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HomeMy WebLinkAboutord2003-006!i'71ATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -027A Originator: CLEARANCES hodal Date Date Received in Council 0 tee A enda Date Assi tied to: 01114103 Intro Division Head: �� G i =l �- s I� �I_; 1128103 Finance/Council Dept Head.. Prosecutor 19�Uj JAN I PmchasingBudget r, Ezeotfive: SUBJECT: Ordinance relatin To he Funding Of Fire Service Pre - Hospital Emergency Medical Services; Providing For The Submission To The Electorate Of Whatcom County, At A Special Election On q/l toll 2003, A Proposition Imposing The Levy Of A Regular Property Tax Each Year For Six Years, Collection Beginning In 2004, At A Rate Of $.�L5 Or Less Per $1000 Of Assessed Valuation To Continue To Provide Fire Service Pre - Hospital Emergency Medical Services. ATTACHMENTS: Ordinance. SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule SEPA review completed? ( ) Yes ( x) NO Requested Date: a hearing • p ( )Yes ( s ) NO SUMMARYSTATEMENT. Approval by County Council to submit to the electorate of Whatcom County at a special election on Q I la /O 3 a proposition imposing a Levy of regular propfrty tax each year for six years, collection to begin in 2004, at a rate of $ . 385 or less per $1000 of assessed valuation to continue to providefire service pre - hospital emergency medical services. Distribution Request Indicate these who should receive a copy after Counc l aauon. List specific name, to the right ADS Facilities Management ADS Finance ADS Human Resources ADSI i Serniem Assessor Auditor Cooperative Extension District Court Executive Dewey Dexter Francine Kincaid Heahh Hearing Examiner jail COUNCIL ACTION TAKEN: Juvenile 2003 -27A 1114/2003. Introduced 1/2812003: Adopted 4 -2, Cassano, Brenner opposed, Nelson absent, Ord. #2003-005 Parks Planning Prosecutor Public Works Sheri Superior Count Related County Contract #: Treasurer otter Related File Numbers: Ordinance or Res lu on Nam be (this item): DR, aF r Proposed by: Executive Sponsored by: Consent Introduced: Jan. 14 03 ORDINANCE NO. 2003 -005 SUBMITTING TO THE VOTERS OF WHATCOM COUNTY A PROPOSITION IMPOSING THE LEVY OF AN ANNUAL PROPERTY TAX FOR SIX YEARS TO FUND FIRE SERVICE PRE - HOSPITAL EMERGENCY MEDICAL SERVICES WHEREAS, over the past 28 years, the Whatcom County fire service, and the Whatcom Medic One paramedic ambulance transport service provided by the Bellingham Fire Department, provided basic and advanced life support services; WHEREAS, this system also includes regional support programs and services that provide medical oversight and direction, citizen and emergency personnel training, planning, education of the public, and other support programs and services; and WHEREAS, this system was evaluated in a recent emergency medical services strategic planning process which envisioned an integrated and seamless system of emergency medical response and transportation that strives to provide care that is rapid and responsive, of high quality and compassionate, cost - effective and affordable, and sustainable and achievable; and WHEREAS, the County's concern for assuring a county -wide emergency medical services program is shared by Whatcom County cities and fire protection districts who participate in emergency medical services programs; and WHEREAS, the future demand and subsequent costs for medical services is forecast to continue to grow as a result of chances: and WHEREAS, the available sources of revenue have been reduced by recent changes in federal Medicare reimbursement and state law; and WHEREAS, emergency medical services are essential to the people in our community and should be afforded a stable and dedicated funding base; and Services Levy WHEREAS, the state legislature, through RCW 84.52.069, has recognized the needs and concerns described above, and has provided the mechanism for achieving a stable funding source for the provision of such emergency medical services through a voter approved levy; and WHEREAS, the emergency medical services strategic plan recommends instituting an emergency medical services levy to provide this stable funding source; and WHEREAS, in order to assure such a provision of services, it is both necessary and appropriate that an additional regular property tax of .385 or less per $1000 of assessed valuation be levied as provided for in this ordinance; WHEREAS, the distribution of all tax revenues collected pursuant to the levy provided for herein shall be addressed and governed by an interlocal agreement between Whatcom County and the City of Bellingham, also for the benefit of the fire districts and the cities, which shall be consistent with the statutory provisions for distribution of such funds by the County Treasurer; NOW, THEREFORE, THE COUNCIL OF WHATCOM COUNTY DOES ORDAIN: Section 1. Approval of cities over 50,000 population. Pursuant to RCW 84.52.069, approval to place this county -wide levy proposal on the ballot will be obtained