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News & Tools for Washington's Counties

August 2011

IN THIS ISSUE
WSAC Annual Conference
Land Use and Water Legal Decision
State Initiatives Qualify for Ballot
Member Interview and News
Federal Healthcare Guiding Principles Developing
Public Health Crossroads
NACo President Elected
Upcoming Events of Note
Funding Opportunties for Counties
State Board Openings
New Website Feature Debuts

QUICK LINKS

Register for the WSAC Annual Conference and Products & Services Showcase, Nov 15-17, King County

AUGUST SPONSOR

NationWide

NACo County Leadership Institute

Top Five Leadership Lessons

Submitted by Josh Brown, Kitsap County Commissioner

 

Commissioner Josh Brown of Kitsap County was selected as Washington's participant in the 2011 National Association of Counties' annual County Leadership Institute.

 

Josh Brown Accepts CLI Diploma
Commissioner Josh Brown, center, accepts his County Leadership Institute diploma.

Here are Commissioner Brown's top five insights into adaptive leadership:

 

1Leadership should not be confused with authority.  As elected officials we are all use to constituents looking for help.  Whether it is expediting a permit or lending support to a local charity, those constituents general are hoping to benefit from the prestige and authority of your elected office.  In fact, a good way to decipher if it authority they need rather than leadership is to ask yourself, "Would they ask for this same help from a predecessor/successor?" If the answer is yes, then you are providing authority and not leadership.  What you will discover is that most of your time as an elected official is consumed with things society often confuses for leadership, but instead are simply forms of authority that come with our positions as Commissioners, Councilmembers, and County Executives.
   

2 If you aren't disappointing your supporters, then you aren't providing adaptive leadership.  While it may be duty of our elected position to use our authority on many matters, this shouldn't be confused for adaptive leadership. So what is adaptive leadership?  Well, it isn't about being the boss, issuing edicts, or anything resembling George Patton.  Instead, adaptive leadership is about transformation change that challenges---not panders---the communities in which we serve. 


As politicians, we each have a political base which we assume will always provide strong support.  Whether they are environmentalists or the building community, Tea Party members or progressives, these are the people that worked to get us elected because of common views.  This can be the tougher people to disappoint outside of your family.  But are they always right all of the time?  Probably not.  The question for us as elected officials is are we willing to disappoint are most ardent supporters to provide change that will leave our communities stronger.  If you are never willing to disappoint your strongest supporters, you may not have nor ever will provide adaptive leadership.


Read Tips #3 - 5

WSAC Annual Conference

Registration Now Open for Conference & Showcase in King County

WSAC members, affilate members, business partners and friends may now register for the Association's Annual Conference and Products & Services Showcase which will be held in King County from November 15-17, 2011 at the Bellevue Hilton.

 

The preliminary agenda is set and we are pleased to have Brian Baird, former U.S. Congressman, and William Ruckelshaus join us as keynotes speakers along with a host of issue sessions and round tables. Many WSAC affiliate members and partner organizations will be meeting in conjunction with the conference and the Showcase vendor spots are filling fast, so we hope you will join in for professional development and networking opportunities.

 

Early Bird registration discounts are available until November 3; hotel block discount information will be provided during the registration process. Find out more at the WSAC Annual Conference webpage: 

 

Agenda and Registration Information

 

Thanks to our event sponsors:

 

AW logoWaste Management logoWashington Highway Users Federation

Legal Update

Washington Supreme Court Issues Significant Land Use and Water Decision

On July 28 the Washington Supreme Court issued a decision in the case of Kittitas County Et. Al. v. Eastern Washington Growth Management Hearings Board Et. Al.1   The case addressed several Growth Management Act (GMA) compliance issues, but is also significant in its interpretation of the county responsibility under state law to require proof of potable water supply with subdivision applications under the previous Campbell & Gwinn decision.2    

 

This article will only briefly summarize the key points from the decision.  Read the full decision

 

The court upheld the Eastern Washington Growth Management Hearings Board's (GMHB) decision that several provisions of the county's 2006 comprehensive plan and 2007 development regulations were not in compliance with the GMA.  The court was unconvinced that the county had taken appropriate measures to protect rural areas, provide for a variety of rural densities, and protect agricultural lands.  The decision emphasizes the importance of providing a substantial administrative record when counties are making land use decisions.  The court found that "The GMA is clear that, to the extent counties consider local circumstances in planning the rural element of their comprehensive plans, they must develop some kind of written explanation." The court also found that it is insufficient for a county to place protective measures for rural lands within their zoning regulations.  These measures must be placed in the comprehensive plan itself.  The same was true for a county's strategies to provide a variety of rural densities - these strategies must be integrated into the comprehensive plan. 

