HomeMy WebLinkAbout062716_ca01Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, PE, Public Works Director / County Engineer
Agenda Date: June 27, 2016
Subject: Port Ludlow Drainage District Assessment System Ordinance
Schedule public hearing
Statement of Issue:
The Port Ludlow Drainage District was established under the authority of RCW 85.38.
The District currently levies an assessment to fund District activities that was
authorized under Jefferson County Ordinance 08-0806-12. RCW 85.38 requires the
Board to hold a public hearing to review the District assessment system every four
years and approve an assessment system on or before September 1. The District has
requested that the Board make no revisions to the existing assessment system.
Public Works has prepared a draft ordinance that adopts the existing assessment
system. Appendix 1. Assessment System Calculation Method explains how the
assessments on individual parcels are calculated. The ordinance is attached for the
Board's review and consideration in a public hearing.
Also attached is a public hearing notice for a Board of Commissioners' hearing on
August 8, 2016.
Analysis/Strategic Goals/Pro's Et Con's:
The assessment system is based on the impervious surface area and size of each
parcel in the District. Based on annual District assessment revenue of $100,000, the
annual assessment for a typical single family residence on a quarter acre lot would be
approximately $80. The County Engineer has reviewed the District's assessment
system and determined that it is consistent with RCW 85.38. The County Engineer's
report is attached.
Renewing the Drainage District's assessment system will enable the District to
continue to provide drainage facilities in Port Ludlow.
Department of Public Works
O Consent Agenda
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Fiscal Impact/Cost Benefit Analysis:
Drainage District assessments fund the District's activities. The County does not fund
the District. The County is authorized to charge the Drainage District for its costs
incurred in reviewing and approving the assessment system. The County Treasurer
may also impose a fee for collecting the assessments, not exceeding one percent of
the assessments. Adopting an assessment system for the Drainage District will not
have a negative fiscal impact on the County.
Recommendation:
Public Works requests that the Board schedule a public hearing on the ordinance at
10:00 AM on August 8, 2016 and that the Chair of the Board sign the attached public
hearing notice.
Public Works will make a brief presentation and answer questions on the ordinance
before the public hearing.
Department Contact: Jim Pearson, 385-9168
Reviewed By:
diLlipmor
, C strator Date
MEMORANDUM
Jefferson County
Department of Public Works
623 Sheridan St.
Port Townsend, WA 98368
(360) 385-9160
Monte Reinders, P.E.
Public Works Director/County Engineer
TO: Philip Morley, County Administrator
David Alvarez, Deputy Prosecuting Attorney
FROM: Monte Reinders, PE, Public Works Director / County Enginee C�
DATE: May 18, 2016
RE: Port Ludlow Drainage District Assessment System Ordinance
Risk and Legal Review
Drainage Districts are subject to RCW 85.38. RCW 85.38.160 requires the BOCC to adopt a
Drainage District assessment system by ordinance every four years. It also requires the County
Engineer to report on the assessment system to the BOCC. The assessment system apportions a
share of a $1,000 District assessment to each of the parcels in the District. The actual
assessments are determined by the District budget. The District has requested that the existing
assessment system be adopted without revision.
The BOCC needs to hold a public hearing to adopt the PLDD assessment system ordinance prior
to September 1. Public Works has scheduled a public hearing for August 8. Because of the notice
requirements for Drainage District assessment system public hearings, the BOCC needs to sign
the public hearing notice on June 27.
Attached for your review are a draft Ordinance and Assessment System. Also attached are:
• BOCC Consent Agenda Request for June 27 to schedule a public hearing on August 8,
• County Engineer's report on the Assessment System, and
• BOCC public hearing notice.
The Ordinance, Assessment System, and County Engineer's report are all the same format that
was used for the 2012 Assessment System Ordinance.
NOTICE OF PUBLIC HEARING:
ADOPTION OF THE PORT LUDLOW DRAINAGE DISTRICT
ASSESSMENT SYSTEM ORDINANCE
Notice is hereby given that a public hearing will be held by the Jefferson County Board of Commissioners on
Monday, August 8, 2016 at 10:00 AM in the Commissioners' Chambers at the County Courthouse in Port
Townsend, Washington, for the purpose of taking testimony concerning an ordinance to adopt the Port Ludlow
Drainage District assessment system. The following is a summary of the proposed ordinance:
SECTION 1. PURPOSE AND SCOPE:
The Ordinance establishes a system to set Port Ludlow Drainage District assessments.