from the legislative body of the City of Bellingham, which is presently the only city in the county having a population over 50,000, before it is submitted to the electorate of Whatcom County for an election. Section 2. Distribution of Revenue. The revenue collected as a result of the levy, if approved by the electorate and imposed by the County Council, shall be distributed by the Whatcom County Treasurer in accordance with her statutory obligations, and according to the formula for distribution contained in an interlocal agreement between the City of Bellingham and Whatcom County. Section 3. Type of Levy. Pursuant to the authorization in RCW 84.52.069, this levy is a regular property tax levy on all taxable property located in Whatcom County and is in addition to the statutory tax rate limit of RCW 84.52.043. It is not subject to the limitation of RCW 84.55.010 for the first levy imposed, but is subject to the limitations thereof for the remaining five levies. )rdlnance /County Emergency Medical services Levy ction 4. Levy Rate. The rate at which this proposed levy shall be submitt the voters shall be the rate of .385 or less per $1000 of assessed valuati ch year, for six consecutive years, beginning in 2003. The collection of t ces will begin in 2004. Taxes will be based upon the previous yea S. Ratification by the Electorate. The proposal for this levy shall be d to and approved by the voters in accordance with RCW 84.52.069. Section 6. Call for Special Election. Pursuant to the requirement of RCW 29.13.010, it is hereby deemed by this Council that an emergency exists requiring the submission to the registered voters of Whatcom County at a special election to be held in accordance with RCW 29.13.010(2)(e) on September 16, 2003, of a proposition authorizing the previously described six - year levy for fire service pre - hospital emergency medical services. The Whatcom County Auditor shall cause notice to be given of this ordinance in accordance with the state constitution and general law and to submit to the registered voters of the county, at the said special county election, the proposition hereinafter set forth. The Clerk of the Council is hereby authorized and directed to certify that proposition to the Whatcom County Auditor in substantially the following form: Whatcom County, Washington Proposition #1: Regular Property Tax Levy for Fire Service Pre - Hospital Emergency Medical Services Shall Whatcom County be authorized to impose regular property tax levies of .385 or less per thousand dollars of assessed valuation for each of six onsecutive years for the continued provision of fire service pre - hospital =emergency medical services, all as provided in Whatcom County Ordinance ?003 -005? Yes ......... No action 7. Authorization for Interlocal Agreement. The County Executive hereby authorized and directed to negotiate an interlocal agreement with the ty of Bellingham for Council approval relating to the provision of fire service e- hospital emergency medical services, to implement the provisions of Section of this ordinance. Ordinance/County Emergency Medical Services Levy Section S. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. this 28th day of January, 2003. Whatcom County Council Whatcom County, Washington L 117-'v Dan McShane, Chair Dana Brown- Davis, Clerk of the Council County Executive Date: as to form: Daniel L. Gibson JJhatcom County Deputy Prosecuting Attorney Emc mcy Medical Services Levy WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -084D CLEARANCES Initial D to Date Received in Council 0 tae Agenda Date 7-d' Assi nedm: Originator: Elizabeth OlsenU lT ✓_Alif�l)1 M SEP 17 2002 WHATCOM COUNTY COUNCIL Introduction Division Head: Sylvia Gooq«'m 10/8/02 10/8/02 p &D Dept Head: Hal Hart IY �' 10 ?'2 D Prosecutor: Karen Faults d Q 461V 06 Purchasing /Budget: Executive: Pete Kremen SUBJECT: Proposed comprehensive plan amendment to add 12 acres to the Ferndale Urban Growth Area (Olson / Nelle site). ATTACHMENTS: (I) Planning Commission minutes. (2) Planting Department staff reposi Note: Back round materials are available or review at the Coun Council office, SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( x)Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes t x) NO Requested Date: I A hearing must be held if the Council changes the Planning Commission recommendation WCC20.10.110. SUMMARY STATEMENT: Charlotte Olson and Richard Nelle submitted an application to amend the Comprehensive Plan map from Rural to Urban Growth Area (UGA) for approximately 12 acres. The site is currently zoned Rural one dwelling /five acres (RSA). The site is locaded immediately north ofthe intersection of Portal Way and Enterprise Rd., adjacent to the Ferndale city limits, within section 8, T39N, R2E, W.M. A proposed ordinance has not yet been drafted because the Planning Commission did not issue a recommendation on this application (a five Vote majority is required, and the vote was 3 -2). Note: The subject proposal is one ofa number ojcomprehensive plan amendments initiated this year. These amendments must be considered concurrently by the County Council so that the cumulative effect ofthe various proposals can be evaluated (RCW 36.70A.130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final Council action on these amendments should occur by November 30. Distribution Request Indicate those who rnoa /e reoewea copv slier coanrn aeeoa. List specific names m the rfgnr, ADS Facahies Management ADS Finance ADS Human Resources ADSI! services Keith Wil(nauer Auditor Cooperative Extension District Court Executive Hea/lh Hearing Examiner ,rail COUNCIL ACTION TAKEN- 2002 - 84 D 2/26/2002: Docketed and dominated to Planning commission for review 7-0, Res, #2002 -013 9/24/2002: Introduced 10/8/2002: Held in committee to 10/22 10/22/2002: Public Hearing to be scheduled, 6 -1, Nelson opposed 1/1912003: introduced 1/2812003: Moved to concum ncy meeting 6 -1, Roy opposed 1/28/2003. Adopted 5 -1, Roy opposed, Nelson absent, Ord. Relate Y201:111-Will Related File Numbers: AB2002 -084. Juvenile P°rh Planning Hat Hart Prosecutor Public Works Sheri Superior Court Treasurer other Ordinance or Resolutiory Number (this item) C)01% �' rNu 1:2 Planning DivisioreComp Plan Amendmenta\Comp Plan 2002 \CMP2002 -00021 (Pemdale UGA) -AD top SPONSORED BY: PDS PROPOSED BY: PDS INTRODUCTION DATE: 1/14/03 ORDINANCE NO. 20n3 -006 AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP TO EXPAND THE NORTHEASTERLY UGA BOUNDARY FOR THE CITY OF FERNDALE. WHEREAS, An application was made requesting the expansion of the Ferndale Urban Growth Area northeasterly of Portal Way and west of Enterprise Road; and WHEREAS, The Deputy SEPA Official for Whatcom County issued a Determination of Non - significance on April 16, 2002; and WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on Thursday, June 15, 2002; and WHEREAS, The Planning Commission held a public hearing on the proposed amendment on Thursday, June 27, 2002, and considered all testimony; and WHEREAS, The Planning Commission had concerns that the City of Ferndale had not made a decision regarding the Olson /Nelle application to the City of Ferndale's Urban Growth Area; and WHEREAS, The Planning Commission recommended denial of the proposed map amendment on Thursday, June 27, 2002; and WHEREAS, The roll call vote Motion failed 3 - 2, and a majority of the full Planning Commission, 5 Aye votes, is needed to pass a Motion on a Comprehensive Plan Amendment; and WHEREAS, The City of Ferndale Planning Commission held a Public Hearing on October 16, 2002, on the proposed amendment to include the Olson /Nelle property into the Ferndale Urban Growth Area and recommended approval; and WHEREAS, The City of Ferndale City Council held a Public Hearing on November 18, 2002, and recommended approval to include the said property into its Urban Growth Area, and WHEREAS, the County Council finds the amendment in the best interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS OF FACT 1. Legal notice for a public hearing was published in the Bellingham Herald on June 15, 2002. 2. A Determination of Non - Significance was issued under the State Environmental Policy Act (SEPA) on April 16, 2002, Page 1 of 3 I: \Planning\ CMP2002- 00021 -Ord. 3. A public hearing was held by the Planning Commission on Thursday, June 27, 2002, and all testimony was considered. The Whatcom County Planning Commission passed a Motion with insufficient majority to recommend approval. 4. The request is to amend the Whatcom County Comprehensive Plan and Map Urban Growth Area (UGA) northeasterly boundary line for the City of Ferndale for approximately 11 acres of land lying northeasterly of Portal Way and west of Enterprise Road. 5. The City of Ferndale held a Planning Commission Public Hearing on October 16, 2002, and the City Council held a Public Hearing on November 18, 2002, recommending approval to include the Olson /Nelle property into the Ferndale Urban Growth Area boundary. CONCLUSION Based upon the above analysis and findings of fact, the County Council concludes that the proposed map amendment to include the applicants' approximate 11 acres into the Whatcom County /Ferndale UGA boundary, as presented in Exhibit 1, is consistent with the goals and policies of the Growth Management Act, the Whatcom County Comprehensive Plan and the County -wide Planning Policies, and recommends approval of this amendment. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Comprehensive Plan Map for the Ferndale UGA is hereby amended as shown on Exhibit 1. Section 2. 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 28 day of January , 2003. WHATCOM COUNTY COUNCIL WH TCOM COUNTY <WASHIN( DanaDamn Brown - Davis, L- .-Nard-Meberr, Council Chair Clerk of the Council D„ � M CS 4ti1< APP��R,,,...�OV((EED as to form (yCp roved () Denied Civil Di5guty Prosecutor P re n, )Executive Page 2 I: \Planning\ CMP2002- 00021 -Ord.