 

The case is also significant as it provides guidance for counties as they address the GMA's requirements with regard to airport overlay zones.  The Court ruled in favor of Kittitas County and overturned the GMHB's finding that the county's airport overlay zone did not comply with the GMA.  The GMHB had ruled against the county because the county had diverged from recommendations of the Washington State Department of Transportation for land use near airports.  In contrast, the Supreme Court found that counties are only required to "discourage" not "prohibit" incompatible uses.  This precise issue was the subject of legislative discussions during the 2010 legislative session when a bill was introduced that would have required counties to "prohibit" incompatible uses.  After this decision, WSAC will be vigilant against such attempts in the 2012 session. 

 

The decision also includes interesting language that relates to the deference that must be provided to counties by the GMHB.  According to the Supreme Court: "Counties may not cite to any fact or opinion and then call for absolute deference.  Boards must be able to look to evidence and a least evaluate its relevance...boards must consider anecdotal evidence presented by counties and defer to local planning decisions as between different planning choices that are compliant with the GMA.  It does not mean that counties may point to any evidence and demand unbounded deference."

 

Finally, and perhaps most significantly, the court also found that the county's subdivision regulations failed to adequately protect water resources.  The court couched much of its decision in GMA terms, pointing to the fact that the GMA includes requirements for counties to consider and address water resource issues in land use planning, and ultimately held that the county's subdivision regulations violated the GMA. 

 

However, the  court also found that the county was acting contrary to the Supreme Court's own 2002 decision in Campbell & Gwinn by allowing "multiple, separately evaluated subdivision applications for properties that are all part of the same development" and that "Without a requirement that multiple subdivision applications of commonly owned property be considered together, the County cannot meet the statutory requirement that it assure appropriate provisions are made for potable water supply."

 

The court rejected the argument that the county does not have a role in assuring that water is legally available - that this is the Department of Ecology's role.  "While Ecology is responsible for appropriation of groundwater by permit under RCW 90.44.050, the County is responsible for land use decisions that affect groundwater resources, including subdivision, at least to the extent required by law...Ecology maintains its role, as provided by statute, and ought to assist counties in their land use planning to adequately protect water resources."  However, the court also concluded that "the County is not precluded and, in fact, is required to plan for the protection of water resources in its land use planning."

 

WSAC will be working to better understand the implications of these conclusions over the coming months.

 

1 2011 Wash. LEXIS 596.

2  Ecology v. Campbell & Gwinn, 146 Wn.2d 1 (2002).

Statewide Election
Five Ballot Measures Qualify for the November General Election
Note: WSAC per its policy does not take positions in support of or against any ballot measures. This article is solely provided for informational purposes.

Five ballot measures have qualified for the November 2011 general election.  They include two proposed constitutional amendments and three initiatives.  The Office of Financial Management is required by statute to prepare a fiscal impact statement for each measure.  Read the fiscal impact statement. 

Initiative Measure No. 1125 concerns state expenditures on transportation.
 This measure would prohibit the use of motor vehicle fund revenue and vehicle toll revenue for non-transportation purposes, and require that road and bridge tolls be set by the legislature and be project-specific.
 
Initiative Measure No. 1163 concerns long-term care workers and services for elderly and disabled people.
This measure would reinstate background checks, training, and other requirements for long-term care workers and providers, if amended in 2011; and address financial accountability and administrative expenses of the long-term in-home care program.
Initiative Measure No. 1183 concerns liquor:  beer, wine, and spirits (hard liquor).
This measure would close state liquor stores and sell their assets; license private parties to sell and distribute spirits; set license fees based on sales; regulate licensees; and change regulation of wine distribution.

Senate Joint Resolution 8205
The legislature has proposed a constitutional amendment on repealing article VI, section 1A, of the Washington Constitution.
 
This amendment would remove an inoperative provision from the state constitution regarding the length of time a voter must reside in Washington to vote for president and vice president.

Senate Joint Resolution 8206
The legislature has proposed a constitutional amendment on the budget stabilization account maintained in the state treasury.
 
This amendment would require the legislature to transfer additional moneys to the budget stabilization account in each fiscal biennium in which the state has received "extraordinary revenue growth," as defined, with certain limitations.
Member Interview and News 

Meet WSAC Member, Commissioner Obie O'Brien

Month two of our new Insider series designed to help members connect with those they may not already know features Kittitas County Commissioner Obie O'Brien. If you are interested in becoming a featured member, please contact Eric Johnson.

