ord2017-0372017 -194
WFIATC01N r0V1VTV C01INCIL AGENDA RILL NO.
CLEARANCE_ S
Initial
Date
Dale Received in Council Office
Agenda Date
Assi ned to:
jl
06102117
06113117
Introduction
Originator •
E C E B V E 0
JUN O 6 2017
Division Head:
06127117
Introduction
D21. Head:
7/11/2017
Council
Prosecutor:
dl
06102117
WHATCOM COUNTY
COUNCIL
Purchasing /Budget:
_Executive:
TITLE OF DOCUME . Ordinance authorizing a ballot proposition to authorize a sales and use tax for jail facilities
ATTACHMENTS: Memo
Ordinance
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY-STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
i
An Ordinance providing for submission to the qualified voters of the county a proposition authorizing a
local sales and use tax of two tenths of one percent for the purpose of providing funds for costs
associated with construction, maintenance, and operation of jail facilities, including adult correctional,
medical and behavioral health facilities and programs, and for other public safety purposes, all pursuant
to RCW 82.14.450
COMMITTEE ACTION:
COUNCIL ACTION.
6/13/2017: Held for two weeks
6/27/2017: Substitute Amended and Introduced 4 -3,
with Mann, Donovan, and Buchanan opposed
7/11/2017: Adopted 4 -3 with Donovan, Buchanan, and
Mann opposed, Ordinance 2017 -037
RFat: lted County Contract #: Related File Numbers:
Ordinance or Resolution Number:
Ord. 2017 -037
se Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website
,w'.(.whrrlccrrxr . iva.rt.►/coarncil.
I PROPOSED BY: Browne, Weimer, Sidhu
2 INTRODUCTION DATE: June 27, 2017
3
4 ORDINANCE NO. 2017-037
5
6 AN ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY,
7 WASHINGTON, PROVIDING FOR SUBMISSION TO THE QUALIFIED VOTERS OF
8 THE COUNTY A PROPOSITION AUTHORIZING A LOCAL SALES AND USE TAX
9 OF TWO TENTHS OF ONE PERCENT FOR PUBLIC SAFETY PURPOSES,
10 INCLUDING THE COSTS ASSOCIATED WITH FINANCING, CONSTRUCTION,
11 MAINTENANCE, AND OPERATION OF JAIL FACILITIES, AND INCARCERATION
12 PREVENTION PROGRAMS, INCLUDING MEDICAL AND BEHAVIORAL HEALTH
13 FACILITIES AND PROGRAMS, ALL PURSUANT TO RCW 82.14.450
14
15 WHEREAS, ensuring the protection and safety of the residents of Whatcom County
16 is an essential priority; and
17
18 WHEREAS, the Whatcom County Council has determined that the present county -
19 wide jail facilities on Prospect Street and an interim jail on Division Street in Bellingham,
20 which are owned, operated, and maintained by Whatcom County, do not meet existing and
21 future County and cities' inmate incarceration needs; and
22
23 WHEREAS, the health, welfare and safety of the residents and businesses of
24 Whatcom County necessitate that the County provide replacement jail facilities; and
25
26 WHEREAS, the health and safety of jail inmates and the safety of the County jail
2.7 staff necessitate that the County provide new jail facilities that are consolidated; and
28
29 WHEREAS, the Whatcom County Jail Planning Task Force has recognized the need
30 and recommended to replace the existing County Jail, the Whatcom County Jail
31 Stakeholders Workgroup unanimously recommended to the Whatcom County Council the
32 financial agreement needed to develop the funding mechanism and cost - sharing allocation
33 to build a new jail, and the County Sheriff and the County Executive have collectively
34 submitted a recommended plan for the building and operation of a new County jail located
35 on LaBounty Road in Ferndale; and
36
37 WHEREAS, the new jail will include jail housing, booking and administration
38 facilities, expanded medical and behavioral health facilities and jail alternative programming
39 space to serve the needs of the community for the foreseeable future; and
40
41 WHEREAS, in order to provide funding for public safety purposes, including the
42 costs associated with financing, construction, maintenance, and operation of jail facilities,
43 and incarceration prevention programs, including medical and behavioral health facilities
44 and programs, it is deemed necessary and advisable for Whatcom County to submit a ballot
45 proposition to the voters for authorization to impose an additional local sales and use tax of
46 two tenths of one percent (0.002 -- 20 cents for every $100), as authorized by RCW
47 82.14.450; and
48
49 WHEREAS, the Whatcom County Council, pursuant to the passage of Resolution
50 2017- 031, has authorized and approved the Whatcom County Executive to enter into long -
51 term agreements in the form of the Jail Facility Financing and Use Agreement (JFFUA), with
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I the Whatcom County cities to share in the costs of the construction and ongoing operating
2 costs of a new jail and jail - related facilities that serve the future needs of their city and
3 county inmates with the proceeds of a sales and use tax; and
4
5 WHEREAS, the parties of the JFFUA, recognize and fully support the goals of the
6 Incarceration Prevention and Reduction Task Force ( °IPRTF "), established through
7 Ordinance 2015 -025, to reduce incarceration and recidivism. The IPRTF is charged with
8 continually reviewing Whatcom County's criminal justice and behavioral health programs
9 and make specific recommendations to safely and effectively reduce incarceration of
10 individuals struggling with mental illness and chemical dependency, and minimize jail
11 utilization by pretrial defendants who can safely be released. This includes increasing the
12 availability of Alternative Jail programs, including Electronic Home Detention, Work Release
13 and Work Crew programs, the establishment of a County pretrial supervision program, and
14 the expansion of the Crisis Triage Facility.
