Update: Sam Taylor provides Fact Check on Bonner's TBA press release. "
"Is it true that proper procedure wasn’t followed? I rate that as being a false claim, and taking the language out did nothing to the actual law itself. More detail below on how “whereas” sections work versus the actual body of an ordinance."
Read more: http://blogs.bellinghamherald.com/politics/#ixzz0uvTcHdlf
Latte's Fact check on the press release: Mr. Bonner's assertion is mostly inaccurate. (Latte Republic would like to thank the City of Belingham for it's prompt, professional response to our query).
Update 7/28/2010
If Brett Bonner intends to be credible, he needs to do a reasonable amount of legislative research before he circulates press releases. Otherwise, Newspaper reporters like Sam Taylor and Bloggers like myself and Apexnerd, will fact check his material and publicly expose his errors.
Actually, all Bonner needed to do is run a search for every mention of "public hearing" in the relevant Chapter. Doesn't matter which approach he chooses. He will not find a requirement to hold a hearing regarding a proposed ballot measure.
Why? The ballot item is itself the "public hearing" on any proposed measure.
Mr. Bonner is correct that a license fee can be imposed without a vote. That said, Mr. Bonner cannot possibly know that TBD Board (City Council) is going to do anything at all with a license fee. In fact, no one knows yet what the TBD will decide since they have not had any opportunity as a Board to discuss the four potential funding options available to them.
Bonner, (who fancies himself as a spin doctor) appears to be attempting to define the issue prematurely and to turn voters against the newly formed TBD board before it even has a chance to meet.
According to J.L. Walker, the wording regarding a .02% sales tax was removed by the Council - to allow for a thoughtful discussion by the Board. The Board cannot have met sooner than 15 days after final passage of the establishing ordinance - the effective date being July 27th. The first meeting of the TBD will be held August 2nd @ 12:30 PM in the Mayor's Board Room at City Hall.
Here's the statute for your consideration.
RCW 36.73.050
Establishment of district — Public hearing — Ordinance.
(1) The legislative authorities proposing to establish a district, or to modify the boundaries of an existing district, or to dissolve an existing district shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the proposed district. Subject to the provisions of RCW 36.73.170, the legislative authorities shall make provision for a district to be automatically dissolved when all indebtedness of the district has been retired and anticipated responsibilities have been satisfied. This notice shall be in addition to any other notice required by law to be published. The notice shall, where applicable, specify the functions or activities proposed to be provided or funded, or the additional functions or activities proposed to be provided or funded, by the district. Additional notice of the hearing may be given by mail, by posting within the proposed district, or in any manner the legislative authorities deem necessary to notify affected persons. All hearings shall be public and the legislative authorities shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the district. [Note: does not say "affected by the imposition of taxes; fees" etc.]
(2)(a) Following the hearing held pursuant to subsection (1) of this section, the legislative authorities may establish a district, modify the boundaries or functions of an existing district, or dissolve an existing district, if the legislative authorities find the action to be in the public interest and adopt an ordinance providing for the action.
(b) The ordinance establishing a district shall specify the functions and transportation improvements described under RCW 36.73.015 to be exercised or funded and establish the boundaries of the district. Subject to the provisions of RCW 36.73.160, functions or transportation improvements proposed to be provided or funded by the district may not be expanded beyond those specified in the notice of hearing, unless additional notices are made, further hearings on the expansion are held, and further determinations are made that it is in the public interest to so expand the functions or transportation improvements proposed to be provided or funded.
[2007 c 329 § 3; 2005 c 336 § 5; 1987 c 327 § 5.]
Update 7/27/2010
*Washington State requires that a Public Hearing be held on the formation of the Transportation District. The sales tax increase was included in the original ordinance, but the formation of the TBD is the main function of the ordinance. Funding options are defined by state law.
Please see RCW Chapter 36.73
RCW 36.73.040 -- General powers of district.
(1) A transportation benefit district is a quasi-municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
(2) A transportation benefit district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the jurisdiction that established the district apply to the district.
(3) To carry out the purposes of this chapter, and subject to the provisions of RCW 36.73.065, a district is authorized to impose the following taxes, fees, charges, and tolls:
(a) A sales and use tax in accordance with RCW 82.14.0455;
(b) A vehicle fee in accordance with RCW 82.80.140;
(c) A fee or charge in accordance with RCW 36.73.120. However, if a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district. Developments consisting of less than twenty residences are exempt from the fee or charge under RCW 36.73.120; and
(d) Vehicle tolls on state routes, city streets, or county roads, within the boundaries of the district, unless otherwise prohibited by law. However, consistent with RCW 47.56.820, the vehicle toll must first be authorized by the legislature if the toll is imposed on a state route. The department of transportation shall administer the collection of vehicle tolls authorized on state routes, unless otherwise specified in law or by contract, and the state transportation commission, or its successor, may approve, set, and impose the tolls in amounts sufficient to implement the district's transportation improvement finance plan. The district shall administer the collection of vehicle tolls authorized on city streets or county roads, and shall set and impose the tolls in amounts sufficient to implement the district's transportation improvement plan. However, consistent with RCW 47.56.850, the vehicle toll, including any change in an existing toll rate, must first be reviewed and approved by the tolling authority designated in RCW 47.56.850 if the toll, or change in toll rate, would have a significant impact, as determined by the tolling authority, on the operation of any state facility.
[2008 c 122 § 17; 2005 c 336 § 4; 1989 c 53 § 3; 1987 c 327 § 4.]
Mr. Bonner's press release is published below:
Whatcom Information Center says Bellingham Transportation Benefit District is invalid, calls for new public hearing.
Latte Republic is fact checking Mr. Bonner's press release and will be posting comments after we have an opportunity to discuss Mr. Bonner's allegations with the Mayor and Bellingham City Council members
(Bellingham, WA) A non-partisan organization is calling for a new public hearing, claiming that the new City of Bellingham Transportation Benefit District was formed improperly.
The Whatcom Information Center says a last minute change by the Bellingham City Council allows for the imposition of $20 car tab fees for all city residents.
“The problem is that the proper procedure was not followed,” said Whatcom Information Center spokesperson Brett Bonner. “The car tab issue was never talked about before the council formed the Transportation Benefit District. We believe many citizens may have been misled. It may not have been their intention, but the council’s actions look like bait and switch.”
As required, the Bellingham City Council held a public hearing on June 21, gathering input from residents about the formation of the TBD. When the public hearing was held, the enacting ordinance explicitly called for the District to be funded by a 0.2% sales and use tax as allowed under Washington state law, meaning that that the tax measure would have to be passed by voters.
However, when the City Council gave final approval to the measure July 12, council members took the tax language out of the ordinance, opening the door for car tab fees, along with transportation impact fees on commercial and industrial buildings. Under state law, the Council can impose such fees without a public vote.
The Whatcom Information Center believes that without a second public hearing many citizens will be disenfranchised. “If the public knew that car tabs were a possible option, more citizens might have expressed their opinions before the council made a decision. And we all know how important public input and proper process is to our community.”
Bonner pointed out that a second public hearing remains a viable option for the city council to pursue and still make the ballot in November. “The deadline to turn in ballot language to the Whatcom County auditor is August 10. The council has enough time to announce a public hearing and take a vote on the TBD at the August 9 regular city council meeting.”
“We urge the mayor and council not to be hasty, to follow the proper procedure, and give the public a chance to provide input based on accurate information on how the TBD will be funded.” Bonner said.
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