HomeMy WebLinkAboutord2023-057strikeWhatcom County COUNTY COURTHOUSE
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Bellingham, WA 98225-4038
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Agenda Bill Report
File Number: AB2023-548
File ID: AB2023-548 Version: 1 Status: Adopted
File Created: 08/23/2023 Entered by: JNixon@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council Committee of the Whole Final Action: 10/10/2023
Agenda Date: 10/10/2023 Enactment #: ORD 2023-057
Related Files:
Primary Contact Email: JNixon(qco.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending WCC 2.145, Lummi Island Ferry Advisory Committee
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
09/12/2023 Council WITHDRAWN
Aye: 5 Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay. 2 Elenbaas, and Galloway
09/26/2023 Council SUBSTITUTE INTRODUCED Council Committee of the Whole
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
10/10/2023 Council Committee of the Whole RECOMMENDED FOR
ADOPTION
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
10/10/2023 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Whatcom County Page 1 Printed on 1011112023
Agenda Bill Report Continued (AB2023-548)
Attachments: Proposed Ordinance, Proposed Ordinance as Amended in Committee 9.12.2023, Substitute
Ordinance 9.26.23, Substitute Ordinance as amended in Committee 9.26.2023
Whatcom County Page 2 Printed on 10/1112023
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PROPOSED BY: Todd Donovan
INTRODUCTION DATE: 9/26/2023
ORDINANCE NO. 2023 - 057
AMENDING WCC 2.145, LUMMI ISLAND FERRY ADVISORY COMMITTEE
WHEREAS, Whatcom County formed the Lummi Island Ferry Advisory Committee
(LIFAC) in 2012 to provide review and recommendations to the Whatcom County Council
and Executive on issues that affect the ongoing operations and infrastructure of ferry
service to Lummi Island and to provide a forum for those who depend upon Lummi Island
ferry service to voice their ideas and concerns about the ferry service; and
WHEREAS, compliance with the Open Public Meetings Act (OPMA) and Public
Records Act (PRA) requires certain administrative functions for the County's citizen advisory
committees, such as, but not limited to, holding open public meetings at public meeting
venues on Lummi Island and communicating its agendas and minutes to the community on
the County website; and
WHEREAS, most County boards, commissions, and advisory committees comprised
of volunteer citizens have County or other public agency staff assigned to provide some
level of administrative support and a public meeting location; and
WHEREAS, reservation and use of non -County owned meeting venue(s) on Lummi
Island requires funding and entering into an agreement for use of the venue, which
volunteer citizen advisory committee members are not authorized to commit to on behalf of
the County; and
WHEREAS, the County Public Works Department provides technical support to the
LIFAC on ferry -related issues, and attends most or all LIFAC meetings, but LIFAC does not
have a basic level of administrative support to comply with OPMA and PRA requirements;
and
WHEREAS, providing remote meeting access would benefit community members
who don't live on the Island, Islanders who can't attend meetings in person, and County
staff who attend LIFAC meetings but don't live on Lummi Island.
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NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code Chapter 2.145, LUMMI ISLAND FERRY ADVISORY COMMITTEE, be
amended as shown in Exhibit A; and
BE IT FINALLY ORDAINED, all existing members will continue to serve the
duration of their existing terms.
ADOPT., Q thjs;A2jh day of Octob
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J�.•'�Ar '•• C,
ana 'rowa75a S!, A,9p*> ofsstl 'e Council
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WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM:
/s/Karen Frakes approved on 10/10/2023/MR
Civil Deputy Prosecutor
er , 20 23 .
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WHATCOM COUNTY COUNCIL
TCOM C TY, ASHINGTON
B y c ana ouncil Chair
WH TCOM COUNTY, WASHIINGTON
C
Satpal Sidhu, County Executive
X) Approved ( ) Denied
Date Signed: 101 (517e5
1
2 EXHIBIT A
3
4 Chapter 2.145
5 LUMMI ISLA WHATCOM COUNTY FERRY ADVISORY COMMITTEE
6
7 Sections:
8 2.145.010 Established.
9 2.145.020 Purpose.
10 2.145.030 Function.
11 2.145.040 Membership —Term of office.
12 2.145.050 Organization — Meetings.
13 2.145.055 Membership — Rules of Procedure and Conduct.
14 2.145.060 Committee staffing.
15
16 2.145.010 Established.
17 There is hereby established the' u" .m.i 1 lan Whatcom County #Ferry aAdvisory cCommittee. (Ord.
18 2012-005 Exh. A).
19
20 2.145.020 Purpose.
21 The Whatcom County #Ferry aAdvisory c-Committee provides review and
22 recommendations to the Whatcom County council and executive on issues that affect the ongoing
23 operations and infrastructure of ferry service to Lummi Island. The committee also provides a forum for
24 those who depend upon Lummi Island ferry service to voice their ideas and concerns about the ferry
25 service. (Ord. 2012-005 Exh. A).
26
27 2.145.030 Function.
