HomeMy WebLinkAbout102615_ca01Regular Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Joost Besijn, Coordinator Jefferson County Noxious Weed
Control Board
DATE: October 26, 2015
SUBJECT: PUBLIC HEARING NOTICE for Jefferson County Noxious Weed
Control Board Fee Assessment.
STATEMENT OF ISSUE:
Commissioner approval is requested to schedule a public hearing for Monday, November 9,
2015 at 10:00 a.m. for the purpose of taking written and oral testimony regarding a Fee
Assessment Ordinance to fund the noxious weed control program of the Jefferson County
Noxious Weed Control Board. Approval of a Notice of Public Hearing is requested for this
purpose.
ANALYSIS:
The Jefferson County Noxious Weed Control Board is organized under RCW 17.10 to coordinate
the management of noxious weeds in order to prevent, control, or mitigate the spread of these
species to protect human health, livestock, wildlife, native habitat, and ecosystem functioning
in ecological as well as economical terms.
The Board of County Commissioners finds the need for noxious weed control exists within
Jefferson County, along with a need for a sustainable means to fund those control activities.
RCW 17.10.240 authorizes the Jefferson County Board of Commissioners, in lieu of a tax, to levy
an assessment against all benefiting land for noxious weed control purposes.
Pursuant to RCW 17.10.240, the Jefferson County Noxious Weed Control Board held a public
hearing on 09 -17 -2015, to gather information on a suitable classification of lands. The
proposed Weed Assessment Ordinance reflects those classifications and the Weed Board's
Proposed level of assessment for each class. If enacted in 2015 by the County Commissioners,
the weed assessment would be collected starting in 2016 to fund noxious weed control
activities to benefit landowners in Jefferson County.
Consent Agenda
Commissioners Office
A public hearing by the County Commissioners will be held for the purpose of taking
written /oral testimony regarding the proposed Fee Assessment Ordinance to fund the Jefferson
County Noxious Weed Control Board. Therefore a public hearing notice needs to be published
pursuant to RCW 17.10.
FISCAL IMPACT:
The Jefferson County Noxious Weed Control Board proposes to generate $150,668 annually by
assessing each parcel at a rate of $4,00 plus $0.30 per acre. This rate will not be influenced by
inflation rates. Under RCW 17.10.240 forest lands would be assessed at a rate that does not
exceed one -tenth of the weighted average resulting in a rate of $0.40 per parcel and $0.03 per
acre. Public roads are assessed as one parcel per mile of roadway plus the functional
right -of -way, set at a width of 60ft, of each segment used as acreage. The Non - Forestry rates
will be applied.
RECOMMENDATION:
The Jefferson County Noxious Weed Control Board requests that the Board of County
Commissioners review and possibly approve the proposed public hearing notice.
REVIEWED BY:
r
hilip y, CountyAdminis rator Date
Please publish once: October 28, 2015
Bill: WSU Jefferson County Cooperative Extension
Noxious Weed Control
380 Jefferson Street
Port Townsend WA 98368
NOTICE OF PUBLIC HEARING
FEE ASSESSMENT
JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD
Notice is hereby given that pursuant to Ch. 17.10 RC W, a public hearing will be held on
Monday, November 9, 2015 at 10:00 a.m. in the Commissioners' Chambers, Courthouse,
Port Townsend, Washington for the purpose of taking written/oral testimony regarding
the Fee Assessment ordinance to fund the Jefferson County Noxious Weed Control
Board. The proposed Ordinance contains the following sections:
Section 1: Purpose and Findings
Section 2:
Land classification
Section 3:
Rate
Section 4:
Lien against property
Section 5:
Special fund
Section 6:
Severability
SectionT
Effective date
The public can view the complete text of the proposed ordinance on -line at
www.co.je fferson.wa.us.
Signed this 26`h day of October, 2015.
/S /David Sullivan, Chairman
Jefferson County Board of Commissioners
STATE OF WASHINGTON
County of Jefferson
An Ordinance Establishing an } Ordinance No.
