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Home My WebLink Aboutord2012-016strike WHATCOM COUNTY COUNCIL AGENDA BILL N0. AB2012-130 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. FrankAbart 3 / 27 / 2012 Introduction Division Head: Frank Abart n . C Ih D V I U/ . 4 / 10 / 12 Hearing Dept. Head: Frank Aba f 3440 MAR 2 0 2012 . Prosecutor. Dan Gibson % o3/iy/iz. WHATCOM COUNTY COUNCIL Purchasing/Budget Executive: Jack Lou S 3 A P a 1 A TITLE OF DOCUMENT: Ordinance amending WCC 10.34, Ferry Rates, and Unified Fee Schedule. ATTACHMENTS: . Ordinance, Exhibits A and B SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( , ) NO SEPA 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.) This ordinance amends Whatcom County Code 10 .34 and corresponding Whatcom County Unified Fee Schedule to incorporate the Whatcom County Citizens' Task Force for the Lummi Island Ferry recommendation to offer free passenger and pedestrian passage for all children under the age of nineteen ( 19) all year round . • COMMITTEE ACTION: COUNCIL ACTION: 3 / 27 / 2012 : Introduced 4 / 10 / 2012 : Council Adopted 7 -0 Ord . 2012-016 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2012-016 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 SPONSORED BY : Frank Abart 14 15 PROPOSED BY : Public Works 16 17 INTRODUCTION DATE : 3 / 27 / 2012 18 19 20 21 ORDINANCE NO . 2012 -016 22 23 AMENDING WHATCOM COUNTY CODE CHAPTER 10. 34 FERRY RATES AND 24 CORRESPONDING WHATCOM COUNTY 2012 UNIFIED FEE SCHEDULE 25 26 27 28 WHEREAS, Chapter 10 . 34 of the Whatcom County Code addresses administration of 29 ferry rates and an interpretation of the rate schedule included in the Whatcom County Unified • 30 Fee Schedule ; and 31 32 WHEREAS, The Whatcom County Citizens' Task Force for the Lummi Island Ferry 33 recommended that free passenger and pedestrian passage be offered to all children under the 34 age of nineteen ( 19 ) all year round ; 35 36 WHEREAS, Public Works has done a review and concurs with this recommendation ; 37 38 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom 39 County Code 10 . 34 is hereby amended as shown in Exhibit A to this ordinance, and 40 41 BE IT FURTHER ORDAINED that the Unified Fee Schedule be amended as set forth in 42 the attached Exhibit B to this ordinance, and 43 44 BE IT FURTHER ORDAINED that the amended fares set forth in Exhibit B shall be 45 effective fifteen ( 15 ) days after the date of signature of this ordinance by the Whatcom County 46 Executive or as otherwise enacted . 47 48 49 50 51 Page 1 1 2 3 ADOPcgp, hhis 10th day of April , 2012 . 5 V. •:A;kATc.0• •,`\�.c C9 J,t: , 6 C� WHATCOM COUNTY COUNCIL 8 AO COUNTY � •°,/C� WHATCOM COUNTY, WASHINGTON 11 N . i $bs: i 4LA./ 12 Dana'�3roWn ;; tI 4 terk o he Council Kathy Kershner, Council Chair 13 • O . 0 • 14 /'of,, .-r * -4- \•``\ ''' ► ► ► ► � � i ► , ►��` 15 16 WHATCOM COUNTY EXECUTIVE 17 • WHATCOM COUNTY, WASHINGTON 18 APPROVED AS TO FORM : /' ic Ria d a 031,0/,. _ / 22 Civil Deputy Prosecutor Jack Lo s, n Executive 23 24 ( X) Approved ( ) Denied 26 ,, / 27 Date Signed : 4/ . 1 / ' / O./ 28 29 30 Page 2 EXHIBIT A Chapter 10 . 34 FERRY RATES4 Sections : 10 . 34 . 005 Definitions . 10 . 34 . 010 Effective date for ferry user fees . 10 . 34 . 020 Interpretation of rate schedule . 10 . 34 . 030 Use of ferry user fee revenues . 10.34.005 Definitions. A. " Ferry system " means all physical elements of the Lummi Island ferry operations, including both the Gooseberry Point and Lummi Island vehicle and pedestrian staging areas, vehicle parking areas, and ferry docks, and any and all boats utilized for transport purposes. B . "Operating cost" means all actual daily running expenses and all actual regular and routine maintenance and administrative expenses associated with the use and operation of all physical elements of the ferry system . C. "Capital cost" means all capital expenditures, including financing and depredation ' expenses applied to the replacement, expansion, or creation of ferry system physical elements. D . "Fare box recovery rate" means the calculated percentage of total revenue generated through ferry user fees in comparison to total actual operating costs for the same period of time minus any revenue from the motor vehicle fuel tax meant for ferry operations, or from interest. E . "Ferry user fees" means the rates and charges required of and collected from any and all users of the ferry system, as established and periodically amended in the Unified Fee Schedule . . F. " Rate schedule" means the combination of ferry user fees and operational policies affecting the use of the ferry system . (Ord . 