HomeMy WebLinkAboutord2023-045 Vetoed strikeFile ID: AB2023-258
File Created: 03/30/2023
Department: Public Works
Department
Assigned to: Council
Agenda Date: 07/25/2023
Related Files:
Whatcom County
Agenda Bill Master Report
File Number: AB2023-258
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Vetoed
Entered by: CRussell@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 10.34, Ferry Rates
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See Memo
Final Action: 07/25/2023
Enactment #: ORD 2023-045
See AB2023-563 for discussion about the Whatcom County Executive's veto of this ordinance.
9/5/2023: The Veto was sustained (see AB2023-563)
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action: Sent To:
04/11/2023 Council
INTRODUCED FOR PUBLIC Council
HEARING
Aye:
7
Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay:
0
04/25/2023 Council
HEARD PUBLIC Council
TESTIMONY AND HELD IN
COUNCIL
Aye:
7
Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay:
0
Whatcom County Page t Printed on 9/5/2023
Aaenda Bill Master Report Continued tAB2023-258
06/20/2023 Council HEARD PUBLIC Council
TESTIMONY AND HELD IN
COUNCIL
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
07/25/2023 Council ADOPTED
Aye: 5 Byrd, Elenbaas, Frazey, Galloway, and Kershner
Nay: 2 Buchanan,and Donovan
08/09/2023 Council VETOED BY THE
EXECUTIVE
Attachments: Adopted Ordinance 2023-045, Adopted Ordinance 2023-045strike, Memo, Proposed Ordinance
Ferry Rates -Markup, Minutes Excerpt 4.25.2023, Draft Minutes 6.20.2023 Council, Notice of
Hearing after 4.11.2023, Notice of Action Taken on 7.25.2023, Agenda Bill Master Report, Agenda
Bill Master Report
Whatcom County Page 2 Printed on 91512023
1 PROPOSED BY: Public Works
2 INTRODUCTION DATE:
4 Z0�
5 ORDINANCE NO. 2023 - 045
6 �1
7 AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES
8
9
10 WHEREAS, chapter 10.34 of the Whatcom County code addresses administration of
11 the ferry rates and; and
12
13 WHEREAS, chapter 10.34.005 has been replaced with updated definitions to provide
14 clear direction for the calculations used to set fares; and
15
16 WHEREAS, it is also necessary to make housekeeping changes to section 10.34.020
17 such as requiring valid photo ID when purchasing needs -based multi -ride punch cards and
18 clarifying where those punch cards may be purchased (paragraphs K & L) and removing the
19 language regarding a child traveling under the age of 12 without an escort waiver provision
20 from section N to be consistent with our procedures; and
21
22 WHEREAS, section 10,34.020 paragraph M has been updated and amended to
23 clarify how multiride punch cards are to be handled during fare changes from this point
24 forward; and
25
26 WHEREAS, it is necessary to update and amend section 10.34.030 "Use of ferry
27 user fee revenues" to provide clarification and clear direction on the handling of fare box
28 revenue going forward.
29
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NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code 10.34 is hereby amended as indicated in Exhibit "A" to this
ordinance.
ADOPTED this 25th day of MY , 2023
ATTEST:
Dana Brown -Davis, Clerk of the Council
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM:
b -eG aui v
C PC L4S P(/
Christopher Quinn, Civil Deputy Prosecutor
Page 2
WHATCOM COUNTY COUNCIL
COM CO AS INGTON
Barry "nan, Council Chair
WHATCOM COUNTY, WASHINGTON
st�
Satpal Sidhu, County Executive L�
( ) Approved X) Denied
Date Signed: M Z 3
**See veto message in attached letter
from Executive Sidhu **
Exhibit A
Chapter 10.34
FERRY RATES'
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.
10.34.00--) U(finitions.
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. "OpeFating-sesCLfAeans-all astaal daily Funning-expenses-and-ati-ritual regetar-arid retftiRe
fflaiRteAaRGe an"doiinistfative expenses asrnnk; ed wi
of the feFFy-system,"Ferry User Fees" means the charges required of and collected from all non-exempt
users of the ferry system, as established and periodically amended in the Unified Fee Schedule. Ferry
User Fees do not include 1) any consideration or credits earned under WCC 10.34.0200) or 2) any
surcharges collected pursuant to WCC 10.34.020(0).
C. "Fare Box Considered Revenue" means the revenue from Ferry User Fees. Revenue from other
funding sources will be only be included as Fare Box Considered Revenue if designated by resolution of
the Whatcom County Council.
QZG. "GapitateestCapital Cost" means all capital expenditures, including financing and depreciation
expenses applied to the replacement, expansion, or creation of ferry system physical elements.
Total Operating Expenses" (TOE) means all Ferry System expenses that are not Capital Costs. .
F. "Adjusted Total Operatinq Expenses" (ATOE) is the amount of Total Operating Expenses minus any
shared revenue received, resulting in a lower basis for the calculation of the Fare Box Recovery Goal.