SECTION 2. AUTHORITY
The Ordinance is adopted under Chapter 85.38 Revised Code of Washington.
SECTION 3. ASSESSMENT SYSTEM:
The assessment system creates a rate structure for District assessments. The actual assessment on
properties within the District will be set by the District Commissioners through the District budget. The
assessment system is specified in Appendix 1. Assessment System Calculation Method.
SECTION 4. ORDINANCE REVIEW
The assessment system shall be reviewed by the County Commissioners every four years.
SECTION 5. REPEALER
The Ordinance repeals and replaces Ordinance No. 08-0806-12.
SECTION 6. SEVERABILITY:
If any section of the Ordinance is held invalid, the remainder of the Ordinance shall not be affected.
APPENDIX 1. ASSESSMENT SYSTEM CALCULATION METHOD
Copies of the ordinance and assessment system are available at the Commissioners' office at the County
Courthouse, 1820 Jefferson St, Port Townsend, or by calling (360) 385-9100 or emailing
jeffbocc@co.jefferson.wa.us. The ordinance and assessment system can also be viewed on the County
website at www.co.jefferson.wa.us.
Comments on the ordinance and assessment system can be made by letter to the Jefferson County Board
of Commissioners, PO Box 1220, Port Townsend, WA 98368 or by email to
jeffbocc(a),co.iefferson.wa.us. Written comments must be received by 4:00 PM on Friday August 5,
2016. Comments can also be made at the public hearing.
The meeting site is ADA accessible. Accommodations for people with disabilities can be arranged with
advance notice by calling 385-9100.
Kathleen Kler, Chair
Board of Jefferson County Commissioners
Port Ludlow Drainage District Assessment Methodology
County Engineer's Review
Port Ludlow Drainage District Background
RCW 85.38.160 requires County Commissioners to review the Port Ludlow Drainage
District assessment system in a public hearing every four years and approve an ordinance
adopting an assessment system on or before September 1. The County Engineer is
required to review the assessment system and make a report to the County
Commissioners.
The Drainage District was formed by a vote of the property owners in north Port Ludlow
in 2000. The Board of Commissioners adopted the initial District assessment system in
2001. The Board adopted a revised assessment system in August 2003. The Board
readopted that system in 2008 and 2012. The assessment system is shown in Appendix 1.
Port Ludlow Drainage District Assessment System Calculation Method of the draft
Ordinance. It is based on impervious surface area and parcel acreage. The District has
requested that Jefferson County not amend the assessment system.
Assessment System Requirements
RCW 85.38.160 requires that Drainage District assessment systems be designed to
generate $1,000 of revenue for the District by distributing a portion of the $1,000 to each
parcel in the District. The actual assessment for each parcel is determined by the District
through its budget. Based on a $100,000 of District revenue, a typical parcel with a single
family residence would pay approximately $80 annually.
County Engineer's Recommendation
The Public Works Department has reviewed the Port Ludlow Drainage District
assessment system shown in Appendix 1. Port Ludlow Drainage District Assessment
System Calculation Method. It meets the requirements of RCW 85.38.160.
Monte Binders, PE Date
Public Works Director/County Engineer
STATE OF WASHINGTON
County of Jefferson
In the Matter of }
Repealing and Replacing }
Ordinance No. 08-0806-12 }
Finalizing the Assessment System }
For the Port Ludlow Drainage District } ORDINANCE NO.
