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HomeMy WebLinkAboutord2020-001• Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2019-614 File ID: AB2019-614 Version: 1 Status: Adopted File Created: 11/20/2019 Department: Public Works Department Assigned to: Council Agenda Date: 01/28/2020 Entered by: BBushaw@co.whatcom.wa.us File Type: Ordinance Requiring a Public Hearing Primary Contact Email: sdraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 01/28/2020 Enactment #: ORD 2020-001 Ordinance amending Whatcom County Code 16.30, Lake Whatcom Stormwater Utility Funding Mechanism, changing the date for collection of Capital Facility Charges from January 1, 2020 to January 1, 2021 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Whatcom County Public Works requests an amendment to Ordinance 2019-53, Lake Whatcom Stormwater Utility Funding Mechanism, to initiate the Capital Facilities Charges in January 2021 rather than January 2020.The requested time extension is needed to develop an effective collection process and to clarify ambiguous language included in Section 11 of Whatcom County Code 16.30 HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 12/03/2019 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 7 Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 01/14/2020 Council INTRODUCED FOR PUBLIC Council HEARING 01/28/2020 Council ADOPTED Aye: 6 Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Whatcom County Page 1 Printed on 112912020 Agenda Bill Master Report Continued (AB2019-614) Nay: 1 Byrd Absent: 0 Attachments: Memo, Proposed Ordinance Whatcom County Page 2 Printed on 112912020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PROPOSED BY: Public Works_ INTRODUCTION DATE: ORDINANCE NO. 2020-001 AUTHORIZING A CHANGE TO ORDINANCE 2019-053, WHICH AUTHORIZED CHARGES FOR STORMWATER CONTROL FACILITIES AND PROGRAMS IN THE LAKE WHATCOM STORMWATER UTILITY SERICE AREA, SPECIFICALLY EXTENDING COLLECTION OF CAPITAL FACILITIES CHARGES TO 2021 WHEREAS, the Whatcom County Council adopted Ordinance 2019-053 on July 23, 2019 authorizing fees for the Lake Whatcom Stormwater Utility; and WHEREAS, Ordinance 2019-053 calls for one-time charges on new residential and commercial developments/structures, effective January 1, 2020; and WHEREAS, certain provisions related to these Capital Development Charges are ambiguous and create unclear legislative intention around the extent and method for collection; and WHEREAS, additional time is needed to clarify the terms of the ordinance and to develop a suitable method for collection of fees; and WHEREAS, 2020 is established in the Ordinance as a phase -in period with collection of annual fees at 50%; and WHEREAS, delaying implementation of the Capital Facilities Charge until January 1, 2021 will allow time to clarify the code language and develop a suitable fee collection method Page 1 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that collection of the Capital Facility Charge established under Ordinance 2019-053 shall prospectively begin on January 1, 2021. ADO,R17' Vif4%d& th day of January , 2020 U U Al W� ATTEdT� Dana-1rovJa�-Da i r.1c A�oQf the Council n i'6 � 1 1 •� G O WHATCO�Nf%Q , UNTY;EXECUTIVE APPROV Christopher Quinn, Civil Deputy Prosecutor Page 2 WHATCOM COUNTY COUNCIL WHATCOM O TY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY, WASHINGTON Satpal Sidhu County Executive (� ) Approved ( ) Denied Date Signed: ')--0�'o