Beginning January 1st 2023. the ATOE amount shall be set be subtracting the following amounts from the
TOE:
(1) Motor Vehicle Fuel Tax Attributable to Ferry Operations;
Exhibit A
(2) Ferry Deficit Reimbursement Funds (RCW 47.56.725 (2)):
(3) Investment income or loss:
(4) County Employee trips as defined in 10.34.010(I):
(5) Other Miscellaneous Income - such as immaterial amounts due to NSF checks.
G. "Fare Box Recovery Rate" means the percentage of ATOE as set by WCC 10.34,030.
H. "Fare Box Recovery Goal" means the amount to be recovered by Fare Box Considered Revenue. The
Fare Box Recovery Goal shall be calculated by multiplying ATOE by the Fare Box Recovery Rate.
I. "Annual Fare Box Contribution" is the Fare Box Considered Revenue annual surplus or deficit from a
given year and shall be calculated by subtracting Fare Box Recovery Goal from the Fare Box Considered
Revenue.
J. "Cumulative Fare Box Reserve" is the ongoing calculation of fare box surplus or deficit and shall be
calculated as the sum of each year's Annual Fare Box Contribution.
KD.—"F-a+e box Fesever-y-rates Fneaas-the salsalated percentage of totalFeueflae geRerated thug ferry
useFfees n-seR7tpatisen to total astoal speFat+Rgsest ny revenue
40M t11e titer- a lEie- a eFatiBnS; OF fr6FR IRtwe6t-
E: ""Ferry useF- fees" -Fnea nd GQlleSted ffem any -and -,all u6e the
f4eFry system, a6 eslablished and peFiedisa4ly-ameRded4n-the-UpAed Fee ashedule.
F. "Rate schedule" means the combination of ferry user fees and operational policies affecting the use of
the ferry system. (Ord. 2021-012 Exh. A; Ord. 2015-034 Exh. A; Ord. 2013-042 Exh. A; Ord. 2012-016
Exh. A; 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)-
10.;4.010 I-Atcok( date I'm fcrr� uoer fcc�.
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. 2021-012 Exh. A; Ord. 2015-034 Exh.
A; Ord. 2013-042 Exh. A; Ord. 2012-016 Exh. A; 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).
Exhibit A
10.34.020 Interpretation of rate schedule.
The following provisions should be observed in application of the ferry rate schedule:
A. Buses, mobile homes, motor homes, fifth wheels in bed of pickup, and trailers including goosenecks
are charged by total length. Length includes tongue, hitch, and projections to the rear.
B. Tow vehicles with trailers shall be charged a combined rate based on total length of the trailer, as
defined in subsection A of this section, and weight of the tow vehicle based on the gross vehicle weight of
the designation of the vehicle. Heavy machinery that is self-propelled onto the ferry shall be charged at
the corresponding vehicle weight.
C. Special trips are a surcharge in addition to the applicable fare.
D. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works
department and published appropriately.
E. All trucks shall be charged regular round-trip rates based on gross vehicle weight.
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 post -high
school enrollment shall be required at time of purchase. No special student discount is available for
drivers of vehicles.
H. Children 12 to under 19 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. During the term of the tidelands lease agreement dated October 24, 2011, lessee (Whatcom County)
shall grant free foot and noncommercial passenger vehicle passage upon and across the ferry operated
by lessee between Gooseberry Point and Lummi Island to those persons going to Lummi Island for
legitimate tribal business who are either enrolled members of the Lummi Nation or employees thereof,
and who also present appropriate identification issued by the nation, including Lummi Indian Business
Council identification cards or current fishing cards/licenses as issued by the Lummi Nation.
Exhibit A
K. A special needs -based discount is provided for Lummi Island residents who meet the very low
in8erneVery Low Income levels set annually by the Department of Housing and Urban Development
(HUD). The special needs -based discount shall always be higher than any other discount. The current
year's levels will be posted on the Whatcom County public works ferry web page. The reviewing authority
will screen all applicants to determine eligibility. The number of needs -based applications processed
annually, regardless of approval, will depend on the constraints of the ferry operations budget for each
year. These special needs -based tickets will only be sold at-theb Whatcom County pobl+e works
adn;4P4sVa6oP,twilding-in Bellin@han3Public Works Administration and will require a valid voucher issued
from the reviewing authority and valid photo ID. Eligibility will be reviewed at least annually by the
reviewing authority. Forms and procedures will be developed by the Whatcom County public works and
the reviewing authority.
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 458-18-020, and as these may be hereafter amended. These special needs -based tickets will
only be sold at-theb Whatcom County publis�adrninistratisn bai{dingan Belli Public Works
Administration and will require valid photo ID.