Assessment for Funding the }
Jefferson County Noxious }
Weed Control Board Program }
WHEREAS, the Jefferson County Noxious Weed Board (or "Noxious Weed Board ") serves an
important purpose in maintaining and promoting the general health, safety and welfare of the
citizens of Jefferson County; and
WHEREAS, the Noxious Weed Board would be able to better perform the important public
service that it provides to the citizens of this county if it was the recipient of a dedicated income
stream each and every year in addition to any funds it receives from the County's general fund;
and
WHEREAS, state law codified at RCW 17.10.240(1)(a) authorizes the county legislative
authority, i.e., the Jefferson County Board of County Commissioners, to levy an assessment
against certain lands within the County;
NOW, THEREFORE, be it ordained by the Board of Jefferson County Commissioners that the
assessment levied for coordinating Noxious Weed Control be and hereby is established in
conformance with the following:
Chapter:
Assessment levied for Coordinating Noxious Weed Control
Sections:
.010
Purpose and Findings
—.—.020
Land classification
_._.030
Rate
—.—.040
Lien against property
—.—.050
Special fund
__.060
Severability
070
Effective date
Section _._.010
Purpose and Findings
The Noxious Weed Control Board is organized under RCW 17.10 to coordinate the management
of noxious weeds in order to prevent, control, or mitigate the spread of these species to protect
human health, livestock, wildlife, native habitat, and ecosystem functioning in ecological as well
as economical terms. "Noxious weeds" are those plants which are highly destructive,
competitive, and/or difficult to control by cultural, chemical, mechanical, biological, or other
Ordinance No. Establishing an Assessment for Funding the Noxious Weed Board Page: 2
management techniques, and which are regulated by the State of Washington under Ch. 17.10
RCW and listed under Ch. 16 -750 WAC.
The Noxious Weed Board finds the need for noxious weed control exists within Jefferson
County and the Jefferson County Board of County Commissioners accept that finding and
incorporate same herein.
RCW 17.10.240 authorizes the Jefferson County Board of Commissioners to levy an assessment
against all benefiting land for noxious weed control purposes.
The Jefferson County Board of Commissioners finds that the public interest will be served by the
imposition of the special assessments made under this legislation, and that the special
assessments to be imposed on any land will not exceed the special benefit that the land receives
or will receive from the activities of the Jefferson County Noxious Weed Control Board.
Section .020 Land classification
The Jefferson County Noxious Weed Control Board has classified land in Jefferson County
pursuant to the requirements outlined in RCW 17.10.240. The classifications of land subject to
assessment are defined as forest and non - forest as provided in Attachment A which by this
reference is incorporated herein.
Section . .030 Rate
An assessment for the Jefferson County Noxious Weed Control Program of $4.00 per parcel and
$0.30 per acre on all property not classified as forest land shall be imposed annually. Under
RCW 17.10.240 forest lands may be subject to an annual noxious weed assessment that does not
exceed one -tenth of the weighted average of the per acre and per parcel rate levied on other lands
that are subject to the weed assessment. Property classified as forest land, as defined in RCW
84.33.035, which is used solely for the planting, growing or harvesting of trees and which is
typified, except for a single five year period following clear -cut logging, by canopies so dense as
to prohibit the growth of an understory shall be assessed at the rate of $0.40 per parcel and $0.03
per acre.
Section . .040 Lien against property
The amount of such assessment shall constitute a lien against any property for which the
assessment has not been paid by the date it is due, as provide in RCW 17.10.240. A notice of lien
shall be sent to each owner of such property.
All liens created shall be collected by the Jefferson County Assessor - Treasurer in the same
manner as delinquent real property tax pursuant to RCW 17.10.2450 (1), if within 30 days from
the date of when the owner is sent notice of the lien, including the amount thereof, the lien
remains unpaid and an appeal has not been made pursuant to RCW 17.10.180.
Ordinance No. Establishing an Assessment for Funding the Noxious Weed Board Page: 3
All liens created shall bear interest at the rate of 12% per annum and such interest shall accrue as
of the date notice of the lien is sent to the property owner.