 Commissioner Obie O'Brien
Kittitas County Commissioner Obie O'Brien

 

Commissioner O'Brien is clear that the most pressing issues facing Kittitas County are, "water, development, and the counties land use code and regulations." He goes on to note that we must "develop a comprehensive plan that responds to the recent Supreme Court Ruling regarding rural areas and consideration of water availability in land use zoning decisions. He is working with his fellow commissioners to fully understand the implications of the Supreme Court ruling on current items such as re-zones, plats, permits, etc. and notes that this is an issue and ruling relevant to every county.

 

Read the interview with Commissioner O'Brien


 


Member News

WSAC was sad to hear of the recent passing of the following county family members:

Commissioner Jerry Lingle, Mason County
Mark Leander, former Skagit County Assessor

 

We would like to extend our condolences to the family, friends, and co-workers of these outstanding public servants.

 

County Courthouse Visits Continue

WSAC's officers and staff would like to thank these counties for opening their counties to us and spending their time on Courthouse Visits that have occurred since June or will soon occur:

Thurston County
Lewis County
Clark County
Pacific County
Whakiakum County
Grays Harbor County
Kittitas County
Yakima County
San Juan County

 

Cowlitz County Promotes County Works Curriculum to Area Schools

NACo County Works logo

The Board of Cowlitz County Commissioners has taken the initiative to send NACo's "Counties Work" curriculum to all School District Superintendents, middle and high school principals and private schools in the county.


The materials, created in partnership with iCivics, Inc. educates students in grades 6-12 about the important role and functions of county government by letting them run their own county, understand how local government works and how to influence it. The curriculum includes a "webquest."


More information about NACo's County Works curriculum

 

Contact Cowlitz County about their effort at (360) 577-3020.

 

Federal Healthcare Reform Principles Developing

County and Regional efforts bring wide-ranging stakeholders together

Although many questions still remain on health reform implementation in Washington State, over the last year we have gained some additional information from the federal government and some direction and initiatives from the state legislature and executive branch.  Although we do not yet have finalized information on the state initiatives, stakeholder work or details around delivery system changes, we are working to refine guiding principles and move toward a more detailed direction for counties as we move toward the 2012 legislative session and health reform implementation.

 

The Association of Human Services (ACHS) spent a half day in Spokane in July having a roundtable discussion about various scenarios and county perspectives around health reform. This discussion brought together members from all ACHS sections with expertise in mental health, chemical dependency and developmental disabilities. We also had a number of people in attendance who brought forward the public health perspective. Members of the WSAC Legislative Steering Committee workgroup on Health and Human Services are using the input from this group discussion to draft some guiding principles for counties. The group will be soliciting input from partners in long term care and the AAAs, public health and our county elected officials as well.  

 

There are a number of local initiatives and work to address health reform implementation happening at the county and regional level across the state. Read about the activites of the Eastern Washington Regional Health Authority, King County's efforts, and the health summit being hosted by a contingent of counties.

 

For updates on implementation at the State level: 

The Joint Select Committee on Health Reform Implementation was reinstated by both the House and Senate in the 2011 legislative session.  This group will continue to be co-chaired by Representative Cody and Senator Keiser. Committee documents 

 

Governor's Health Care Cabinet Website 

Public Health

Public Health at a Crossroad: Public Health Funding Meeting

The Washington State Public Health Association (WSPHA) recently convened a public health funding meeting to discuss the dual challenges of a severe funding crisis and a change in the nature of preventable disease in our state. Meeting attendees included state legislators, locally elected officials, and public health professionals. The purpose of the meeting was to help develop a shared understanding of this crisis and to start building a consensus on how to move forward with solutions. 

 

King County Council Member Joe McDermott moderated a lively discussion of funding options and potential approaches to achieving sustainable funding in the future.  A reoccurring theme from Legislators who were present was the need to continue to build grass roots support for public health.   Public health is an essential function of government but does not receive the same priority or status as other public safety functions.  In order to help secure sustainable funding in the future, Public health leaders were encouraged to continue to build relationships in their communities and to become more effective at telling their story.  

 

WSAC staff works closely with your public health officials and will continue to participate in their efforts as they move forward.

NACo News

Athens County Commissioner Eliason elected to lead NACo

The membership of the National Association of Counties (NACo) elected Athens County, Ohio Commissioner Lenny Eliason as NACo president during the association's 76th Annual Conference and Exposition in Multnomah County/Portland, Ore. 

