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File ID:
AB2022-303
File Created:
05/17/2022
Department:
Council Office
Assigned to:
Council
Agenda Date: 06/07/2022
Whatcom County
Agenda Bill Master Report
File Number: AB2022-303
Version: 1
Entered by: DBrown@co.whatcom.wa.us
File Type: Ordinance
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Status: Adopted
Final Action: 06/07/2022
Enactment #: ORD 2022-045
Ordinance providing for the submission of a proposition to the qualified electors of Whatcom County
authorizing the County to lift the limit on regular property taxes under Chapter 84.55 RCW for the purpose of
funding for childcare, early learning programs, and increased support for vulnerable children
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This ordinance submits to the Whatcom County Auditor, for inclusion on the ballot in a special election
to be held concurrently with the November 8, 2022, general election, a proposition to the qualified
voters of the County to approve or reject a levy above the regular property tax limitations established in
RCW 84.55.010 for the funding of childcare and early childhood programs to improve kindergarten
readiness and funding for support of homeless and otherwise vulnerable children. The proposed levy lid
lift authorized by this proposition would permit the County to increase its regular property tax levy by
$0.19 per $1000 of assessed valuation, resulting in a regular property tax levy of $0.94 per $1000 of
assessed valuation for collection in 2023 (calculated using the regular property tax rate in 2022, based
on total assessed value in 2021), and to increase the levy thereafter as allowed by chapter 84.55 RCW
to allow for the uninterrupted continuation of the levy lid lift for a term of ten (10) years. The amount
collected in 2023 and in the following 9 years will be approximately $8,200,000.00 annually. Pursuant
to RCW 84.55.050(5), the maximum regular property taxes that may be levied in 2032 for collection in
2033 and in later years shall be computed as if the proposition under this resolution had not been
approved.
HISTORY OF LEGISLATIVE FILE
Whatcom County Page t Printed on 6/8/2022
Agenda Bill Master Report Continued (A82022-303)
Date: Acting Body:
Action:
Sent To:
05/24/2022 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
06/07/2022 Council ADOPTED
Aye: 5 Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 1 Elenbaas
Absent: 0
Abstain: 1 Byrd
Attachments: Proposed Ordinance for June 7, Link to AB2022-303 Public Comments, Letter from Child and
Family Well -Being Task Force
Whatcom County Page 2 Printed on 6/8/2022
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PROPOSED BY: BUCHANAN AND DONOVAN
INTRODUCTION DATE: MAY 24, 2022
ORDINANCE NO. 2022-045
PROVIDING FOR THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED
ELECTORS OF WHATCOM COUNTY AUTHORIZING THE COUNTY TO LIFT THE LIMIT
ON REGULAR PROPERTY TAXES UNDER CHAPTER 84.55 RCW FOR THE PURPOSE OF
FUNDING FOR CHILDCARE, EARLY LEARNING PROGRAMS, AND INCREASED
SUPPORT FOR VULNERABLE CHILDREN
WHEREAS, studies show that 90% of the human brain is developed before the age
of 5. This period before kindergarten is the critical window for children to learn the basic
skills to have a successful life and be ready to learn in school, such as attention, motivation,
coordination, and self-esteem; and
WHEREAS, there are approximately 10,000 children under the age of 5 in Whatcom
County, and up to 5,000 lack access to early learning because there are not enough spaces
available. This childcare gap is worse in rural areas of the county; and
WHEREAS, studies show that children who go to high -quality preschool are more
likely to read proficiently by the third grade, and more likely to graduate and go on to post -
high school education such as college, technical school, or training programs that lead to
good jobs as adults; and
WHEREAS, recent data shows that only 46% of students in Whatcom County, and
only 25% of children of color, enter kindergarten fully ready to learn; and
WHEREAS, research shows that, for every dollar invested in early childhood
programs, between $7 and $13 are saved in benefits to the community, including higher
graduation rates, lower incarceration rates, and lower healthcare costs. Whatcom County
currently spends only 2% of its budget on programs related to families, but spends much
more responding to situations involving severe mental illness and homelessness, and on
incarceration; and