15
16 WHEREAS, to ensure public safety and to support the goals of the IPRTF, the
17 Whatcom County Council urges the Cities of Whatcom County to continue to fund
18 incarceration prevention programs. The Whatcom County Council requests the City of
19 Bellingham to commit at least 25% annually (projected at $255,632 in 2019) of the City's
20 net sales tax revenue, in excess of the City's portion of the capital cost of the new jail, to
21 fund these programs. Since Whatcom County is not projected, in the first few years, to
22 receive net sales tax revenue, in excess of Whatcom County's portion of the capital cost, the
23 Whatcom County Council commits to use sales tax revenue or other legitimate funding
24 sources on a dollar for dollar match, up to an annual amount of 25% of the County's net
25 sales tax revenue or $300,000, whichever is greater. If both jurisdictions commit to this
26 funding, this amount would be projected to be $30,193,628 over 30 years, and shall last
27 until repayment of the total capital cost of jail facilities, or December 31, 2048, whichever
28 occurs first. This commitment is intended to accomplish the continued implementation of
29 the criminal justice and behavioral health programs recommended by the IPRTF.
30
31 WHEREAS, following passage of a voter - approved proposition for a sales and use
32 tax and signing of the JFFUA, the County will issue general obligation bonds for the
33 construction costs of the new jail and the Whatcom County cities will pay capital payments
34 commensurate with those outlined in the JFFUA; and
35
36 WHEREAS, as soon as practical after December 31, 2048, or when the total capital
37 cost of the new jail has been paid for by all the Cities and County, whichever occurs earlier,
38 the Cities and County have agreed that collection of one half of the two tenths of one
39 percent (0.001) of the sales and use tax shall expire;
40
41 NOW, THEREFORE, BE IT ORDAINED that:
42
43 Section 1. a ballot proposition shall be submitted to the qualified voters of the
44 County pursuant to RCW 82.14.450 to authorize the County Council to fix and impose a
45 local sales and use tax of two tenths of one percent (0.002 -- 20 cents for every $100) to
46 provide funding for public safety purposes, including the costs associated with financing,
47 construction, maintenance, and operation of jail facilities, plus incarceration prevention
48 programs, including medical and behavioral health facilities and programs; and
49
50 Section 2. that the County Executive is hereby authorized and requested to initiate
51 the appropriate action necessary to ensure that a proposition in substantially the following
52 form be submitted to the voters of Whatcom County:
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WHATCOM COUNTY, WASHINGTON
PROPOSITION NUMBER 2017 -
PUBLIC SAFETY FACILITIES SALES AND USE TAX
The Whatcom County Council passed Ordinance 2017- 037 concerning a
proposition to authorize a sales and use tax for public safety purposes, including new jail
facilities. This proposition would authorize a sales and use tax of two tenths of one percent
(0.002) for public safety purposes, including costs associated with construction,
maintenance, and operation of jail facilities, plus incarceration prevention, medical and
behavioral health facilities and programs, as authorized by RCW 82.14.450. Half of this tax
(0.001) will expire upon repayment of the total capital cost of jail facilities, or December 31,
2048, whichever occurs first. Should this proposition be:
Approved
Rejected
Section 3. that the County Auditor shall cause notice of the proposed proposition to
be published in accordance with the state constitution and general law, and shall place the
proposed proposition upon the ballot of the county -wide general election to be held on
November 7, 2017.
ADOPTED this �.a.th day of
o�
ATT� Oql�'
Y
Dana Brouvn'C)R
Clerk. (if the L dl.**
APPROVE6'AS,TQ F kM.
& 4�
Chief Civil Deputy Prosecutor
July , 2017.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, VYASHINGTON
tBaru hana Chair
] ck Louws, County Exec tive
(� Appr ed p led
Date Signed: /--I-- o -0/1
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