28 A. The committee function is solely to advise the county council or the executive on the following
29 functions:
30
31 Al. Review and provide recommendations on proposed changes to ferry operations and fares; and
32 2. Review at least annually ferry revenue and expenditures, ferry fund balance, and actual versus
33 targeted fare return; and
34 3. Assist the county in collecting information from ferry riders on actual and desired ferry services,
35 concerns, and ideas for improved service; and
36 4. Analyze and develop recommendations to continue and improve the cost—effective operation
37 of ferry service to Lummi Island; and
38 5. Review; and make recommendations on proposed changes to
39 a. WCC 10.34, Ferry Rates
40 b. WCC 10.36, Ferry Multi -Ride Cards and Quarterly Passes
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1 c. The Lummi Island Ferry Service Action Plan as approved in County Resolution 2018-026
2 regarding ferry vessel, terminal, and operations replae„me„+ long teFFR planning, „ark;„g
3 , altemative funding
4 .
5 B. The committee may advise the county council or the executive by developing recommendations that
6 are approved by a malority of the committee as defined in 2.145.050(E).
7
8 C. If a recommendation is approved by less than a unanimous vote, one or more members may submit a
9 dissenting statement with the recommendations.
10
11 D. The county council and the county executive may consider the committee's recommendations and
12 advice when making ferry -related decisions. The county council and/or county executive will make the
13 final decisions on all ferry -related matters. (Ord. 2012-005 Exh. A).
14
15
16 2.145.040 Membership -Term of office.
17 A. The committee shall consist of seven nine voting members, with at least feur nA- more than fiv
18 them Fesidents er preperty ewners on. Lufflffli Island. A qUGFUM shall consist E)f _;# least h;;'f Af thim
19 appeiRted members.
20 • 5 members who live on the island,
21 • 2 members who live in unincorporated Whatcom County,
22 • 2 members who live anywhere on the mainland (incorporated or unincorporated)
23 ■ Priority given to one Lummi Nation representative when possible
24 • 1 County Councilmember will be an ad hoc non -voting member
25
26 B. The county council shall appoint the committee members. Member terms will be three years;
27 provided, that the terms of members first appointed will be staggered so that three of the committee
28 members shall be appointed for two years. Members of the committee shall serve without
29 compensation. (Ord. 2012-005 Exh. A).
30
31 2.145.050 Organization - Meetings.
32 A. Meetings of the committee shall be open and accessible to the public and shall be subject to the
33 Open Public Meetings Act. There will be a good faith effort to host meetings both on and off island.
34
35 B. At eveFy meeting,
36 issues. A public comment session will be scheduled at all regular meetings. Public Comment is not
37 required at special meetings. Public comment can be provided orally at a regular meeting or in writing
38 prior to or at a regular meeting
39
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1 C. Written records of meetings, resolutions, research, findings and recommendations shall be kept and
2 such records shall be submitted to county council staff and shall be made public, including posting on
3 the county website.
4
5 D. The committee shall adopt its own rules and procedures for the conduct of business, except the
6 number of members required for a quorum to meet and take action.
7
8 E. The number of members required for a quorum in order to meet and take action is five voting
9 members, which is a majority of all positions regardless of whether or not any positions are vacant.
10
11 F. The committee shall elect a chairperson from among its members who shall preside at its meetings.
12
13G. The committee shall annually, at the first meeting in January, review the most current County
14 Council and County Executive Expectations for Boards and Commissions. The most current version will
15 be posted on the committee website.
16
17 H. The committee shall determine its meeting schedule and agenda, but shall meet at least quarterly.
18
19 GI. The committee may form and appoint ad hoc committees to work on specific issues, so long as at
20 least two committee members are also members of each ad hoc committee.
21
22 HJ. The committee shall comply with Chapter 2.03 WCC, Boards and Commissions. (Ord. 2012-005 Exh.
23 A).
24
25 2.145.055 Membership — Rules of Procedure and Conduct.
26
27 A. All members shall be trained on and comply with the Open Public Meetings Act, and training shall be
28 done and updated per the State Open Government Training Act and RCW 42.30.205. 25
29
30 B. All members shall comply with the most current version of the County Council and County Executive
31 Expectations for Boards and Commissions.
32
33 2.145.060 Committee staffing.
34 The committee is encouraged to operate and hold its meetings as independent of county staffing and
35 resources as possible, including but not limited to developing its own agendas and minutes.
36
37 Ongoing administrative support to the committee shall be provided by the county Public Works
38 Department to ensure the committee complies with County Code requirements, the Open Public
39 Meetings Act (OPMA), and the Public Records Act, including but not limited to:
40
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I A. entering into agreements for and paving the cost of meeting rental venues
2
3 B. ensuring meeting agendas and minutes and other required meeting information are posted to the
4 County website per OPMA and County Code requirements
5
6 C. responding to public records requests and maintaining committee's records
7
8 Additional Sstaffing and other resources for the committee shall be requested through the county
9 executive's office.
10
11 All staff time and county resources expended in support of the committee, including meeting venue
12 rental fees and costs for providing remote meeting access, will be considered ferry operation expenses.
13 The committee is authorized to request from the executive's office information from administrative
14 departments as necessary. (Ord. 2012-005 Exh. A).
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