WHEREAS the Port Ludlow Drainage District was established in 2000; and
WHEREAS RCW 85.38 requires the Board of Commissioners to finalize the
District assessment system at least once every four years; and
WHEREAS the District assessment system was previously finalized by adoption
of Ordinance No.. 08-0806-12 in August of 2012; and
WHEREAS the District has requested that the Board of Commissioners not amend
the District assessment system; and
WHEREAS RCW 85.38 requires the Board of Commissioners to hold a public
hearing prior to finalizing the assessment system; and
WHEREAS RCW 85.38 specifies that notice of the public hearing shall be made
by publishing two notices in the newspaper of record and by mailing a notice to all Drainage
District property owners; and
WHEREAS the notice of the public hearing was properly advertised and the
Drainage District property owners were individually notified by mail; and
WHEREAS a public hearing was held before the Board of County Commissioners
on the 8th day of August, 2016;
NOW, THEREFORE, BE IT ORDAINED
SECTION 1. PURPOSE AND SCOPE
The purpose of this Ordinance is to establish the Port Ludlow Drainage District Assessment
System to be used to set District assessments.
SECTION 2. AUTHORITY
This Ordinance is adopted under the authority conferred on Jefferson County by Chapter 85.38
Revised Code of Washington.
SECTION 3. ASSESSMENT SYSTEM
The Assessment System shall be as specified in Appendix 1. Port Ludlow Drainage District
Assessment System Calculation Method of this Ordinance.
Port Ludlow Drainage District Assessment System
SECTION 4. ORDINANCE REVIEW
The Assessment System shall be reviewed by the Board of County Commissioners at least once
every four years as provided for in Chapter 85.38 Revised Code of Washington.
SECTION 5. REPEALER
This Ordinance repeals and replaces Ordinance No. 08-0806-12.
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or figure of this Ordinance or its application
to any person or circumstances is held invalid, the remainder of the Ordinance or the application
to other persons or circumstances shall not be affected.
EFFECTIVE DATE
This Ordinance shall become effective twenty-one (2 1) days after adoption.
APPROVED AND ADOPTED this day of August, 2016.
ATTEST:
Erin Lundgren
Clerk of the Board
Port Ludlow Drainage District Assessment System
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
Phil Johnson, Member
David Sullivan, Member
APPROVED AS TO FORM:
�2b16
David Alvarez
Deputy Prosecuting Attorne
Appendix 1: Port Ludlow Drainage District Assessment System Calculation Method
As provided for in Chapter 85.38 Revised Code of Washington, the Port Ludlow Drainage District
Assessment System is designed to generate $1,000 in revenue for the District. The Assessment
System determines the amount that each parcel within the District will be assessed per $1,000 of
District revenue. The District Commissioners will determine the total annual District assessment
and the total amount assessed on each individual parcel through the adoption of the annual District
budget. If, as an example, the District budget were set at $70,000, the actual assessment on any
parcel would be the amount assigned in the Assessment System multiplied by 70.
The Assessment System is based on a combination of two assessments. The first is an assessment
on the parcel's acreage as a proportion of the total acreage within the District. The second is an
assessment on the parcel's impervious surface area as a proportion of the total impervious surface
area within the District. 35% of the assessment is based on land area and 65% of the assessment is
based on impervious surface area.
35% of the assessment, or $350.00 of the $1,000, is assigned to the area within the District. The
area portion of the assessment system consists of five Zones (Zone 0, Zone 1, Zone 2, Zone 3, and
Zone 4). Zone 0 consists of areas permanently held in reserve or greenbelt areas that cannot be
developed. Zone 1 comprises the majority of the District. It consists of the areas that can be
developed, except for Zones 2, 3, and 4. It. Zone 2 is the five -acre residential lots in Port Ludlow
No. 6 that completely drain into the District. Zone 3 is the five -acre residential lots in Port Ludlow
No. 6 that partially drain into the District. Zone 4 is the five -acre residential lots in Port Ludlow
No. 6 that completely drain out of the District. Zone 0 parcels will pay 5 percent of the area
assessment. Zone 1 parcels will pay 100 percent of the area assessment. Zone 2 parcels will pay
15 percent of the area assessment. Zone 3 parcels will pay 10 percent of the area assessment. Zone
4 parcels will pay 5 percent of the area assessment.
There are 121.9 acres in Zone 0, 430.7 acres in Zone 1, 37.5 acres in Zone 2, 19.9 acres in Zone
3, and 10.2 acres in Zone 4. The area portion of a $1,000 hypothetical assessment is:
65% of the assessment, or $650.00 of the $1,000, is assigned to impervious surface area. There are
approximately 75.4 acres of impervious surface in the District. Based on a random sample of
residences, a single family residence is assumed to have 3,000 square feet of impervious surface.
