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Home My WebLink Aboutord2013-016 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013- 130 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: AD 3/1/13 _ (�`� ►��- M 3/ 26/ 2013 Introduction_ Division Head: 3 ii 13 R v �`— 4/9/2013 Finance/Council l Dept. Head: � spa- l3 MAR 19 2013 _ Prosecutor: td j 3i 1, 13 WHATCOM COUNTY Purchasing/Budget: v COUNCIL Executive: 0'rt TITLE OF DOCU NT: Amend WCC Chapter 3 .37.070 to Establish Membership of the Behavioral Health Revenue Advisory Committee. ATTACHMENT: Memo to Executive, WCC Chapter 3 .37 Exhibit A, Ordinance SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The purpose of the proposed amendment to Whatcom County Code is to amend Chapter 3 . 37, section 070. The new section will eliminate mental health and substance abuse advisory board representation due to the dissolution of those boards, and establish the Behavioral Health Advisory Board representation . COMMITTEE ACTION:: COUNCIL ACTION: 4 / 09 / 2013 : Forwarded to Council for approval 3 / 26 / 2013 : Introduced 4 / 09 / 2013 : Council Adopted 5 - 2 , Brenner and Knutzen opposed Ord . 2013 - 016 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2013 -016 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council Date prepared : 3/ 1/2013 1 SPONSORED BY : Consent 2 3 PROPOSED BY : Health 4 5 INTRODUCTION DATE : 3 / 26 / 2013 6 7 8 9 ORDINANCE NO . 2013 -016 10 11 12 An Ordinance Amending County Code, Chapter 3 . 37, Section 3 . 37 . 070 Chemical 13 dependency/ mental health program fund oversight advisory committee 14 15 WHEREAS , the Chemical Dependency/ Mental Health Program Fund 16 Advisory Committee requires representation from the mental health and 17 substance abuse boards ; and 18 19 WHEREAS, the Mental Health and Substance Abuse Advisory Boards 20 have been dissolved ; and 21 22 WHEREAS, Whatcom County has created a new Behavioral Health 23 Advisory Board to represent Mental Health and Substance Abuse issues ; and 24 25 WHEREAS , new representation from the Behavioral Health Advisory 26 Board on the Chemical Dependency/ Mental Health Program Fund Advisory 27 Committee is now necessary ; and 28 29 WHEREAS, certain sections of the existing code are obsolete because 30 of the dissolution of the Mental Health and Substance Abuse Advisory 31 Boards ; and 32 33 WHEREAS, the existing code must designate member representation 34 from the newly established Behavioral Health Advisory Board 35 36 37 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County 38 Council that Whatcom County Code Chapter 3 . 37 . 070 is amended as 39 specified in Exhibit A of this ordinance to replace substance abuse and 40 mental health advisory board representation with Behavioral Health Advisory 41 Board representation , repealing obsolete sections . 42 43 44 Page 1 Date prepared : 3/ 1 /2013 1 ADOPTED this 9th day of April , 2013 . 2 4 ` �� . ®�� U ''•, WHATCOM COUNTY COUNCIL 5 ATT� • • em1AT0 • g°'l,,//��/ WHATCOM COUNTY, WASHINGTON 7 s • . . . ass obs 8 ire , a... .., C-_____ 10 Data Bros Davis . erk of4he Council Kathy Kershner, Council Chair 11 % • • • SNING' • • • ■ 12 ,'; 0000 • ° • i 13 ''..,/, ,� , ► ►* ► ► ��``v,``` 14 WHATCOM COUNTY EXECUTIVE 15 WHATCOM C NTY, aSHINGTON 16 APPROVED AS TO FORM : 17 18 t*Lte-1.. 19 20 Civil Deputy Prosecutor Jack Louw , County Ex cutive 21 22 OC ) Approved ( ) Denied 23 24 Date SigneL2,o✓ 10 , ao ,J 25 26 27 Page 2 Exhibit A 3.37.070 Chemical dependency/mental health program fund oversight advisory committee. To ensure oversight, implementation, and evaluation, the county council authorizes the county executive to appoint a 10-member oversight committee consisting of one representative from each of the following areas : Peace Health Hospital, the judicial branch of Whatcom County government, the Whatcom County sheriff or designee, the chief of corrections or designee, the Whatcom County public health director or designee, and the Behavioral Health Advisory Board. The remaining four positions are to include two people that represent mental health advocacy, and two people that represent drug recovery advocacy. In coordination with the oversight committee, the executive or designee shall submit quarterly progress reports and one annual summary report for those programs supported with the sales tax revenue to the county council. (Ord. 2008-027 Exh. A) . • Chapter 3 .37 SALES AND USE TAX FOR CHEMICAL DEPENDENCY OR MENTAL HEALTH TREATMENT SERVICES AND THERAPEUTIC COURT PROGRAMS Sections : 3 .37.010 Sales and use tax imposed. 