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HomeMy WebLinkAbout110915_ra01Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Joost Besijn, Coordinator Jefferson County Noxious Weed Control Board DATE: November 9, 2015 SUBJECT: PUBLIC HEARING AND POSSIBLE APPROVAL: Proposed Ordinance: Jefferson County Noxious Weed Control Board Fee Assessment. STATEMENT OF ISSUE: The Board of County Commissioners will hold a public hearing on 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. The BoCC will deliberate on the record and consider whether or not to adopt the ordinance, with or without amendment by the BoCC . 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 has previously found 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. Regular Agenda The County Commissioners approved a hearing notice on the proposed Ordinance at its October 26, 2015 meeting, and the public hearing was advertised in The Leader on October 28, 2015, as well as on the County's web page. 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: Staff recommends that the Board of County Commissioners conduct the public hearing, deliberate on the testimony, and adopt the proposed Ordinance, with or without amendments. i DBY: ip o C ountyAdminis for Date 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: Section 1 Purpose and Findings Section 2 Land classification Section 3 Rate Section 4 Lien against property Section 5 Special fund Section 6 Severability Section 7 Effective date Section 1: 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 2: 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 3: 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 4: 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 5: 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 6: 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 7: Effective date This assessment herein levied shall take effect as of December 1, 2015. Approved this day of , 2015. 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 forgi only: David Alvarez, Deputy Pr scenting 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 subject 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.