News - Elections

POSTED: Monday, Jun. 22, 2009

Property tax ordinance hearing looms for County Council

It'll probably be a long night for the Whatcom County Council Tuesday, June 23.

So long that staff members are starting the council's meeting an hour earlier than usual, believing residents will pack council chambers in the County Courthouse to discuss a property-tax-restricting ordinance, and updates of urban-growth areas.

Former KGMI radio personality Brett Bonner's property tax proposal is up first, after he complained that council members weren't taking the proposal seriously, despite thousands of people signing his mini-initiative petition to have it heard directly by the council.

In response, the council changed the meeting, because the growth-area public hearing was going to be first. A hearing and vote on Bonner's petition are now scheduled to go first.

Under Bonner's proposal, council members would have to seek voter approval to take banked capacity, which is a tax increase they decided not to take in past years but have reserved the right to take if needed. Under state law, taxing districts can increase property taxes by only 1 percent per year, plus banked capacity.

Randy Watts, the county's chief civil deputy prosecutor, has issued legal memos to council members saying the proposal is not only inappropriate for an initiative, and that state law trumps local laws on such taxes.

In the memos, Watts said courts have limited the way initiatives can be implemented, and that no right exists for the public to limit a power delegated to a local government by the state.

Bonner disagrees, and says Watts has basically picked specific court cases to back up his argument while ignoring conflicting case law and state Attorney General's Office opinions.

Councilwoman Barbara Brenner says that despite the legal opinion she will still support Bonner's proposal. Councilman Carl Weimer didn't support the proposal prior to the memos, and still doesn't. Bob Kelly, one of the few council members yet to make a public statement on the proposal, did not return several phone calls seeking comment.

Councilman Sam Crawford appears to have changed his tone a bit on the ordinance, initially having been an ardent supporter. After the memos were released, he said he was still "leaning toward" supporting the proposal.

ATTEND THE HEARING

What: Whatcom County Council's public hearing on Brett Bonner's property-tax-restricting ordinance.

When: 6 p.m. Tuesday, June 23.

Where: Council chambers, County Courthouse, 311 Grand Ave.