § 1 (part), 1999; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.090 Conflict of Interest.

No Board, Committee, or Councilmember shall directly or indirectly benefit from or have an ownership or financial interest in any of the land eligible to be purchased pursuant to this Chapter. (Ord. 98-118S § 1 (part), 1999; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.100 Board and Committee Staffing Responsibilities.

The Parks and Recreation Services Department shall be responsible for providing the necessary staffing for both the Conservation Futures and Open Space Citizens' Advisory Board and the Conservation Futures and Open Space Technical Advisory Committee. (Ord. 2012-82s § 1 (part), 2012; Ord. 98-118S § 1 (part), 1999; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)

2.96.110 Severability.

If any Section, subsection, paragraph, sentence, clause, or phase of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter or its application to other persons or circumstances is not affected. (Ord. 98-118S § 1 (part), 1999; Ord. 91-180 § 1 (part), 1991; Ord. 91-66 § 1 (part), 1991)