WHEREAS, over 85% of Whatcom County businesses report staffing challenges from
lack of childcare access; and
WHEREAS, increased wages would help attract, train, and keep high quality
educators and providers for children in Whatcom County. Child care workers are essential,
but their salaries have not kept up with the cost of living. Most earn minimum wage; less
than $30,000 a year on average; and
WHEREAS, chapter 84.55 RCW generally limits the dollar amount of regular
property taxes that a county may levy in any year, but RCW 84.55.050 allows a county to
levy taxes exceeding such limit by majority approval of the voters, allows a county to
include in the ballot proposition a limit on the purpose for which the additional taxes levied
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will be used and allows the proposition to provide for the expiration of the additional taxing
authority; and
WHEREAS, The Whatcom County Council finds that the best interests of the citizens
of Whatcom County require the submission of a proposition to the qualified voters of the
County, in a special election to be held concurrently with the general election on November
8, 2022, to approve or reject a levy above the regular property tax limitations established in
RCW 84.55.010 for the funding of childcare and early childhood programs to improve
kindergarten readiness and funding for support of homeless and otherwise vulnerable
children; and
WHEREAS, the proposed levy lid lift authorized by this proposition would permit the
County to increase its regular property tax levy by $0.19 per $1000 of assessed valuation,
resulting in a regular property tax levy of $0.94 per $1000 of assessed valuation for
collection in 2023 (calculated using the regular property tax rate in 2022, based on total
assessed value in 2021), and to increase the levy thereafter as allowed by chapter 84.55
RCW to allow for the uninterrupted continuation of the levy lid lift for a term of ten (10)
years. The amount collected in 2023 and in the following 9 years will be approximately
$8,200,000.00 annually; and
WHEREAS, the County wishes to exempt those individuals that qualify for property
tax exemptions under RCW 84.36.381; and
WHEREAS, pursuant to RCW 84.55.050(5), the maximum regular property taxes
that may be levied in 2032 for collection in 2033 and in later years shall be computed as if
the proposition under this resolution had not been approved.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
SECTION 1 LEVY SUBMITTAL: To provide necessary funding for the purposes identified
in Section 3 of this ordinance, the County Council shall submit to the qualified electors of
the County a proposition authorizing a regular property tax levy in excess of the levy
limitation contained in chapter 84.55 RCW which would allow the County, commencing in
2023 and thereafter continuing for an additional 9 years, to collect additional property taxes
in the amount of $0.19 per $1000 of assessed valuation, for a total regular property tax of
$0.94 per $1000 of assessed valuation for collection in 2023. This proposed additional levy
is within the limitations set by RCW 84.52.043.
SECTION 2 DEPOSIT OF LEVY PROCEEDS: All levy proceeds shall be deposited into a
fund, to be known as the Healthy Children's Fund, which shall be created by ordinance, and
these funds and proceeds thereon shall be used exclusively for the purposes outlined in
Section 3.
SECTION 3 ELIGIBLE EXPENDITURES:
A. The Healthy Children's Fund shall be used exclusively for the following:
Increasing Affordable, High -Quality, Professional, and Accessible Early
Learning and Child Care Opportunities. Young children of all backgrounds will
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have increased access to affordable, high -quality, professional, and accessible
early learning and child care experiences that meet the unique needs of families
across Whatcom County.
a. Funding in this area must address each of the following priorities:
Affordable: Decrease the cost of early learning and child care
experiences for both families and providers.
High -Quality: Increase the quality of early learning and child care
experiences.
Professional: Attract and retain quality early childhood educators.
Accessible: Expand early learning and child care services that meet
the varied needs of families and children. Geographic locations, ages
of children, special needs, and a broad range of child care scheduling
needs (including emergency child care opportunities) will all be
considered in the development.