The county shall have a lien for delinquent special assessments, including interest thereon,
against any property subject to special assessments; the lien shall be superior to all other liens
and encumbrances except general taxes and local and special assessments. Such liens shall be
effective and shall be enforced and foreclosed in the manner provided by RCW 17.10.240
Section _._.050 Special fund
There is hereby created in the treasury of Jefferson County, the Noxious Weed Control Fund in
which all funds collected from the assessment herein levied shall be deposited and which shall
only be used to support the activities of the Noxious Weed Control Board.
Section _._.060 Severability
If any section of this Ordinance is found or adjudicated to be invalid, then all other sections of
this Ordinance shall remain in full force and effect.
Section .070 Effective date
This assessment herein levied shall take effect as of December 1, 2015.
Approved this day of 12015.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
SEAL:
David Sullivan, Chairman
Phil Johnson, Member
ATTEST:
Kathleen Kler, Member
Carolyn Avery,
Deputy Clerk of the Board
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
Ordinance No. Establishing an Assessment for Funding the Noxious Weed Board Page: 4
ATTACHMENT A
Land Classification
Non - Forestry
All real property parcels in Jefferson County that have an upland component or distributed land
share and are not classified in another category listed here. Includes but is not limited to
condominiums (timeshares and non - timeshares), State Parks, County parks, conservation lands,
schools, libraries, fire district facilities, churches, agricultural lands, ports and other real property
parcels not - classified elsewhere.
Forestry
Real property parcels in Jefferson County that are in the designated timber program (RCW
84.33), open space timber program (RCW 84.34) and public lands managed for timber as
identified by the Jefferson County land use codes 9710 (County owned timberlands), 9720 (State
DNR managed timberlands) and 9725 (State Forest Board timberlands).
Public Roads (State, County, City)
State, County, and City roads will each be assessed per jurisdictional entity with an aggregate
assessment under the jurisdiction of the fee assessment payer. Public roads are assessed as one
parcel per mile of roadway plus the functional right -of -way, set at a width of 60ft, of each
segment used as acreage. The Non - Forestry rates will be applied.
Lands not subiect to the Noxious Weed Assessments
• Federal and Tribal Trust lands.
• Mineral rights.
• Standalone tideland parcels and/or tideland acreage.
• Standalone water parcels and/or water acreage.
• Common areas and open space as separate parcels where the land is assessed through
other parcels (acreage may be distributed to the other parcels for calculating the NWA
fees).
• Private roads as separate parcels where the land is assessed through other parcels
(acreage may be distributed to the other parcels for calculating the NWA fees).
• Taxable parcels where the fair market value is identified as $500 or less.
• Improvements Only parcels (no direct land component)
• Parcels determined by the county assessor to qualify for a senior citizen or disabled
persons property tax exemption under RCW 84.36.381 on January 1 st of the tax year.
• If a portion of a real property parcel does not satisfy any exemption criteria specified in
this section, then the parcel shall be subject to said fee.
Please publish once: October 28, 2015
Bill: WSU Jefferson County Cooperative Extension
Noxious Weed Control
380 Jefferson Street
Port Townsend WA 98368
NOTICE OF PUBLIC HEARING
FEE ASSESSMENT
JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD
Notice is hereby given that pursuant to Ch. 17.10 RCW, a public hearing will be held on
Monday, November 9, 2015 at 10:00 a.m. in the Commissioners' Chambers, Courthouse,
Port Townsend, Washington for the purpose of taking written/oral testimony regarding
the Fee Assessment ordinance to fund the Jefferson County Noxious Weed Control
Board. The proposed Ordinance contains the following sections:
Section 1:
Purpose and Findings
Section 2:
Land classification
Section 3:
Rate
Section 4:
Lien against property
Section 5:
Special fund
Section 6:
Severability
Section7:
Effective date
Signed this 26`h day of October, 2015.
David Sullivan, Chairman
Jefferson County Board of Commissioners