ord2023-057Whatcom County
Agenda Bill Report
File Number: AB2023-548
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
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@co.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WITHDRAWN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 10/1112023
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.
Page 1
1 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
2 Whatcom County Code Chapter 2.145, LUMMI ISLAND FERRY ADVISORY COMMITTEE, be
3 amended as shown in Exhibit A; and
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BE IT FINALLY ORDAINED, all existing members will continue to serve the
duration of their existing terms.
ADO PTI�P,�thjs3 Oth day of Octo
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ana Yrow6 DavisfARlFrV,I tae Council
WHATCOM COUN E�UTIVE '`
APPROVED.T 'ASO FORM:
/s/Karen Frakes approved on 10/10/2023/MR
Civil Deputy Prosecutor
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WHATCOM COUNTY COUNCIL
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COM C TY, ASHINGTON ana ouncil Chair
Page 2
WH TCOM COUNTY, WASHINGTON
Satpal Sidhu, County Executive
Approved ( ) Denied
Date Signed: lohsbes
1
2 EXHIBIT A
3
4 Chapter 2.145
5 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 Whatcom County Ferry Advisory Committee. (Ord. 2012-005 Exh. A).
18
19 2.145.020 Purpose.
20 The Whatcom County Ferry Advisory Committee provides review and recommendations to the
21 Whatcom County council and executive on issues that affect the ongoing operations and infrastructure
22 of ferry service to Lummi Island. The committee also provides a forum for those who depend upon
23 Lummi Island ferry service to voice their ideas and concerns about the ferry service. (Ord. 2012-005 Exh.
24 A).
25
26 2.145.030 Function.
27 A. The committee function is solely to advise the county council or the executive on the following
28 functions:
29
30 1. Review and provide recommendations on proposed changes to ferry operations and fares; and
31 2. Review at least annually ferry revenue and expenditures, ferry fund balance, and actual versus
32 targeted fare return; and
33 3. Assist the county in collecting information from ferry riders on actual and desired ferry services,
34 concerns, and ideas for improved service; and
35 4. Analyze and develop recommendations to continue and improve the cost-effective operation of
36 ferry service to Lummi Island; and
37 5. Review and make recommendations on proposed changes to
38 a. WCC 10.34, Ferry Rates
39 b. WCC 10.36, Ferry Multi -Ride Cards and Quarterly Passes
40 c. The Lummi Island Ferry Service Action Plan as approved in County Resolution 2018-026
41 regarding ferry vessel, terminal, and operations.
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1 B. The committee may advise the county council or the executive by developing recommendations that
2 are approved by a majority of the committee as defined in 2.145.050(E).
3
4 C. If a recommendation is approved by less than a unanimous vote, one or more members may submit a
5 dissenting statement with the recommendations.
6
7 D. The county council and the county executive may consider the committee's recommendations and
8 advice when making ferry -related decisions. The county council and/or county executive will make the
9 final decisions on all ferry -related matters. (Ord. 2012-005 Exh. A).
10
11 2.145.040 Membership —Term of office.
12 A. The committee shall consist of nine voting members
13 0 5 members who live on the island,
14 a 2 members who live in unincorporated Whatcom County,
15 0 2 members who live anywhere on the mainland (incorporated or unincorporated)
16 E Priority given to one Lummi Nation representative when possible
17 0 1 County Councilmember will be an ad hoc non -voting member
18
19 B. The county council shall appoint the committee members. Member terms will be three years;
20 provided, that the terms of members first appointed will be staggered so that three of the committee
21 members shall be appointed for two years. Members of the committee shall serve without
22 compensation. (Ord. 2012-005 Exh. A).
23
24 2.145.050 Organization — Meetings.
25 A. Meetings of the committee shall be open and accessible to the public and shall be subject to the
26 Open Public Meetings Act. There will be a good faith effort to host meetings both on and off island.
27
28 B.. A public comment session will be scheduled at all regular meetings. Public Comment is not required
29 at special meetings. Public comment can be provided orally at a regular meeting or in writing prior to or
30 at a regular meeting
31
32 C. Written records of meetings, resolutions, research, findings and recommendations shall be kept and
33 such records shall be submitted to county council staff and shall be made public, including posting on
34 the county website.
35
36 D. The committee shall adopt its own rules and procedures for the conduct of business, except the
37 number of members required for a quorum to meet and take action.
38
39 E. The number of members required for a quorum in order to meet and take action is five voting
40 members, which is a majority of all positions regardless of whether or not any positions are vacant.
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F. The committee shall elect a chairperson from among its members who shall preside at its meetings.
G. The committee shall annually, at the first meeting in January, review the most current County Council
and County Executive Expectations for Boards and Commissions. The most current version will be
posted on the committee website.
H. The committee shall determine its meeting schedule and agenda, but shall meet at least quarterly.
I. The committee may form and appoint ad hoc committees to work on specific issues, so long as at least
two committee members are also members of each ad hoc committee.
J. The committee shall comply with Chapter 2.03 WCC, Boards and Commissions. (Ord. 2012-005 Exh. A).
2.145.055 Membership — Rules of Procedure and Conduct.
A. All members shall be trained on and comply with the Open Public Meetings Act, and training shall be
done and updated per the State Open Government Training Act and RCW 42.30.205. 25
B. All members shall comply with the most current version of the County Council and County Executive
Expectations for Boards and Commissions.
2.145.060 Committee staffing.
The committee is encouraged to operate and hold its meetings as independent of county staffing and
resources as possible, including but not limited to developing its own agendas and minutes.
Ongoing administrative support to the committee shall be provided by the county Public Works
Department to ensure the committee complies with County Code requirements, the Open Public
Meetings Act (OPMA), and the Public Records Act, including but not limited to:
A. entering into agreements for and paying the cost of meeting rental venues
B. ensuring meeting agendas and minutes and other required meeting information are posted to the
County website per OPMA and County Code requirements
C. responding to public records requests and maintaining committee's records
Additional staffing and other resources for the committee shall be requested through the county
executive's office.
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1 All staff time and county resources expended in support of the committee, including meeting venue
2 rental fees and costs for providing remote meeting access, will be considered ferry operation expenses.
3 The committee is authorized to request from the executive's office information from administrative
4 departments as necessary. (Ord. 2012-005 Exh. A).
Page 6