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Home My WebLink Aboutord2025-003strikeWhatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Agenda Bill Master Report File Number: AB2024-870 File ID: AB2024-870 Version: 1 Status: Adopted File Created: 12/03/2024 Entered by: CHalka@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Committee of the Whole Final Action: 01/14/2025 Agenda Date: 01/14/2025 Enactment #: ORD 2025-003 Related Files: Primary Contact Email: chalka@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance amending Whatcom County Code Chapter 2.130 Economic Development Investment Board SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: None HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 12/03/2024 Council INTRODUCED AS Council Committee of the Whole AMENDED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 01/14/2025 Council Committee of the Whole RECOMMENDED FOR ADOPTION WITH PROPOSED AMENDMENT(S) 01/14/2025 Council ADOPTED Aye: 7 Donovan, Elenbaas, Stremler, Buchanan, Galloway, Byrd, and Scanlon Nay: 0 Attachments: Proposed Ordinance, Notice of Action Proposed on 12.3.2024, Proposed Ordinance as Amended Whatcom County Page 1 Punted on 111612025 Agenda Bill Master Report Continued (AB2024-870) and Introduced on 12.3.24, Proposed Ordinance as Amended 1.14.25 Whatcom County Page 2 Printed on 1/1612025 PROPOSED BY: DONOVAN, BUCHANAN INTRODUCTION DATE: DECEMBER 3, 2024 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE SECTION 2.130 ECONOMIC DEVELOPMENT INVESTMENT BOARD WHEREAS, on July 13, 1999 the Whatcom County Council established the Rural County Public Facilities Fund by Ordinance 99-032 to account for all revenue collections and expenditures related to the Rural County Sales and Use Tax; and WHEREAS, on May 30, 2000 the Whatcom County Council established the Rural County Sales and Use Tax Committee to review funding proposals and make recommendations consistent with the intent of RCW 82.14.370; and WHEREAS, on October 23, 2023 the Whatcom County Council approved resolution 2023-043 which recommended the EDI Board consider and propose recommendations to promote more diverse representation on the Board, to prioritize affordable and workforce housing, update guidelines and consider a planned investment strategy; and WHEREAS, on April 9, 2024 the Whatcom County Council approved Resolution 2024-018 supporting modernization of the Economic Development Investment Board; and WHEREAS, during the 2024 Washington State Legislative Session, the Legislature amended RCW 82.14.370 to allow for direct investment in the construction of affordable workforce housing or facilities; and WHEREAS, staff and the EDI Board have committed time and effort to the goals outlined in Resolution 2023-043 and Resolution 2024-018 and worked diligently to fulfill the requests of both Resolutions meeting on several occasions to develop and formalize policy updates and revisions to WCC 2.130; and WHEREAS, the EDI Board have formalized their recommendations in the proposed changes to WCC 2.130 and those changes include a restructured board size and composition, updated code language, a revised purpose consistent with changes to RCW 82.14.370 and updated the EDI priorities to include investments in workforce housing and affordable housing; and WHEREAS, the proposed code changes will ensure consistency with changes to RCW 82.14.370 and fulfill the Council priorities outlined in Resolution 2024-018. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC 2.130 is hereby amended as presented in Exhibit A, effective November 20, 2024. ADOPTED this day of ATTEST: Cathy Halka, Clerk of the Council APPROVED AS TO FORM: /s/ approved by Brandon Waldron/LB George Roche at Council 1.14.25/KS Civil Deputy Prosecutor , 2024. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kaylee Galloway, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Satpal Sidhu, County Executive ( ) Approved ( ) Denied Date Signed: EXHIBIT A Chapter 2.130 ECONOMIC DEVELOPMENT INVESTMENT BOARD Sections: 2.130.010 Established. 2.130.020 Purpose. 2.130.030 Function. 2,130.040 Membership - Term of office. 2.130.050 Organization - Meetings 2.130.060 EDI program administration and beaFd-staffing 2.130.010 Established. There is hereby established the Whatcom County economic development investment board (EDI board). (Ord. 2003-046 Exh. A; Ord. 2000-022). 