HomeMy WebLinkAboutPublic Works July 15 1997WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
July 15, 1997
The meeting was called to order at 11 a.m. by Committee Chair Barbara Brenner in the
Council Committee Room, 311 Grand Avenue.
Also Present:
Marlene Dawson
Tom Brown
Absent:
None
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE ESTABLISHING A CODE OF ETHICS REGARDING
CONTRACT INTERESTS FOR COUNCIL MEMBERS (AB97 -187)
Brenner gave background information.
Dan Gibson, Prosecuting Attorney's Office, explained his work (at committee's request)
on the ordinance. He pointed out Brenner's proposed ordinance contains several key differences
from current law, particularly reviewing language on packet pages 100 (lines 21 -24) to 101
(lines 1 -3). Further work is need on these two paragraphs. Discussion followed on clarification
requested by committee and the extent of language restriction.
Gibson stated the County Charter requires all members of boards and commissions be
appointed by the County Executive subject to confirmation by a majority of the Council except
as otherwise provided in the Charter. Therefore, if there were an Ethics Commission governing
legislative activity only, the commission members would be appointed by the Council.
However, if the Ethics Commission directs ethical behavior County -wide, the Executive would
appoint these members, subject to Council's confirmation.
Brenner moved to change the following language on packet page 100, lines 17 -18:
"WHEREAS, while these laws protect the public against the use of public office
to advance personal financial benefit after leaving g ffice abuses while in office,
we have no laws...."
(Clerk's Note: No vote was taken on the motion.)
Brown inquired of the necessity of the reference to the RCWs, packet page 101, line 3.
Gibson replied the language can be changed.
Brenner stated it was not her intent to deal with employees in the same manner elected
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officials are dealt with and wanted all reference to employees removed. Discussion followed.
Dawson moved to delete on packet page 100, lines 19 -20, because of redundancy:
Motion carried unanimously.
Brenner moved to delete on packet page 1, line 24, language after "in part":
Gibson commented on the motion. Dave Wareing, Executive's Office, also commented,
stating he felt the language in line 24 was relevant and has an appropriate interpretation.
Discussion followed. Also discussed was referencing state law vs drafting language which
restates the state law. Brenner suggested language stating:
"NOW, THEREFORE, BE IT ORDAINED that no sitting Council member shall
lobby or otherwise influence decision which may enhance future employment."
Gibson pointed out Council members may lobby and asked the length to be in effect.
Brenner then revised the above language:
"...no sitting Council member within a year after leaving office, shall accept
employment with any recipient of a contract in which said Council member
lobbied or other wise influenced the decision."
Wareing suggested the following language:
"NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
no Council member shall by lobbying or otherwise influencing decisions be
beneficially interested in, directly or indirectly, any contract, sale, or lease, or
purchase which may be made...."
Gibson stated this was currently covered. He restated the question is: Are you using the
power of your position to influence decisions that will benefit you? If a contract is let by the
County to a general contractor, and the Council member has no control over where the general
goes, is he influencing a decision for his personal benefit? Discussion followed.
There was discussion regarding the administration of an ethics commission.
Wareing restated his suggested language:
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"NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
no Council member shall by lobbying, voting, or influencing any contracts, sale,
lease, or purchase in which said Council member has a beneficial financial
interest, either directly or materially indirectly, in whole or in part."
(Clerk's Note: There was no vote on Brenner's motion. However, committee was in
agreement as to the intent of the language, which will be further worked on)
Brenner requested adding to the document:
"...beneficial interest in a contract or grant that was expressly authorized or
funded
by specific legislative action or recommended by Executive action."
Discussion followed. Brenner stated her intent is to eliminate all references to "Council
members" and replace same with "County elected officials ". There was further discussion.
Brenner requested a vote to delete "whether or not ":
(Clerk's Note: This was request and not a motion)
"No former County elected official may for two years subsequent to his or her
County employment assist another person, whether- or n for compensation, in
any transaction (not including_ general legislation) involving the County in which
the former County officer at any time participated during County employment."
There was discussion.
(Clerk's Note: There was no formal vote on Brenner's request to delete the "whether or
not ". However, committee was in agreement to delete same)
Dawson moved to change from two years to one year.
Motion to amend carried 2 -1 with Brenner opposed.
The next discussion item was the duties of the Commission. Brown suggested:
- provide a set of procedures and penalties;
- investigate ethics complaints;
- authorized to impose penalties after review by Prosecuting Attorney's Office.
Discussion followed. Gibson stated the outside parameters of penalties must be
determined by legislative action. In terms of procedures, each of the other counties has
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approximately five pages of procedures outlined in law; committee has not yet reached that
point.
2. ORDINANCE ESTABLISHING A CODE OF ETHICS FOR WHATCOM
COUNTY PUBLIC OFFICIALS AND EMPLOYEES AND PROCEDURES
FOR RESOLUTION OF CODE OF ETHICS VIOLATIONS (AB97 -187B)
(Clerk's Note: There was no time to discuss this item.)
OTHER BUSINESS
WORK SESSION REGARDING ECONOMIC DEVELOPMENT, LONG -
RANGE PLANNING, AND ALL - WEATHER ROADS (AB97 -215A)
Bob Imhof, Council member, summarized this item and addressed committee regarding
his proposal, which was a new method of the process of road construction projects. This
method, if accepted, would go forward in the next two to three years. He has been working on
funding, so it would be Council's decision to commit the road fund dollars necessary and hoped
these projects will eventually generate the economic development that in the long run will pay
these off.
Imhof spoke to three areas: Cherry Point (Lake Terrell Road - Rainbow Road - Kickerville
Road - Grandview - Slater Road); Slater Road (from Northwest to the Guide); and Grandview (to
Pole Road across the Nooksack).
Jeff Monsen, Public Works Director, commented about Imhof's Slater Road proposal
regarding construction timing.
In answer to a comment, Imhof stated his presentation is a proposal only; if Council
members display no interest, no further work will be done on it.
He further noted that several areas need to be addressed, one being Yew Street.
Speaking to funding, Imhof stated there are sufficient funds to cover these and other
projects that have been prioritized. The road fund dollars must be allocated over time to fund the
projects. Construction will be slowed until the tax base has been rebuilt. One of his funding
proposals was to bond a project. He pointed out the County is eligible for $7.1 million from the
Washington State Public Works Trust Fund monies. The other proposal would be for a contract
company to acquire, design the land and construction the project; the company would be paid
over a 20 -year contract period. This company would hire local citizens. Imhof stated he thought
the County would be looking at approximately $25 million for completion of all three areas.
Imhof emphasized the County must first commit to the investment and the infrastructure
into the areas to be developed; otherwise, businesses will go elsewhere to build. Discussion
followed. Topics discussed included: the Cherry Point project; and economic buildup of the
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eastern part of the County, as well as other areas in the County.
Brenner requested Imhof summarize his proposal for Council members; Imhof requested
their input. Once this has been completed, a formal proposal can be brought forward to
committee, provided there is interest in this proposal.
Nasser Mansour, Public Works Engineering, briefly commented on the engineering
aspects of the road program.
Dawson moved to recommend bringing Imhof's proposals forward at tonight's Council
meeting.
Motion carried unanimously.
ADJOURN
The meeting was adjourned at 1:02 p.m.
Elizabeth Bennett, Recording Secretary
Jill Nixon, Recording Secretary
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Council Member
Public Works Minutes, 7/15/97, Page 5