HomeMy WebLinkAboutord2024-023strike• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
• Agenda Bill Report
File Number: AB2024-238
File ID: AB2024-238 Version: 1 Status: Adopted
File Created: 03/29/2024 Entered by: SDraper@co.whatcom.wa.us
Department: Public Works File Type: Ordinance Requiring a Public Hearing
Department
Assigned to: Council
Agenda Date: 04/23/2024
Related Files:
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance Amending WCC 10.34 Ferry Rates
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See Memo
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Final Action: 04/23/2024
Enactment #: ORD 2024-023
Sent To:
04/09/2024 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
04/23/2024 Council ADOPTED
Aye: 6 Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Absent: 1 Buchanan
Attachments: Memo, Proposed Ordinance, Substitute Ordinance for 4.9.2024 Intro, Exhibit A. -Clean, Exhibit A.
-Track Changes, Revised Exhibit A 4.9.2024 Track Changes, Exhibit B Unified Fee Schedule
(removed 4.5.2024, no longer needed), Ferry Council notes 4.9.2024, WCC 10.34 Fiscal Note
4.9.2024
Whatcom County Page t Printed on 412512024
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PROPOSED BY: Public Works
INTRODUCTION DATE:
ORDINANCE NO. 2024-023
AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES
WHEREAS, Chapter 10.34 of the Whatcom County Code (WCC) addresses administration of the
ferry rates; and
WHEREAS, it is necessary to update Chapter 10.34 WCC to clarify definitions contained therein
and to provide additional direction on handling of fare box revenue; and
WHEREAS, it is also necessary to make changes to Chapter 10.34 WCC in order to provide
further clarity on the administration of the ferry system.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County
Code 10.34 (Exhibit A) is hereby amended as attached.
ADOPT f1i. fs 2��id�y of April 20 24
ATTEST:— n LUL
Dana Brown-[�avi'X*i ul f`fhe Council
APPROVED AS T6'FORM:
electronically authorized
4/18/2024
Christopher Quinn, Chief Civil Deputy Prosecutor
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
S.;4-A-L Im *...
Satpal Sidhu, &unty Executive
Approved ( ) Denied
Date Signed: II
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.
10.34.005 Definitions.
A. "Ferry system" means all physical elements of the Lummi Island ferry operations, including Beth -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. "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. FerrV User Fees do not
include 1) any consideration or credits earned under WCC 10.34.020(I) 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 bV resolution of
the Whatcom County Council.
D. "-Capital Cost" means all the capital expenditures, including financing and depreciation expenses
necessary to replace expand or create the physical elements of the ferry system.
E. "Non -Capital EmergencV Repairs" (NCER) means any emergency maintenance or repair to the
terminal structures, and which costs shall be included as part of the Ferry System's operating
expenditures.
F. "Total Operating Gost 4--an-s--a"GWa-I-Expenses" (TOE) means all Fermi System expenses that are
not Capital Costs. TOE includes the vessel rental rate, all daily running expenses -and,, all actual regular
and routine maintenance, all NCER expenses, and all administrative expenses associated with the use
and operation of "'�ysisal-ele4:n^^+s of the ferpy-�the ferry system. Consistent with past practice,
the monthly Tidelands lease or its replacement will continue to be considered part of the Total Operating
Expenses calculation at the value of its annual cash payments regardless of implementing the
Governmental Accounting Standards Board's Statement No. 87 requiring lease accounting changes for
financial reporting.
the -re ernent,""^��^", ^ '"gut,'^^ of forr" s ,stem phy-s�.-�eme4#&G. "Adjusted Total Operating
Expenses" (ATOE) is the amount of Total Operating Expenses (TOE) minus adiustments defined in
10.34.05 (G)(1-6) and then used in the calculation of the Fare Box Recovery Goal.
Beginning January 1 st 2024, the ATOE amount shall be determined by subtracting the following amounts
from the TOE:
(1) Motor Vehicle Fuel Tax Attributable to Ferry Operations;
(2) Ferry Deficit Reimbursement Funds (RCW 47.56.725 (2));
(3) Investment income or loss;
(4) Ge RtV Em^l^„^eFerry Passage trips as defined in 10.34.010(I);
(5) Other Miscellaneous Income — such as immaterial amounts due to NSF checks.