2. Helping vulnerable children of all backgrounds, including homeless and
at -risk children. Vulnerable children of all backgrounds will have increased
access to the support they need, either directly or through support for their
families, including mental and behavioral health services and housing stability
programs. For the purposes of this ordinance, vulnerable children' are defined
as any children at greater risk of experiencing physical or emotional harm and/or
experiencing poor outcomes because of one or more factors in their lives,
including but not limited to homeless and foster children.
a. Funding in this area must address each of the following priorities:
Expand Mental and Behavioral Health: Expand mental health
services for vulnerable children and their families.
Prevent and reduce homelessness of vulnerable children:
Reduce the instances of vulnerable children experiencing
homelessness, through diversion and other preventative services and
reduce the trauma associated with homelessness by supporting interim
housing services and trauma -focused system reform directed at
vulnerable children and their families.
Support Vulnerable Children's Parents: Expand supports and
services for families who have or are expecting children deemed to be
vulnerable.
b. Services funded under this section shall not include those that are already
funded through the Continuum of Care system for homelessness that is
part of the federal and state -mandated Coordinated Entry System.
3. Help all children be ready for kindergarten. Improvements to child care and
early learning programs under this measure must be designed to advance the
goal that children of all backgrounds in Whatcom County should enter
kindergarten prepared and ready to learn.
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4. Independent Performance Audits and Oversight: Ensure that taxpayer
money is well spent achieving the goals adopted by the County Council in this
ordinance and endorsed by the voters through passage of the levy.
B. Funding requirements and limitations:
1. The County shall ensure that the Healthy Children's Fund is used exclusively to
sustain an increase in overall public expenditures for eligible services as set forth
in this ordinance. Money in the Healthy Children's Fund shall not be used in lieu
of federal, state, county, city or school district funding already committed for the
purpose of providing outlined services.
2. All service providers, vendors and subcontractors of the Healthy Children's Fund
shall be selected by fund administrators in compliance with County purchasing
procedures. All service providers shall have and adhere to robust anti-
discrimination and child protection policies. All contracts for service resulting from
The Healthy Children's Fund should state the contract's objective, whether from
this ordinance or the Community Health Improvement Plan.
3. Reimbursements to the County for administrative costs, evaluation, and overhead
shall be limited to nine percent of levy proceeds, with up to three percent used
for auditing and evaluation.
4. The Healthy Children's Fund may maintain reserve funds. It is intended that
substantially all levy proceeds will be used for the purposes set forth in this
ordinance within the ten-year levy period, and reserves maintained after the
ninth year of the levy must be supported by a formal statement justifying the
need for the reserve.
SECTION 4 IMPLEMENTATION PLAN:
1. The Department of Health shall serve as the fund administrator to develop an
implementation plan and oversee the implementation of the Healthy Children's
Fund. However, should the County later create a new department or entity that is
a more appropriate fund administrator, the County Executive, with the
concurrence of the County Council, may transfer the role of fund administrator to
that new department or entity.
2. The Fund Administrator shall develop an implementation plan that identifies the
specific strategies and projects to be funded and the outcomes to be achieved
with the use of levy proceeds.
3. This implementation plan shall, to the maximum extent possible, be developed in
collaboration with the Child and Family Well-being Taskforce, an existing
community board established by the Whatcom County Council, and shall be
approved by the County Council and transmitted to the County Executive by
March 31, 2023, and every 2 years thereafter to be included as part of the
budget submitted to the Council.
4. The Implementation Plan, including the spending plan, shall be open to and
shared with the public. Before submitting to the County Executive, the Fund
Administrator shall seek input from relevant advisory groups, including the Child
and Family Well -Being Taskforce. The implementation plan should also include
the following information:
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a) Details of fund allocations across eligible expenditures and strategies,
including as a percentage of the fund revenue;
b) Working criteria for fund allocation to guide the granting and/or
contracting process for non -administrative expenses;
c) An overview of the granting/contracting process that includes
opportunities for community members to provide input in to fund
allocation decisions; and;
d) Opportunities for leveraging the fund and bringing in external
resources to the county.