M. W"One punch on the multi -ride up nch sards purchased card equals one round trip. Rate changes
shall take plaseeffect within 60 calendar days of the adopted date of the ordinance codified in this
chapter. Multi -ride punch cards purchased prior to the most current fare change shall beare valid unlit
s4for three months after the effeGWe-date-oPhe-ordinaase sedified-in-this-s apter:rate change takes
effect. Multi -ride punch cards purchased at the previous rate, rather higher or lower than the new rate,
wilis#ailcan be assepted fewseused as one nd #ip: Ale -a credit towards the
purchase of the currentnewly adopted fare multi -ride punch card. No refunds or rdreplacement cards
will be allowed or issued. Only multi -ride punch cards valid during this three-month window are allowed to
be presented for credit towards a eav-newly adopted fare multi -ride punch cards. These fate skiangeg wall
take-plaGe withiR 60 ralendaF days of the adapted date-Gf4he GFd oaAGG Godifiedis sk►apter
N. All children under the age of 12 years when traveling on the Whatcom County ferry must be
accompanied by an adult. A isy will be made 94f4f the a-parent-erquardian
signs -a wa' tsona-Osunty frern all liabilities#er ark and,all injuries; -less -of lifts —while
O. A capital surcharge of $1.00 shall be collected for all fares except for student multi -ride cards
(subsection G of this section), special needs -based fares (subsection K of this section), and special
senior/disabled fares (subsection L of this section). The capital surcharge shall be used exclusively for the
Exhibit A
construction of a new ferry vessel and terminal improvements. (Ord. 2021-012 Exh. A; Ord. 2015-034
Exh. A; Ord. 2013-042 Exh. A; Ord. 2012-016 Exh. A; 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).
10.34.030 t sc of ferry user fcc revenues.
Beginning January 1, 2006, a 55 percent Fare Box Recovery Rate shall be applied
and evaluated continuously from that time forward on an annual basis. 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--pereeet-fare bex-fecaveFy-f-ate4&-being-ashieued-that the Fare Box
Recovery Rate is being achieved. The annual review shall be presented to the Whatcom County Council
during the 2"d quarter of each calendar year. The purpose of this review is to use the Cumulative Fare
Box Reserve total and current projections to determine if a fare change is warranted. If determined
necessary, all fare changes shall go into effect in January of the following year.
kf-aR"We"ear-The 55% Fare Box Recovery Rate shall be applied to the
exceeds55 peFG xR4aAdlusted tTotal Oeperating eExpenses (ATOE) to determine the amount due from
Fare Box Considered Revenue. The remaining 45% of the ATOE shall be funded through other county
funding sources, which include but are not limited to county road taxes.
The Cumulative Fare Box Reserve shall track each Annual Fare Box Contribution over time and maintain
a running balance of surplus (positive) or deficit (negative) in Fare Box Considered Revenue. A surplus is
the result of excess revenue collection over time and shall be retained in the ferry system fund andto be
applied o;*t solely to fuWFe epeFatingTOE eligible costs. A Cumulative Fare Box Reserve deficit indicates
that additional revenue is needed for the system. Cumulative Fare Box Reserve deficit shall be
recovered through future ferry user fee increase or a decrease in TOE.
In -any veFy Fate 5 peFcent, thO diffefeaGe shall
in a future ferry user -fee inGFease-uAless there is ad g +n the
ferry systeFr -A f;d-sellested-dufing-prieF-year-s
BegifiniRgdaa stateFReteF-vehicle-fuel4ax-feF4effy
epeFatien-will-be-deducted-#uorn theactual-operating-sects-befofe4h,—actual- - peFceAt-faFe box -recovery
fate-ifrsalsulated.. (Ord. 2021-012 Exh. A; Ord. 2015-034 Exh. A; Ord. 2013-042 Exh. A; Ord. 2012-016
Exh. A; 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).
Exhibit A
Prior legislation: Ord. 89-103.
WHATCOM COUNTY
EXECUTIVE'S OFFICE
311 Grand Avenue, Suite 108
Bellingham, WA 98225
MEMORANDUM
TO: Whatcom County Council
FROM:
RE:
DATE:
Satpal Sidhu, Whatcom County Executive
Satpal Singh Sidhu
County Executive
&071� a4d�
Veto of Ordinance 2023-045 amending Chapter 10.34 Ferry Rates
August 9, 2023
I am writing to inform you that I am exercising my power of veto per Whatcom County Charter
3.22(f) on Ordinance 2023-045 Amending Chapter 10.34 Ferry Rates. My written objections are
provided in this memorandum.
1. The County's designated advisory body, the Lummi Island Ferry Advisory Committee
(LIFAC), was unable to convene to provide its recommendations on the code changes
proposed in the Ordinance. The adoption of code changes without any formal
recommendation from LIFAC shows disregard for the County's longstanding tradition of
soliciting public input through our advisory boards and commissions.
2. Statements by Councilmembers and the Executive's Office created a community
expectation that there would be a pause in consideration until the advisory body was
reconstituted and a policy discussion was held in the Public Works and Health
Committee. The vote to approve the Ordinance at the July 25 meeting upended those
expectations.
As I mentioned in my memo from July 31, the Lummi Island community has been on a roller -
coaster ride. This veto is meant to put the brakes on that roller -coaster and restore public trust.
I appreciate that County Council has the authority to override my objections. My veto is an
expression of my dissatisfaction with the process of consideration. I also acknowledge that the
responsibility for this process is shared by the executive branch and legislative branch of County
Government.
I hope that Council, as our policy and legislative body, will work with LIFAC to ensure that
County code related to ferry rates reflects the interests of our constituents, both on the island
and across the County.
RECEIVED
A U G 0 9 2023
WHATCOM COUNTY
COUNCIL