2010-054 Exh . A, Ord . 2008-052 Exh . A, Ord . 2008-017 Exh . A; Ord . 2007001 Exh . A; Ord . 2005-090 Exh . A) . 10 .34.010 Effective date for ferry user fees . Ferry user fees are set forth in the Whatcom County Unified Fee Schedule and become effective as set forth in the ordinance adopting or amending such schedule . (Ord 2010-054 Exh . A, Ord . 2008-052 Exh . A, Ord . 2008-017 Exh . A; Ord . 2007-001 Exh . A; Ord . 2005- 090 Exh . A; Ord . 2002-012 ; Ord . 2001-064; Ord . 93-080 Exh . Q) . 10 .34.020 Interpretation of rate schedule. The following provisions should be observed in application of the ferry rate schedule : A. Trailers shall include, but not be limited to, ball hitches, military hitches, fifth wheel in bed of pickup, dump trailers, recreation trailers and mobile homes. B. Special trips are a surcharge in addition to the applicable fare . C. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works department and published appropriately. D. Trucks and tow vehicles with trailers shall be charged a rate based on length and weight. Heavy machinery and motor homes shall be charged at the corresponding vehicle rate . E. All trucks shall be charged regular round-trip rates based on legal license capacity. F. Over-width vehicles or trailers occupying more than one lane shall be charged a 50 percent surcharge. In addition, vehicles towing over-width trailers shall also be charged a 50 percent surcharge . G . Student multi- ride cards shall be sold to full-time post- high school students only . Proof of age post-high school and-enrollment shall be required at time of purchase . No special student discount is available for drivers of vehicles. H . A z - N . . - -- . : - . : : ' - : : - - . - : - . - : Children 12 to under -18 19 ( nineteen) years of age-will receive free passenger and pedestrian passage all year round . No special child discount is available for drivers of vehicles . I. County employees on official county business shall be exempt from fares . All county employee trips exempt from fares will be tracked, and $ 10 . 00 per trip will be credited toward the fare box recovery rate each year. J . Enrolled members of the Lummi Indian Tribe who are issued appropriate identification cards by the tribe, or current fishing cards, licenses, or Lummi Indian Business Council ID cards and who have legitimate tribal business upon Lummi Island , as indicated by the Lummi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island . K. . A special- needs-based discount is provided for Lummi Island residents who meet the income levels listed below. These special tickets will only be sold at the Whatcom County treasurers office in Bellingham and will require proof of income and family size . Eligibility will be reviewed at least annually. Forms and procedures will be developed by the Whatcom County treasurer's office . 1 . Family of four or more with less than $40,000 total annual income ; 2 . Family of three with less than $ 30,000 total annual income ; 3 . Family of two with less than $ 20, 000 total annual income ; 4 . Individual with less than $ 10 , 000 total annual income . L. Eligibility for a special "senior/disabled " discount is available to all Lummi Island residents who currently hold property tax exemptions or deferral as defined under RCW 84. 36 . 381 and 84. 38. 030 and WAC 458- 16-020 and 458- 18020, and as these may be hereafter amended . Eligibility for a special "senior/disabled" discount is also available to all Lummi Island residents that also qualify for medical assistance within the Medicaid Program . M . Intentionally left blank. N . All children under the age of 12 years when traveling on the Whatcom County ferry must be accompanied by an adult. An exception to this policy will be made only if the adult parent or guardian signs a waiver exempting Whatcom County from all liabilities for any and all injuries, loss of life, etc . , while the child is traveling on the ferry. 