HomeMy WebLinkAboutres2023-016Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
-Alli(360) 778-5010
Agenda Bill Master Report
File Number: AB2023-403
File ID: AB2023-403 Version: 1 Status: Approved
File Created: 06/08/2023 Entered by: SDraper@co.whatcom.wa.us
Department: Public Works File Type: Resolution
Department
Assigned to: Council Public Works & Health Committee Final Action: 06/20/2023
Agenda Date: 06/20/2023 Enactment #: RES 2023-016
Primary Contact Email: sdraper�co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution on the interpretation and retroactive application of ambiguous language in WCC 10.34.030,
Use of Ferry Fee Revenue
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See Memo
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
06/20/2023 A GENERIC PASS
06/20/2023 Council Public Works & Health RECOMMENDED FOR
Committee APPROVAL
Aye: 2 Frazey, and Galloway
Nay: 1 Kershner
06/20/2023 Council APPROVED
Aye: 4 Buchanan, Donovan, Frazey, and Galloway
Nay: 3 Byrd, Elenbaas, and Kershner
Attachments: Staff Memo, Resolution, Presentation for 6.20,2023
Whatcom County Page 1 Printed on 612112023
1 PROPOSED BY: Public Works
2 INTRODUCTION DATE:
3
4
5 RESOLUTION NO. 2023 - 016
6
7 REQUESTING COUNCIL APPROVAL OF THE INTERPRETATION AND RETROACTIVE
8 APPLICATION OF AMBIGUOUS LANGUAGE IN WCC 10.34.030 - USE OF FERRY USER
9 FEE REVENUE
10
11 WHEREAS, Chapter 10.34 of the Whatcom County code addresses the
12 administration of the ferry rates and guides what should and should not be included in
13 calculating the annual fare box goal; and
14
15 WHEREAS, the 2007 fare box goal calculation was amended by ordinance 2008-017
16 adding language to Chapter 10.34.030 - Use of Ferry User Fee Revenues that included an
17 ambiguous reference to "income from the state Motor Vehicle Fuel Tax for ferry operation";
18 and
19
20 WHEREAS, two state revenue streams, Motor Vehicle Fuel Tax attributable to the
21 ferry (MVFT-F) and Ferry Deficit Reimbursement Funding (FDRF) originate at the state level
22 from Motor Vehicle Fuel Tax collections and therefore fit the language added to WCC
23 10.34.030 in 2008; and
24
25 WHEREAS, starting with the adoption of this change in the 2007 fare box goal
26 calculation, FDRF revenue has been included in the fare box goal calculation per the revised
27 language of WCC 10,34.030; and
a:]
29 WHEREAS, Public Works has not previously considered Motor Vehicle Fuel Tax
30 attributable to Ferry as qualifying under the definition provided in WCC 10.34.030 "income
31 from state Motor Vehicle Fuel Tax for ferry operation" based on interpretations and
32 explanations of the income from the County Road Administration Board; and
Page 1
1 WHEREAS, it is reasonable to believe that the language in WCC 10.34.030 is
2 ambiguous, given past conversations with the council and unsuccessful attempts to clarify
3 the language made in 2008 (AB2008-085) and 2013 (AB2013-161), and should be clarified
4 to avoid disputes over fare box goal calculations; and
5
6 WHEREAS, the proposed new language for WCC 10.34 clears up the ambiguity in
7 future calculations by assigning both Motor Vehicle Fuel Tax attributable to Ferry and Ferry
8 Deficit Reimbursement Funding to be used in the annual fare box goal; and
10 WHEREAS, annual fare box goal calculations starting in 2007 and continuing
11 through 2022 have been calculated without including Motor Vehicle Fuel Tax attributable to
12 Ferry income in the calculation; and
13
14 WHEREAS, between 2007 and 2022, $2.7m of the Motor Vehicle Fuel Tax received
15 by the Road Fund was considered attributable to the ferry, which at a 55% fare box
16 recovery rate would have resulted in a reduction of the total fare box goal by $1.5m
17 through 2022; and
18 WHEREAS, this does not change the 2022 year-end fund balance but instead
19 updates the portion of the fund balance attributable to Ferry Fare collections vs. attributable
20 to other fund contributions.
21
22 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that since
23 the Motor Vehicle Fuel Tax attributable to Ferry and Ferry Deficit Reimbursement Funding
24 are derived, at a state level, from Motor Vehicle Fuel Tax collections, it is reasonable to
25 include both sources in the interpretation of Whatcom County Code 10.34.030 "income from
26 the state Motor Vehicle Fuel Tax for ferry operation"; and
Page 2
BE IT FURTHER RESOLVED by the Whatcom County Council that the fare box goal
2 calculations for 2007-2022 will be recalculated, with the clarity of this resolution, to obtain a
3 new Cumulative Fare Box Reserve balance for the end of 2022.
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
th day of June 20 23
N WHATCOM COUNTY COUNCIL
ATCOM O TY, ASHINGTON
.'O
aria Brown vis;-C er o Re Council Bar chanan, ouncil Chair
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM:
Christopher Quinn per email 06.07.2023/RR
Christopher Quinn, Civil Deputy Prosecutor
Page 3