2.130.020 Purpose. The board is created to make recommendations to the Whatcom County council to invest in public facilities, consistent with RCW 82.14.370, that further the goals for promoting the industrial, commercial, and residential growth and creation of housing units in support of economic development e'qeing in Whatcom County: A. Increase the number of family wage jobs available in Whatcom Countyte the eitizens of the eeu nty; B. Retain, expand, and attractexistingbusinesses toyAt-hi,Whatcom Ceounty; C. Invest in housing infrastructure and affordable workforce housing serving residents at 120% Area Median Income (AMI) or below; D. Invest in expansion of broadband internet infrastructure expanding access to affordable and reliable internet for Whatcom County businesses; E. Sustain the EDI program through repayment of EDI loans. (Ord. 2003-046 Exh. A; Ord. 2000-022). F. Other Criteria. Other criteria as established by legislative actions taken subsequent to the adoption of the ordinance codified in this chapter will be incorporated in the project funding criteria. (Ord. 2003-046 Exh. A: Ord 2000-022). 2.130.030 Function. At the inception of the tax collection, all revenue shall be deposited into the designated rural county public facilities fund. As soon thereafter as practical, the county may issue bonds in an amount that will be based on the estimated annual tax collections. All interest from the bonds, loans, any additional taxes, or other revenues collected from this act or any subsequent or successor legislation shall be treated in a similar manner. (Ord. 2003-046 Exh. A; Ord. 2000-022). 2.130.040 Membership — Term of office. A. The EDI board will consist of 143 members and 1 non -voting member responsible for administration of the EDI program, which include: Members by Organization: 1.The county executive; 2.The mayor of Bellingham; 3.Two mayors of small cities, designated by the Small Cities Caucus; 4.Chair =0ne__m_emlq,er of the county council; S ; ,65. One member of the Whatcom County Business and Commerce committee (business representative)at large, appeinted by the eeunty ex ti-v-e; -76. One member , executi erepresenting the Bellingham/Whatcom County Chamber of Commerce; 87. One member ef the tangbeF eemmuni ty, Lxecut' epresenting the Associate Development Organization (ADO); 98. One memberof the fis— I appointed by theI ppei—ed by the county executive - representing the Port of Bellingham; 4-09. One member representing the Public Utility District each of the following: Members appointed: -110. One member of the commercial financing community, with expertise in housing developmenta. Bellingham MAII, Chamber of Cem . 4-211. One member from the philanthropic community {A -G}; 13. One member of the non-profit housing development community , Non -voting member: 14. One Whatcom County staff member designated by the County Executive with responsibility for administrating the EDI program. B. The chairperson of the board shall be the Whatcom County executive. . ; E? C. A,ppo�ntcd nrembersAll appointed members of the EDI Board will be appointed by the County Executive and confirmed by the Whatcom County Council. F.D. All appointed EDI Board members will serve a 3-year term, and will be limited to 2 consecutive terms. 2.130.050 Organization - Meetings. A. Meetings of the EDI board shall be open and accessible to the public and shall be subject to the Open Public Meetings Act. The board shall determine its own meeting schedule. At B. All EDT prejects shall be publiely owned faeklities that generate eelolne.-1116 the eitizens of hatee... County. ii_stment shall be made In suppeft-ef- ^''^�}',' �'^ ^'^^me;,tThe EDI Board will meet 2 times per year: in May, the Board will review the past years awards and review the annual update form from each agency awarded funding, review proposed call for projects' process presented by staff, and vote to release a call for projects' and application. In August, the Board will review applications to EDI funding and develop a prioritized list of projects and recommended funding awards for the following fiscal year to the Count r_ Council. C. evaluating-pfojeets-feF funding pr.ul ILY thUat would enhanee economically sustainable Jobs and businesses, including Jobs in agrieulture, fisheries, and. timber predHetien, but net limited teThe EDI Board may be called to a special meeting at the discretion of the County Executive to consider emergent reguests, where an opportunity arises to meet the County goals of EDI funding and the opportunity would be lost without consideration of awarding EDI funding. 1— near term Job erea or retentfeft_ef�. Wagerer paying jobs. �fae-antic and -b efits available te engpleyees-. 3-De .GeneFally, prejeets shall be undertaken within 1., 'P'CY'P'tC4t 'eted vvit-hi" 24 nths Funding i "+ 4-be-g4-v�ects- . a-OtheF Criteria. Gther eriteria as established by legislative aetweRs taken subsequent te the adeptien of the OF-dinance codified in this- Chapter will be ;R6eFpeFated in th�e 2.130.060 EDI program administratign_and beard staffing. The county executive will be responsible for administration of the EDI program including developing guidelines and processes to meet the adopted purpose. The county executive shall designate the staffing for the board. (Ord. 2003-046 Exh. A; Ord. 2000-022). EDI funding will be allocated annually to support staffing costs for the administration of the EDI program.