10.34.030 Use of ferry user fee revenues. Beginning January 1 , 2006, a 55 percent fare box recovery rate shall be applied and evaluated continuously from that time forward . An annual review of ferry system services, actual and projected operating costs, and actual and projected revenue from ferry user fees shall occur in order to verify the 55 percent fare box recovery rate is being achieved . In any given year the actual fare box recovery rate exceeds 55 percent, the excess revenue shall be retained in the ferry system fund and applied only to future operating costs. In any given year the actual fare box recovery rate is below 55 percent, the difference shall be recovered in a future ferry user fee increase unless there is adequate excess ferry user fee revenue remaining in the ferry system fund collected during prior years . Beginning January 1 , 2007 , any interest income or income from state motor vehicle fuel tax for ferry operation will be deducted from the actual operating costs before the actual 55 percent fare box recovery rate is calculated . ( Ord . 2010 - 054 , Exh A, Ord . 2008 - 052 Exh . A ; Ord.. 2008 - 017 Exh . A ; Ord . 2007- 001 Exh . A ; Ord . 2005 - 090 Exh . A ; Ord . 2002 - 012 ; Ord . 2001 - 064) . ri ooc 1-4 1 rn -v L 0 C O a) L 0 a 4 . Page 1 of 2 Exhibit B - 2012 Unified Fee Schedule Amendment Department Fees and Charges Public Works - Ferry & Docks UFS# Description 2010 Rate 2012 Rate Rate Basis Authorization Authority Pedestrians 1 . 5043 Passenger/Pedestrian . $ 4. 00 $ 4 .00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑ 2 . 5045 Passenger/Pedestrian - Multiride $ 40 . 00 $ 40 . 00 25 Round Trips WCC 10.34 Ordinance 2008-052 ❑ 3. 5046 Children under 12 W/ Parent $ 0 .00 $ 0 . 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑ 4. 5047 Rosident School Children 12 to Under 19 yrs -$ 0 . 00 $ 0 .00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑ Sept 1 thru June 30 July 1 thru August 31 Multiride 6 . 5049 Needs Based Passenger/Pedestrian . $ 17. 00 $ 17 . 00 25 Round Trips WCC 10.34 Ordinance 2008-052 ❑ (Senior/Disabled/Income) 7. 5050 Post-High School Full-time Students $ 23. 00 $23.00 25 Round Trips WCC 10.34 Ordinance 2008-052 ❑ 8 . 5051 Lummi Tribe W/ I . D . $ 0 . 00 $ 0 . 00 Foot Passage Only . WCC 10.34 Ordinance 2008-052 ❑ Passenger Vehicles 9 . 5052 Bicycle W/Rider $ 4 .00 $ 4 . 00 1 Round Trip. WCC 10.34 Ordinance 2008-052 ❑ 10 . 5053 Motorcycle W/Driver $ 5 .00 $ 5 .00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑ 11 . 5053PC Motorcycle W/Driver $ 80 .00 $ 80 .00 25 Round Trips WCC 10.34 Ordinance 2008-052 12 . 5054 Vehicle W/Driver < 8, 001 lbs . $ 10 . 00 $ 10 .00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑ 13. 5055 Vehicle W/Driver <8,001 lbs . - Multiride $ 72 . 00 $ 72 . 00 10 Round Trips WCC 10.34 Ordinance 2008-052 ❑ 14 . 5056 Vehicle W/Driver <8,001 lbs . - Multiride $ 160 .00 $ 160 .00 25 Round Trips WCC 10.34 Ordinance 2008-052 ❑ Page2of2 Exhibit B - 2012 . Unified Fee Schedule Amendment Department Fees and Charges Public Works - Ferry & Docks UFS# Description 2010 Rate 2012 Rate Rate Basis Authorization Authority 15. 5057 Needs Based Vehicle W/Driver $ 36. 00 $ 36 . 00 10 Round Trips WCC 10.34 Ordinance 2008-052 Senior/Disabled/Income ❑ Larger Vehicles 16. 5058 Vehicle W/Driver 8, 001 - 20, 000 lbs . $ 29. 00 $ 29. 00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑ 17 . 5059 Vehicle W/Driver 8, 001 - 20 , 000 lbs . $ 207.00 $ 207.00 10 Round Trips wcc 10.34 Ordinance 2008-052 ❑ 18 . 5060 Vehicle W/Driver 20 , 001 - 36,000 lbs . $ 65 . 00 $ 65 .00 1 Round Trip wcc 10.34 Ordinance 2008-052 ❑ 19 . 5061 Vehicle W/Driver 20 , 001 - 36, 000 lbs . $494 .00 $ 494.00 10 Round Trips wcc 10.34 Ordinance 2008-052 ❑ 20 . 5062 Vehicle W/Driver 36, 001 - 50, 000 lbs . $ 130 .00 $ 130 .00 1 Round Trip WCC 10.34 Ordinance 2008-052 ❑ 21 . 5063 Vehicle W/Driver 36 , 001 - 50, 000 lbs . $ 1040 .00 $ 1040 .00 10 Round Trips wcc 10.34 Ordinance 2008-052 ❑ 22 . 5064 Trailer under 16 feet $ 15 . 00 $ 15 .00 1 Round Trip wcc 10.34 Ordinance 2008-052 ❑ 23. 5065 Trailer 16 - 30 feet $ 31 . 00 $ 31 . 00 1 Round Trip wcc 10.34 Ordinance 2008-052 ❑ 24 . 5066 Trailer over 30 feet $ 60 . 00 $ 60 . 00 1 Round Trip wcc 10.34 Ordinance 2008-052 ❑ 25 . 5067 Over width Vehicle/Trailers > 1 Lane 50%Surcharge 50%Surcharge Surcharge wcc 10.34 Ordinance 2008-052 ❑ Special Trips 26 . 5068 Special Trips after regularly $575 .00 $575 .00 Per trip surcharge WCC 10.34 Ordinance 2008-052 ❑ scheduled runs Surcharge 27 . 5044 Per Trip Surcharge $0 .00 $3. 00 1 Round Trip WCC 10 .34 Ordinance 2010-054