3,000 square feet of impervious surface is an Equivalent Residential Unit (ERU) of impervious
surface. A multi -family residence is assigned 0.75 ERUs. Based upon a total of 1,095.2 ERUs
within the District, the 65% impervious surface portion of the $1,000 hypothetical assessment is:
Improvement assessment = $0.593499 per ERU.
Port Ludlow Drainage District Assessment System 3
Percentage of Area
Assessment
2016 Rate per $,1000
Assessment
Zone 0
5%
= $0.039333 per acre
Zone 1
100%
= $0.786654 per acre
Zone 2
15%
= $0.117998 per acre
Zone 3
10%
= $0.078665 per acre
Zone 4
5%
= $0.039333 er acre
65% of the assessment, or $650.00 of the $1,000, is assigned to impervious surface area. There are
approximately 75.4 acres of impervious surface in the District. Based on a random sample of
residences, a single family residence is assumed to have 3,000 square feet of impervious surface.
3,000 square feet of impervious surface is an Equivalent Residential Unit (ERU) of impervious
surface. A multi -family residence is assigned 0.75 ERUs. Based upon a total of 1,095.2 ERUs
within the District, the 65% impervious surface portion of the $1,000 hypothetical assessment is:
Improvement assessment = $0.593499 per ERU.
Port Ludlow Drainage District Assessment System 3
The rates shown in this Appendix have been rounded. The District's assessment database uses the
actual data entered into the database, not the rounded rates shown in this example.
Parcel Assessment Formula per $1,000 of District Revenue
A parcel's assessment per $1,000 of District revenue is based on the parcel's area and the area of
impervious surface measured in Equivalent Residential Units.
Parcel Assessment = (area rate x parcel area) + (ERU rate x ERUs on the parcel)
Port Ludlow Drainage District Assessment System 4
Gray 8z Osborne, Inc.
CONSULTING ENGINEERS
May 13, 2016
Mr. Jim Pearson
Jefferson County Public Works Department
623 Sheridan Street
Port Townsend, Washington 98368
SUBJECT: ASSESSMENT METHODOLOGY
PORT LUDLOW DRAINAGE DISTRICT, JEFFERSON COUNTY,
WASHINGTON
G&O # 13419.00
Dear Mr. Pearson:
The Port Ludlow Drainage District has requested that we inform you that the District will
continue with the assessment methodology that was presented before the Jefferson
County Board of Commissioners on August 6, 2012.
Please contact me by telephone ((206) 284-0860) or e-mail (nlockett(ag-o.com) if you
have any questions regarding the District's assessment methodology.
Sincerely,
GRAY & OSBORNE, INC.
)t4��
Nancy .Lockett, P.E.
1L1�1111;11
cc: Port Ludlow Drainage District
701 Dexter Avenue N., Suite 200 Seattle, Washington 98109 (206) 284-0860 Fax (206) 283-3206
l* Printed on recycled paper
85.38.160. Systems of assessment--Hearing--Notice--Adoption of ordinance--Appeals--R... Page 1 of 2
t
WESTLAW
West's Revised Code of Washington Annotated
Title Ag. Diking and Drainage (Refs & Annos)
Chapter 85.38. Special District Creation and Operation
85.38.160. Systems of assessment—Hearing—Notice=-Adoption of ordinance--_Appeals—Review—Emergency assess...
West's Revised Code of Washington Annotated Title 85. Diking and Drainage (Approx. 2 pages)
West's RCWA 85.38.16o
85.38.160. Systems of assessment--Hearing--Notice--Adoption of
ordinance--Appeals--Review--Emergency assessment
Currentness
(1) The county within which each special district is located shall establish a system or
systems of assessment for the special district as provided in this section. A differing system
of assessment shall be established for different Gasses of facilities that a special district
provides or will provide, including a separate system of assessment for diking and drainage
facilities if both classes of facilities are provided. Whenever a special district is located in
more than one county, the county within which the largest portion of the special district is
located shall establish the system or systems of assessment for the entire special district. A
system of assessment shall include assessment zones, the acreage included in each
assessment zone, a dollar value of benefit or use per acre, and various Gasses or types of
improvements together with a dollar value of benefit or use for an improvement included in
each of the classes or types of improvements. The county shall establish which
improvements shall be subject to special assessments and shall establish one or more types
or classes of such improvements.