(6) Actual NCER expenditures up to $150,000 in a calendar year.
H. "Fare Box Recovery Rate" means the percentage of ATOE to be recovered by Fare Box Considered
Revenue as set by WCC 10.34.030.
I. "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.
J. "Annual Fare Box Contribution" shall be calculated by subtracting the annual Fare Box Recovery Goal
from the annual Fare Box Considered Revenue. A positive amount indicates a surplus in fare collection
for the year, and a negative amount indicates a deficit in fare collection for the year.
K. "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.
x
E. "Ferry -user -fees" means the Fates and rharges eEluired-ef-and-c-allec— #retna�y-arid-afa--u-sers-of-t44e
FF "Rate schedule" means the combination of ferry user fees and operational policies affecting the use of
the ferry system.
M. "Ferry Fund" is the account where dedicated monies are held for ferry expenses.
N. "Ferry Fund Reserve Target" is defined as 50% of the average prior three years' ATOE and will be
comprised of 55% Fare Box Considered Revenue and 45% County funds. The Ferry Fund shall contain
the full Ferry Fund Reserve Target by 2034.
-(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).
10.34.010 Effective date for ferry user fees.
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).
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 shall be charged a 50 percent surcharge.
l additie+�,Over-width vehicles are
any vehicle or load that exceeds the outside width limit of eight and one-half feet (8.5 ft) as defined in
RCW 46.44.010.
G. Free passage shall be granted to the Whatcom County Fire District 11 for departmental business per
the terms of their interlocal agreement for fire protection services, Whatcom County Contract #201511022
or its replacement.
H. Children 12 to under nineteen 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. Whatcom County employees on official seun#yWhatcom County p hr� `ni�rU� r char ff no ��rrr on+
business shall be exempt from fares. Whatcom County employees must be in a marked Whatcom Count
vehicle or oresent a valid Whatcom Countv identification badqe. Whatcom Countv emolovee trips will be
tracked but not applied in the Adjusted Total Operating Expense calculation. All GGURty empleyee trips
Ferry Passage trips as defined in the collective bargaining agreement between Whatcom County and the
IBU and MMP RULE 23T-hesg exempt fr^m Bros will be tracked, and a $10.00 per Ferry Passage trip will
be c4:eapplied in the Adjusted Total Operating Expense calculation
each year.. as outlined in 10.34.005(G)(4).
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.
K. ASpeeia4 needs -based discount is provided for Lummi Island residents who meet the very lew
9ArAPaeVery Low Income levels set annually by the Department of Housing and Urban Development
(HUD). The needs -based discount shall always be higher than any other discount. The current year's
levels will be posted on the Whatcom County public NorksPublic 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 speEial-needs-based tickets will e+al-ynot be sold aton the
Ferry and will require a valid voucher issued fre+b_y the
reviewing authority and a valid photo ID. Eligibility will be reviewed at least annually by the reviewing
authority. Ferms and procedures will be develeped by the WhatGOM County public works and the,
L. Eligibility for a speGial " er disabled"A needs -based discount is available to-a44 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 speGialmulti-ride needs -based tickets wAl--�are not sold aton the Whatee�a�-Geunty
ferry and wi41-require a valid photo ID.
M. Rate changes adopted by ordinance or executive order shall be implemented no sooner than 60 days
after Whatcom County submits an application for certification of toll changes to the state aid office as may
be required pursuant to WAC 468-22-040. The implementation date for rate changes shall be included in
the authorizing ordinance or executive order. Multi -ride cards are convenience cards that may have a
discount applied to them. Multi -ride cards are only valid if they are fully intact, less punches used. With
the exception of needs -based multi -ride cards no multi -ride card shall have a discount greater than 20%
applied to its corresponding single ride fare. The needs -based multi -ride discount shall always be higher
than any other discount. One punch on the multi -ride card equals one round trip. Multi -ride cards
purchased prior to the most current fare change shall-beare valid +lS'X^+"sfor 30 calendar days
after the effe io%+aterate change takes effect. The remaining value (original value divided by original
number of trips times the remaining unpunched trips) of multi -ride
cards purchased at the previous rate -rather,, higher or lower than the new rate -will, shall be assepted4er
eseused as a credit or refundtowards purchasing the current fare
multi -ride card. No refunds, returns, or replacement cards will be allowed or issued. T-laese rate
epted-da dified4n-th+s chapter.
