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File ID: AB2024-453
File Created: 06/28/2024
Department: County Executive's
Office
Whatcom County
Agenda Bill Report
File Number: AB2024-453
Version:
1
Entered by:
Jed Holmes
File Type:
Ordinance
Assigned to: Council Committee of the Whole
Agenda Date: 07/23/2024
Related Files:
Primary Contact Email: jholmes@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: 07/23/2024
Enactment #: ORD 2024-042
Ordinance creating Whatcom County Code 2.49, establishing the Justice Project Finance and Facility
Advisory Board
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See attachments
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
07/09/2024 Council INTRODUCED Council Committee of the Whole
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
07/23/2024 Council Committee of the Whole RECOMMENDED FOR
ADOPTION
Aye: 4 Buchanan, Donovan, Galloway, and Scanlon
Nay: 3 Byrd, Elenbaas, and Stremler
07/23/2024 Council ADOPTED
Aye: 4 Buchanan, Donovan, Galloway, and Scanlon
Nay: 3 Byrd, Elenbaas, and Stremler
Whatcom County Page 1 Printed on 712412024
Agenda Bill Report Continued (AB2024-453)
Attachments: Memo, Proposed Ordinance
Whatcom County Page 2 Printed on 712412024
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PROPOSED BY: EXECUTIVE
INTRODUCTION DATE: July 9, 2024
ORDINANCE NO. 2024-042
CREATING WHATCOM COUNTY CODE 2.49, ESTABLISHING
THE FINANCE AND FACILITY ADVISORY BOARD
WHEREAS, the Whatcom County Council adopted Ordinance 2023-039 on July 11,
2023 that includes a sales and use tax for funding of public health, safety, and justice
facilities and services, which voters approved at the November 2023 General Election;
implementation of the Justice Project Implementation Plan; and a request that the Whatcom
County Executive develop and enter into a long-term agreement with the Whatcom County
cities governing the distribution of sales and use tax revenue collected; and
WHEREAS, Section 5 of Ordinance 2023-039 tasks the County Executive with
creating a Finance Advisory Board within the interlocal agreements with the cities, to
provide financial oversight of the funds collected from this sales and use tax and make
recommendations on the finance and operations of the jail, behavioral health, and
supportive housing facilities and services; and
WHEREAS, Project 2 of the Justice Project Implementation Plan, an Exhibit of
Ordinance 2023-039, recommends the creation of a Finance Advisory Board and designates
the County Executive's Office as the lead agency for the project; and
WHEREAS, Section 5 of Ordinance 2023-039 indicates the County Council will
appoint two positions to the Finance Advisory Board; and
WHEREAS, the County and municipalities have developed an interlocal agreement,
Whatcom County Contract #202404018; and
WHEREAS, pursuant to Whatcom County Contract #202404018, an interlocal
agreement among: Whatcom County, the City of Bellingham, the City of Blaine, the City of
Everson, the City of Ferndale, the City of Lynden, the City of Nooksack, and the City of
Sumas, governing the distribution of sales and use tax revenue collected, including the
creation of a Finance and Facility Advisory Board, outlining the Finance and Facility Advisory
Board as an Executive -led board advising the administration on administrative and
operational matters related to this sales and use tax and related projects; and
WHEREAS, Part IV, Item 3a of Whatcom County Contract #202404018 indicates
two positions will be appointed by the County Executive and Bellingham Mayor, with
confirmation by the County Council and Bellingham City Council; and
WHEREAS, the appointment procedures and membership for the advisory board
conflict between Ordinance 2023-039 and the interlocal agreement; and
WHEREAS, the interlocal agreement specifies the Bellingham Police Chief as the
municipal law enforcement representative in the membership of the Finance and Facility
Advisory Board.
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NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
Finance and Facility Advisory Board shall be established through the creation of Whatcom
County Code 2.49 as shown in Exhibit A of this ordinance.
BE IT ALSO ORDAINED by the Whatcom County Council that future updates of the
Justice Project Implementation Plan will include the membership and appointment process
of the Finance and Facility Advisory Board and its functions that are consistent with the
interlocal agreements.
°;i�tl'SSerdq
APIED�tii���dp y of July 20 24
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WHATCOM COUNTY COUNCIL
ATTEST,, $ a Lll ATCOM COUNTY, WA HINGTON
9
A
Cathy Hal-ka, Clbrk, of thb Council Barryvhanan, Council Chair
APPROVED AS TO FORM:
B. Waldron (bv email 6128
Civil Deputy Prosecutor
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WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Satpal Sidhu, County Executive
( ) Approved ( ) Denied
Date Signed: "6
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*:1:14=36r_0
2.49 FINANCE AND FACILITY ADVISORY BOARD
Sections:
2.49.010
Established
2.49.020
Purpose
2.49.030
Function
2.49.040
Membership — Term of Office
2.49.050
Qualifications
2.49.060
Organization — Meetings
2.49.070
Reporting
2.49.080
Staffing
2.49.010 Established.
There is hereby established the Finance and Facility Advisory Board.