 

After assuming the NACo president position, Eliason described his goals for leading NACo over the next 12 months. He said NACo will continue to serve as a strong voice of America's counties in Washington, D.C., raise public awareness about county government through the County Government Works campaign and National County Government Month, and would continue the Veterans Task Force to help counties support those who serve in the military and their families.

 

He announced that his NACo Presidential Initiative would be "Healthy Counties" - a county by county public awareness campaign to promote healthy living and lifestyle choices in communities. Details of his initiative will be announced in the weeks ahead.

 

"I am deeply honored to lead this great organization," Eliason said. "I believe that through the strong voice of the National Association of Counties, the challenges local governments are facing in Athens County, throughout my home state of Ohio, and all 3,068 counties across the country will be heard loud and clear over the next 12 month. That's my promise and my commitment to this office."

 

First elected as Athens County Commissioner in 1998, Eliason serves on the board of directors for County Commissioners Association of Ohio and is a past board member of the County Risk Sharing Authority. He is president of the Board of the County Employee Benefits Consortium of Ohio. He and his wife, Lisa, reside in the city of Athens. They have a daughter and a son.

 

More information about the 2011 Annual Conference in Portland is available at www.naco.org.

Upcoming Events

National Association of Local Boards of Health

Please consider joining your fellow Boards of Health members from across the state and the nation at the 19th Annual NALBOH Conference:
Sept. 7-9, 2011 in Coeur d'Alene, ID
ONLINE REGISTRATION IS NOW AVAILABLE! 

 

This is a great opportunity to network and share information and ideas both with your fellow board members as well as Local Public Health administrators and staff. This year's theme:  "Public Health: Effective Governance, Strong Leadership, Engaged Citizens"

 
If you have questions please contact WSALPHO's Managing Director Brad Banks. Hope to see you there.  
 

Open Government Workshops: Policy Development for Local Public Officials

September 27 - Kennewick                    October 12 - Tacoma
More information
Co-sponsored by WSAC and 11 other public sector associations

 

Ecology State Fiscal Year 2013 Application Dates

Sept 14 - Spokane, Spokane Convention Center

Sept 15 - Ellensburg, Central Washington University

Sept 22 - Everett, Edward D. Hansen Conference Center Comcast Arena

Sept 28 - Lacey, Lacey Community Center

More information

 

Funding Opportunities for Counties

US DOT TIGER III Grant Program and Webinar Seminar

More TIGER webinars are available:

August 22th Project Readiness/NEPA

August 24th Public Private Partnerships & TIFIA

August 30th MARAD Port Outreach


Register for the webinars and view archived events

 

Watershed Ecosystem Grants

Ecology and Commerce has issued a Request for Proposals (RFP) for projects that will protect or restore freshwater ecosystems in the watersheds of Puget Sound.   The program provides a maximum of $5.4 million to fund projects under two tracks: 
· Protecting and Restoring Watersheds and
· Managing Land Use. 


Pre-proposals are due September 19, 2011.

More information and to apply 

Statewide Boards & Commissions Openings

WSAC Seeks Member Nominees

WSAC is asking for nominations from elected Commissioners, Councilmembers and Executives for the following openings on statewide boards and commissions:


Forensic Investigation Council - two seats, four-year terms
No online information is available; contact WACO for details: http://www.wacounties.org/waco/WACOSTAFF/wacostaff.htm


Jail Industries Board - one seat; three-year term. For more information visit http://www.jib.wa.gov/


The deadline for nominations is Friday, September 2. To apply, visit http://wacounties.org/wsac/boards.php

 

Reminder: Voluntary Stewardship Program Advisory Committee Nominations are due to WSAC by August 26. For more information contact Eric Johnson

 

Call for Effective Regulation Advisory Committee Nominees

The Puget Sound Marine and Nearshore Protection and Restoration Grant Program is seeking nominations through September 9, 2011 for membership on its Effective Regulation Advisory Panel.


The seven member advisory panel will play an important role in reviewing and evaluating grant proposals received in response to the Effective Regulation RFP (11-0034) published August 4, 2011. 

Nominations to the Effective Regulation Advisory Group may be submitted to psmarinenearshoregrants@dfw.wa.gov by September 9, 2011.


More information

WSAC Website Feature

News Boards & Commissions List helps members find openings

WSAC is pleased to offer a new website feature that lists all WSAC-related statewide boards & commissions openings including a host of information about terms, current seatholders and WSAC staff liaisons to each entity.

 

With more than 90 county representation seats, it is often difficult to track which boards have upcoming openings and who sits on which committee. This new list, which is database driven so will remain constantly updated, will allow members to peruse the various seats and when they will become available for nominations or appointments.

 

Statewide Boards & Commissions List

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