Public Hearings

Snohomish County Council Public Hearings Meeting Minutes Stephanie Wright, Council Chair Megan Dunn, Council Vice-Chair Councilmembers: Sam Low, Nate Nehring, Jared Mead Wednesday, June 23, 2021 10:30 AM Remote via Zoom RESPONSE TO COVID-19 STATE OF EMERGENCY Snohomish County Council held its meeting remotely via Zoom. Governor Inslee ’s Emergency Proclamations can be accessed at the County Council’s Home page - https://www.snohomishcountywa.gov/172/County-Council . CALL TO ORDER Council Chair Wright called the remote public hearing to order at 10:30 a.m. ROLL CALL The clerk called the roll and stated that all five members were present. ACTION ITEMS PRESENT Council Chair Wright Council Vice-Chair Dunn Councilmember Low Councilmember Nehring Councilmember Mead Jim Martin, Council Staff Ken Klein, Executive Director Debbie Eco, Clerk of the Council Elena Lao, Asst. Clerk of the Council *See names listed below of individuals providing public testimony. 1. Ordinance 21-034, relating to employment in unincorporated 2021-0386 Snohomish County; establishing labor standards requirements for additional compensation for grocery employees working in unincorporated Snohomish County; and establishing an effective date Page 1 of 6 Public Hearings Meeting Minutes June 23, 2021 Council Chair Wright opened the hearing and the clerk read the ordinance title into the record. Jim Martin, Senior Legislative Analyst, provided a staff report and explained each of the proposed amendments. Ken Klein, Executive Director, responded to questions regarding stores that would be impacted by the proposed ordinance. Council Chair Wright opened the hearing for public testimony and provided instructions for remote participation. The following individuals testified: Carolyn Strong, resident of Edmonds, testified in opposition of the ordinance. Kevin Flynn, resident of Snohomish County, testified in support of the ordinance. Billye Brooks Sebastiani, resident of Snohomish County, testified in opposition of the ordinance. Wendy Garrett-Drake, grocery worker in Snohomish County, testified in support of the ordinance. Holly Chisa, Northwest Grocery Association, testified in opposition of the ordinance. Debbie Gath, resident of Snohomish County, representing Teamsters Union, testified in support of the ordinance. Jeffrey Temple, Fred Meyer Director of Corporate Affairs, testified in opposition of the ordinance. Georgia Fisher, testified and read a statement from Denise Raupach, resident of Lynnwood, both in opposition of the ordinance. Alisha Gere, meat cutter in Snohomish County, testified in support of the ordinance. Tammi Brady, Teamsters Union, read a statement from Adrianna Frost, a Safeway employee, in support of the ordinance. Brian Bond, testified in opposition of the ordinance. There being no further persons present wishing to testify, Council Chair Wright closed the testimony portion of the hearing calling for a motion or discussion of the Council. Councilmember Nehring noted the need to recognize frontliners and commend businesses that provided hazard pay for employees. He noted concerns of Page 2 of 6 Public Hearings Meeting Minutes June 23, 2021 mandating private businesses to provide hazard pay, and explained a proposed substitute ordinance to use American Rescue Plan Act (ARPA) funds to help cover hazard pay. He does not support the ordinance as proposed. ACTION: Council Vice-Chair Dunn made a motion to approve Ordinance 21-034. Councilmember Mead seconded the motion. Councilmember Low expressed concerns of economic impacts and noted that it is bad precedent for government to be involved in wage negotiations of private businesses. He noted that the proposed ordinance would exempt some businesses from providing hazard pay, while punishing grocery stores. ACTION: Councilmember Low made a motion to continue the public hearing in two weeks to request additional information relating to eligibility of stores. The motion failed due to lack of a second. Council Vice-Chair Dunn spoke in support of the proposed ordinance and noted the need to recognize and show appreciation for frontline workers. ACTION: Council Vice-Chair Dunn made a motion to approve Proposed Amendment 1. Councilmember Mead seconded the motion Mr. Martin explained the purpose of Proposed Amendment 1. The vote was called and the motion to approve Proposed Amendment 1 carried by a vote of four to one, with Councilmember Sam opposing. ACTION: Councilmember Nehring made a motion to approve Proposed Amendment 2. Councilmember Mead seconded the motion and it failed by a vote of two to three, with Councilmember Low, Council Vice-Chair Dunn, and Council Chair Wright opposing. ACTION: Councilmember Nehring made a motion to approve Proposed Amendment 3. Councilmember Mead seconded the motion and it failed by a vote of two to three, with Councilmember Low, Council Vice-Chair Dunn, and Council Chair Wright opposing. ACTION: Councilmember Nehring made a motion to approve Proposed Amendment 4. Councilmember Mead seconded the motion. Discussion ensued regarding delivery drivers. The vote was called and the motion to approve Proposed Amendment 4 failed by a vote of two to three, with Councilmember Low, Council Vice-Chair Dunn, and Council Chair Wright opposing. Councilmember Nehring reiterated the intent of the proposed substitute ordinance to