5. The initial 2-year Implementation Plan shall allocate no less than 55% and no
more than 68% of levy revenue and proceeds to improving early learning and
care through the strategies outlined in paragraph 3.A.1 and shall allocate no less
than 20% and no more than 36% of levy revenue and proceeds to supporting
vulnerable children through the strategies outlined in paragraph 3.A.2.
6. In subsequent years of the fund, adjustments can be made to the allocations by
the County Council based on the information reflected in the independent audit,
recommendations by the Child and Family Well -Being Task Force, the emergent
needs of our community, and changes in state and federal funding availability.
SECTION 5 INDEPENDENT PERFORMANCE AUDITS AND OVERSIGHT:
1. Every other year, a qualified independent auditor shall conduct a performance
audit of the Healthy Children's Fund. The auditor shall be selected in compliance
with County purchasing procedures. The auditor shall develop the audit process
in consultation with the Child and Family Well -Being Taskforce, which shall also
provide feedback on the draft audit before its submission to the County Council.
The audit shall:
a) Collect and review data and evaluate progress towards achieving the
goals and strategies adopted in section 3;
b) Collect and report on feedback from stakeholders, including users and
providers;
c) Include qualitative and quantitative sources; and
d) Include recommendations for improvements or adjustments.
2. The Child and Family Well -Being Taskforce, with the support of the Fund
Administrator, will write and deliver an annual report to the public and the
County Council. This shall include progress made toward agreed upon goals,
outcomes, and metrics. Fund Administrators shall use this report, and
recommendations from the Evaluation, to make improvements in fund
administration.
SECTION 6 CALL FOR A SPECIAL ELECTION: In accordance with RCW 29A.04.32I, the
Whatcom County Council hereby calls for a special election to be held in conjunction with
the general election on November 8, 2022, to consider a proposition authorizing a regular
property tax levy for the purposes described in this ordinance. The Whatcom County Auditor
shall cause notice to be given of this ordinance in accordance with the state constitution and
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general law and to submit to the qualified electors of the county, at the said special county
election, the proposition hereinafter set forth. The Clerk of the Council shall certify that
proposition to the County Auditor in substantially the following form:
PROPOSITION XX:
The Whatcom County Council adopted Ordinance No. 2022-045 concerning funding to
address the well-being of children. If approved, this proposition would authorize the County
to increase property taxes to fund childcare, early learning programs, and increased support
for vulnerable children. This measure would increase property taxes for ten consecutive
years in the amount of $0.19/$1000 in assessed valuation (to a total rate of $0.94/$1000 in
assessed valuation for collection in 2023) for collection in 2023-2032, subject to the limit
factors in chapter 84.55 RCW and the exemptions in RCW 84.36.381. Should this
proposition be approved?
❑ Yes
❑ No
SECTION 7 CORRECTIONS: The Prosecuting Attorney is authorized to make such minor
adjustments to the wording of this proposition as may be required that do not change its
substantive meaning and are consistent with the intent of this ordinance.
SECTION 8 EXPLANATORY STATEMENT: The Prosecuting Attorney shall prepare an
Explanatory Statement based on this ordinance for use in the Voters' Pamphlet.
SECTION 9 SEVERABILITY: If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance or the application of
the provision to other persons or circumstances is not affected.
0 II III,
hi14111 th day of June
o w.
Da, a own='b vis Gl rk of the Council
WHATCO,M COUNTY EXECUTIVE
APPROVE6•AS !TO' FORM:
2022.
/s/ Karen Frakes (approved via e-mail 6/7/22) /JL
Karen Frakes
Civil Deputy Prosecutor
WHATCO OUNTY COUNCIL
WHATC COUNTY, WASHINGTON
Tod onovan, Council Chair
W TCOM COUNTY, WA INGTON
Satpal Sidhu,
County Executive
Approved ( ) Denied
Date Signed: �� 2