(2) The engineer of the county shall prepare a preliminary system or systems of assessment
for each special district. Each system of assessment that is prepared for a special district
shall be designed to generate a total of one thousand dollars in revenue for the special
district.
The preliminary system or systems of assessment shall be filed with the county legislative
authority. A public hearing on the preliminary system or systems of assessment shall be held
by the county legislative authority. Notice of the public hearing shall be published in a
newspaper, in general circulation in the special district, for two consecutive weeks with the
final notice being published not less than fourteen, nor more than twenty-one days, before
the public hearing. Notice shall also be mailed to each owner or reputed owner, as shown on
the assessor's tax rolls, of each lot or parcel subject to such assessments. The mailed notice
shall indicate the amount of assessment on the lot or parcel that, together with all other
assessments in the system of assessment, would raise one thousand dollars. The mailed
notice shall indicate that this assessment amount is not being imposed, but is a hypothetical
assessment that, if combined with all other hypothetical assessments in the system of
assessment, would generate one thousand dollars, and that this hypothetical assessment is
proposed to be used to establish a system or systems of assessment for the special district.
Where a special district currently is imposing special assessments and a property owner's
property is subject to these special assessments, the mailed notice to this property owner
also shall use the hypothetical special assessment in conjunction with the total special
assessments imposed by the special district in that year to provide a comparison special
assessment value to the property owner. This notice shall indicate that the comparison
special assessment value is not being imposed, and should be considered for comparative
purposes only. Where a special district is not currently imposing special assessments, the
mailed notice may include, if deemed appropriate by the county engineer and if such figures
are available, an estimated special assessment value for the property owner's property using
this hypothetical special assessment in conjunction with special district -wide level of special
assessments that possibly would be imposed in the following year. Where a county is
imposing rates and charges for storm water or surface water control facilities pursuant to
chapters 36.89 or 36.94 RCW, the county shall credit such rates and charges with
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assessments imposed under this section by a special district to fund drainage facilities and
the maintenance of drainage facilities.
(3) The county legislative authority shall hold a public hearing on the preliminary system or
systems of assessment on the day specified in the notices. Persons objecting to the
preliminary system or systems of assessment may present their objections at this public
hearing, which may be continued if necessary. The county legislative authority shall adopt
an ordinance finalizing the system or systems of assessment after making any changes that
in its discretion are necessary. The county legislative authority shall have broad discretion in
establishing systems of assessment. The decision of the county legislative authority shall be
final, except for appeals. Any person objecting to the system or systems of assessment must
appeal such decision to the superior court of the county within which all, or the largest
portion, of the special district is located within twenty days of the adoption of the ordinance.
(4) The system or systems of assessment of each special district shall be reviewed by the
county engineer and finalized by the county legislative authority at least once every four
years. A system or systems of assessment shall be finalized on or before the first of
September in the year that it is finalized. The legislative authority of a county that is
responsible for establishing a system or systems of assessment for more than one special
district may, at its option, stagger the initial finalization of such systems of assessment for
different special districts over a period of up to four years. Assessments shall be collected in
special districts pursuant to the district's previous system of assessment until the system or
systems of assessment under this chapter is finalized under this section.
(5) New improvements shall be noted by the special district as they are made and shall be
subject to special assessments in the year after the improvement is made.
(6) The county legislative authority, upon request by a special district, may authorize the
special district to impose and collect emergency assessments pursuant to the special
district's system or systems of assessment whenever the emergent protection of life or
property is necessary.
Credits
[1985 c 396 § 17.]
West's RCWA 85.38.160, WA ST 85.38.160
Current with all laws from the 2016 Regular and First Special Sessions of the Washington
legislature that take effect on or before Jury 1; 2016
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