N. All children under the age of twelve 121 years must be accompanied by an adult when traveling on the
Whatcom County ferry mt+st-be-assempa++ied-by-an-ade eeptiaate4#is-pe44sy-w4li-be-made-en4y4
O. A capital surcharge of $1.00 shall be collected for all fares except for student multi Fide GaFdS
(subseGtion G of this ee needs -based fares (subsection K of this section), and special
;^ b o�fares (and subsection L of this section). The capital surcharge shall be used exclusively
for the construction of a new ferry vessel and terminal improvements.
P. Entities and individuals legally authorized to transport human remains shall be exempt from fares when
using the ferry to pick up and transport the body of a deceased person from Lummi Island. Ferry
personnel reserve the right at the time of travel to require riders claiming this exemption to present burial -
transit permits required under RCW 70.58A.210 or other legal authority authorizing transport of the
deceased person.
(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. O).
10.34.030 Use of ferry user fee reveimes.
Beginning January 1, 2006, a 55 percent fare be, reGovefy FateFare 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 to verify 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 Ferry Fund Reserve Target, and current projections to determine if a fare change
is warranted. Additionally, beginning January 1, 2024, the Cumulative Fare Box Reserve's adequacy shall
be evaluated, in part by comparison against the annual Ferry Fund Reserve Target with the goal of fully
funding the Ferry Fund Reserve Target by 2034. At a minimum, fares or expenditures shall be adiusted
each year for inflation per the Consumer Price Index (CPI-U). All CPI-U related fare changes shall go into
effect in January of the following year.
I n n' the actual fare be � rate ovnanflc the � s revenue e
,,,-a, y�,o „ ,..u, .. �., ..u, fare .,.,,.. �.,... er; , �...........��..The 55 percent; �,-.��,�o��- a Fare Box
Recovery Rate shall be seta ed .n the ferry system-fu-nd-a-Rd-applied to +rag-ees
in any given year the aGtWal fare box recovery rate is below 55 percent, the difference shall be reGeVered
ffa--a-tutuie-ferfy-user-fee-increase-aless-there4s-a,decuafe-�xse&s4eff"-se; f��;even-uethe Adjusted
Total Operating Expenses (A FOE) to determine the Fare Box Recovery Goal. The remaining +n-t4e4e,"
GyGteM € d-Gelleet 45% of the ATOE shall be funded through other countV funding
sources. which include but are not limited to road taxes
eperatie FRil �efluc4ed-fr-orp t e-aGt-ual-operating Gests before the Gfi 5 .,or_.GeRtfare FeGovery
The Cumulative Fare Box Reserve tracks each Annual Fare Box Contribution over time
maintaining a running balance to determine annually if a surplus (positive) or deficit (negative) exists.
Beginning January 1, 2024, the annual Ferry Fund Reserve Target will be subtracted from the Cumulative
Fare Box Reserve before determining if a Cumulative Fare Box Reserve surplus or deficit exists. A
Cumulative Fare Box Reserve deficit indicates that insufficient Fare Box Considered Revenue has been
collected over the years and shall be corrected by increasing future Fare Box Considered Revenues
and/or decreasing TOE. A Cumulative Fare Box Reserve surplus indicates that Fare Box Considered
Revenues have exceeded the amount required by the Fare Box Recovery Goal and the Ferry Fund
Reserve Target. When a cumulative surplus exists, the surplus shall be evaluated with other available
information to determine if a future fare decrease is warranted.
(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).
Prior legislation: Ord. 89-103.