use ARPA funds to help businesses cover the costs of hazard pay. Page 3 of 6 Public Hearings Meeting Minutes June 23, 2021 Councilmember Mead and Council Vice-Chair Dunn supports the intent of the proposed substitute ordinance, however, ARPA funds should be used to assist with reopening and recovery. Debbie Eco, Clerk of the Council, responded to questions regarding parliamentary procedure. Councilmembers further expressed their position on the proposed ordinance. ACTION: Councilmember Low made a motion to continue the public hearing for two weeks. Councilmember Nehring seconded the motion. Discussion ensued as Mr. Klein and Mr. Martin responded to questions relating to delivery drivers. Elena Lao, Assistant Clerk of the Council, responded to questions regarding parliamentary procedure. The vote was called and the motion to continue failed by a vote of two to three, with Councilmember Mead, Council Vice-Chair Dunn, and Council Chair Wright opposing. Discussion ensued regarding parliamentary procedure for a motion by Councilmember to approve the proposed substitute motion. Councilmember Low seconded the motion, however, Council Chair Wright ruled the motion out of order as there is already a motion on the floor. The clerk called the roll and the motion to approve Ordinance 21-034, as amended, carried by a vote of three to two, with Councilmember Low and Councilmember Nehring opposing. PRESENT Council Chair Wright Council Vice-Chair Dunn Councilmember Low Councilmember Nehring Councilmember Mead Jim Martin, Council Staff Ken Klein, Executive Director Elena Lao, Asst. Clerk of the Council *See name listed below of individuals providing public testimony. 2. Ordinance 21-035, relating to the 2021 Budget; making a 2021-0394 supplemental appropriation in Grant Control Fund 130 to provide expenditure authority for American Rescue Plan Act Funds Page 4 of 6 Public Hearings Meeting Minutes June 23, 2021 Council Chair Wright opened the hearing and the clerk read the ordinance title into the record. Jim Martin, Senior Legislative Analyst, provided a staff report and explained Proposed Amendment 1. Council Chair Wright opened the hearing for public testimony and provided instructions for remote participation in the Zoom meeting. The following individual provided public testimony: Judge Douglas Fair, District Court, testified in support of the ordinance. There being no persons present wishing to provide public testimony, Council Chair Wright closed the testimony portion of the hearing calling for a motion or discussion of the Council. Councilmember Low questioned which departments and employees are impacted by the proposed ordinance. He suggested continuing the public hearing to request additional information. Council Chair Wright and Ken Klein, Executive Director, indicated support to continue the public hearing, as needed. Councilmember Mead noted his preference to move forward with the appropriation at today's public hearing. ACTION: Councilmember Low made a motion to continue the public hearing to July 14, 2021. Council Chair Wright seconded the motion. Councilmembers debated continuing the public hearing or moving forward with the supplemental appropriation, and subsequently handle a companion ordinance to authorize premium pay for eligible County employees. Mr. Klein stated for the record that the funds would not be expended until the authorization is approved by Council. The vote was called and the motion to continue the public hearing failed by a vote of two to three, with Councilmemer Mead, Council Vice-Chair Dunn, and Council Chair Wright opposing. Councilmemers suggested that Council recess to consult with the Prosecuting Attorney's Office on amending the proposed ordinance. ACTION: Council Chair Wright made a motion to recess the public hearing for 15 minutes. Couniclmember Mead seconded the motion and it carried unanimously. Page 5 of 6 Public Hearings Meeting Minutes June 23, 2021 Council Chair Wright recessed the public hearing at 12:18 p.m. and reconvened at 12:33 p.m. Mr. Martin explained that Rebecca Wendling, Deputy Prosecuting Attorney, advised that a verbal motion to amend the ordinance by adding an effective date of August 1, 2021, should suffice to allow ample time for the companion ordinance to be transmitted and considered by Council. Mr. Klein informed Council that Nathan Kennedy, Finance Director, supports an effective date of August 1, 2021, to meet payroll deadlines and process the grant compliance documentation. ACTION: Council Vice-Chair Dunn made a motion to approve Ordinance 21-035. Councilmember Mead seconded the motion. ACTION: Council Vice-Chair Dunn made a motion to amend the ordinance by adding an effective appropriation date of August 1, 2021. Councilmember Mead seconded the motion and it carried unanimously. ACTION: Councilmember Low made a motion to approve Proposed Amendment 1. The motion failed due to lack of a second. Councilmember Mead expressed his support to reward County employees who have worked through the pandemic. Councilmember Nehring noted his support of the ordinance and the use of American Rescue Plan Act (ARPA) funds. The clerk called the roll and the motion to approve Ordinance 21-035, as amended, carried unanimously. ADJOURN There being no further business, Council Chair Wright adjourned the Council for the day at 12:43 p.m. Page 6 of 6