2.49.020 Purpose.
The committee is created Pursuant to Whatcom County Ordinance 2023-039
and County contract No. 202404018, an interlocal agreement, to advise on
administrative and operational matters related to the public health, safety,
and justice tax fund, as adopted by the voters.
2.49.030 Function.
The Board shall function pursuant to:
1. The current jail use interlocal agreement with the cities.
2. Ordinance 2023-039 and any subsequent amendments.
3. The most current version of the Justice Project Implementation Plan.
If there is a discrepancy in the functions as outlined in these documents, the
Board shall comply with the function as described in the most current jail use
interlocal agreement with the cities.
2.49.040 Membership — Term of Office.
A. Members. The Advisory Board shall consist of 13 members.
Permanent members as designated by their representative agency shall
be the Whatcom County Executive, one Whatcom County Councilmember,
the Whatcom County Sheriff, the Mayor of Bellingham, one Bellingham
City Councilmember, one elected representative from the remaining cities
within Whatcom County, two elected representatives from federally
recognized tribes within Whatcom County, the Bellingham Police Chief,
and the chair(s) of the Incarceration Prevention & Reduction Task
Force/Law and Justice Council. Permanent members may appoint a
designee to attend any specific meeting of the board.
Appointed members shall betwo positions jointly recommended by the
County Executive and City of Bellingham Mayor and confirmed by the
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2.49.050
2.49.060
2.49.070
County Council and Bellingham City Council: one individual with lived
experience in the criminal justice system, and one representative of the
behavioral health system who shall live in Whatcom County or be a
representative of an agency or group that serves Whatcom County.
B. Terms. There are no term length or limits for the permanent members.
The appointed board members will have initial staggered terms: the
behavioral health system representative shall initially serve a term ending
on January 31, 2027.
The member with lived experience in the criminal justice system shall
initially serve a term ending on January 31, 2028.
Thereafter, appointed board member terms will be four years. All terms
will expire on January 31 in their year of completion
Qualifications.
To qualify for appointment by the County and City of Bellingham to fill an
appointed board member vacancy, the behavioral health system
representative shall live in Whatcom County or be a representative of an
agency or group that serves Whatcom County. The member with lived
experience in the criminal justice system shall be a resident of Whatcom
county.
Organization — Meetings.
A. Meetings of the committee shall be open and accessible to the public and
shall be subject to the Open Public Meetings Act.
B. The committee shall determine its own meeting schedule, but shall meet
at least four times a year.
C. Written and audio records of meetings, resolutions, findings and
recommendations shall be kept and such records shall be public.
D. The committee shall adopt its own rules and procedures for the conduct of
business.
E. The committee shall elect a chairperson from among its members who
shall preside at its meetings.
Reporting.
A. Pursuant to Ordinance 2023-039, the Board will report:
1. No less than every two years, the Board shall coordinate with the
Whatcom County Executive and the IPRTF/LJC to update the
Implementation Plan with a detailed Spending Plan for the public
health, safety, and justice tax, that adheres to the terms of this
ordinance. The spending plan may not impede the County's ability to
pay debt service on facility bonds issued against the tax.
2. No less than every five years, the Board shall coordinate with the
Whatcom County Executive and the IPRTF/LJC to update the Justice
Project Implementation Plan based on an analysis of data collected,
measurements for outcomes and efficacy of the current Plan, and in
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2.49.070
alignment with a population health report such as the Community
Health Assessment, as well as cost estimates, timelines, and gaps in
resources needed to reach community health targets. The IPRTF/LJC
shall transmit the Implementation Plan to the Whatcom County Council
for approval.
Implementation plans must be consistent with Section 3 - Sales and Use
Tax Purpose and may not impede the County's ability to pay debt service
on facility bonds issued against this tax.
B. Pursuant to the Justice Project Implementation Plan, the Board will:
1. Provide a written and oral report no less than annually to the
IPRTF/LJC and Whatcom County Council on the financial performance
of the fund and associated programs. This report shall detail: Fund
revenue; Expenditures by project; Resources beyond the sales and use
tax invested in Implementation Plan projects; Additional resources
needed to further meet goals; and Recommendations for any updates
to the Implementation Plan and/or Spending Plan. Make report
accessible to the public.
Committee Staffing - Compensation.
The Whatcom County Executive's Office shall provide staffing for the
committee as needed.
Service on the board is voluntary. The county council/executive may provide
for reimbursement to board members for appropriate qualified expenses,
consistent with county procedures and policies for such reimbursement.
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