3 . 37.020 Tax rate and applicability. 3 .37 .030 Administration and collection. 3 .37.040 Establishment of chemical dependency/mental health program fund. 3 .37. 050 Use of funds . 3 .37.060 Administration of fund. 3 .37 . 070 Chemical dependency/mental health program fund oversight advisory committee. 3 .37.080 Effective date. 3 . 37.090 Severability. 3 .37.010 Sales and use tax imposed. Pursuant to RCW 82. 14.460, there is hereby imposed a sales and use tax, as the case may be, upon any taxable event, as defined in Chapters 82 . 08 and 82 . 12 RCW, occurring within Whatcom County. The tax shall be imposed upon and collected from those persons who are taxable by the state under Chapters 82 . 08 and 82 . 12 RCW. This tax shall be in addition to any other sales and use tax imposed by the state of Washington and/or Whatcom County. (Ord. 2008-027 Exh. A). 3.37.020 Tax rate and applicability. The rate of tax shall equal one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used in the case of a use tax. (Ord. 2008-027 Exh. A). 3 .37.030 Administration and collection. The tax imposed by this chapter shall be administered and collected in accordance with RCW 82. 14.050. The county executive or designee is hereby authorized to and directed to execute any contracts with the Washington State. Department of Revenue that may be necessary to provide for the administration or collection of the tax. (Ord. 2008-027 Exh. A). 3 .37.040 Establishment of chemical dependency/mental health program fund. There is hereby created the chemical dependency/mental health program fund. The Whatcom County treasurer shall deposit monies collected pursuant to this chapter in this fund. The treasurer may invest the fund balance and any interest earned shall be deposited into this fund. (Ord. 2008-027 Exh. A). 3.37.050 Use of funds. Monies deposited into the chemical dependency/mental health program fund shall be used solely for the purpose of providing new or expanded chemical dependency or mental health treatment services and for the operation of new or expanded therapeutic court programs, and as otherwise authorized by the laws of the state of Washington as referenced in RCW 82. 14.460. Monies collected under this chapter may be used to supplant existing funding for these programs as authorized by the laws of the State of Washington as referenced in RCW 82 . 1.4.460. (Ord. 2008-027 Exit A). 3.37.060 Administration of fund. The county executive shall administer the chemical dependency/mental health program fund with the assistance of the chemical dependency/mental health program fund oversight advisory committee and the Whatcom County health department, in accordance with budgetary processes and Whatcom County administrative policies and state statutes. (Ord. 2008-027 Exh. A). 3.37.070 Chemical dependency/mental health program fund oversight advisory committee. To ensure oversight, implementation, and evaluation, the county council authorizes the county executive to appoint a 10-member oversight committee consisting of one representative from each of the following areas: Peace Health Hospital, the judicial branch of Whatcom County government, the Whatcom County sheriff or designee, the chief of corrections or designee, the Whatcom County public health director or designee, and the Behavioral Health Advisory Board. The remaining four positions are to include two people that represent mental health advocacy, and two people that represent drug recovery advocacy. In coordination with the oversight committee, the executive or designee shall submit quarterly progress reports and one annual summary report for those programs supported with the sales tax revenue to the county council. (Ord. 2008-027 Exh. A). . 3.37.080 Effective date. In accordance with the Whatcom County budget cycle, this chapter shall take effect January 1 , 2009. (Ord. 2008-027 Exh. A). 3.37.090 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2008-027 Exh. A) .