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HomeMy WebLinkAbout072020_ca02 Department of Public Works 0 Consent Agenda Page 1 of 2 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: July 20, 2020 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 02-0808-16. 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 17, 2020. 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 $75. 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 and maintain drainage facilities in Port Ludlow. Department of Public Works O Consent Agenda Page 2 of 2 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 10:3@ AM on August 17, 2020 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: Monte Reinders, 385-9242 Reviewed By: ip Morle , Co ty A or Date NOTICE OF PUBLIC HEARING: ADOPTION OF THEPORT LUDLOW DRAINAGE DISTRICT ASSESSMENT SYSTEMORDINANCE Notice is hereby given that a public hearing will be held by the Jefferson County Board of Commissioners on Monday, August17, 2020at 10:30AMin the Commissioners’Chambers at the County Courthouse in Port Townsend, Washington, for the purpose of taking testimony concerning anordinance toadoptthe Port Ludlow Drainage Districtassessment 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 Districtassessments. 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. 02-0808-16. SECTION 6. SEVERABILITY If any section of the Ordinance is heldinvalid, the remainder of the Ordinance shall not be affected. APPENDIX 1. ASSESSMENT SYSTEM CALCULATION METHOD Copies of the ordinance 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 ordinancecan also be viewed on the County website at www.co.jefferson.wa.us. Written testimony is invited beginning on July 23, 2020 and endingon August 17, 2020 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Writtentestimony may be submitted by Email to: jeffbocc@co.jefferson.wa.us; by Mail to: Jefferson County Commissioners’ Office; PO Box 1220, Port Townsend, WA 98368; or In Person (if allowed) to: Jefferson County Commissioners’ Office, Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368.Testimony must be received by the Board of County Commissioners by the end of the public comment period. The meeting site is ADAaccessible.Accommodations for people with disabilities can be arranged with advance notice by calling 385-9100. NOTE: Due to Covid-19, it is unknown if there will be restrictions on the Open Public Meeting Act on the date of this Hearingthat will preclude public in-person attendance.Please check the Jefferson County website at www.co.jefferson.wa.us for the current status or to view this meeting live, go to www.co.jefferson.wa.us.Follow the links under "Quick Links: Videos ofMeetings-Streaming Live." _________________________________ Greg Brotherton, Chair Board of Jefferson CountyCommissioner STATE OF WASHINGTON County of Jefferson In the Matter of } Repealing and Replacing } Ordinance No. 02-0808-16 } 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. 02-0808-16 in August of 2016; 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 8 5.3 8 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 17th day of August, 2020; 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. 02-0808-16. 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 (21) days after adoption. APPROVED AND ADOPTED this day of August, 2020. ATTEST: Carolyn Galloway Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, District 1 David Sullivan, District 2 Greg Brotherton, District 3 APPROVED AS TO FORM: 0. �1Z�/�� -7 Philip C. Hunsucker Chief Deputy Prosecuting Attorney Port Ludlow Drainage District Assessment System 2 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. 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: 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 1 10% = $0.078665 per acre Zone 4 1 5% = $0.039333 per acre 65% of the assessment, or $650.00 of the $1,000, is assigned to impervious surface area. There are 814 single family residences in the District. Based on a random sample of residences, each single family residence is assumed to have 3,000 square feet of impervious surface or one Equivalent Residential Unit (ERU) of impervious surface. There are 123 multi -family residences in the District. Each multi -family residence is assumed to have 0.75 ERUs for a total of 92.3 ERUs. There are also 266.5 ERUs associated with non-residential uses in the District. There are a total of 1,172.8 ERUs in the District. The 65% impervious surface portion of the $1,000 hypothetical assessment is equal to $650 divided by 1,172.8 ERUs = $0.554229 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 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, 2012, and 2016. 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 $75 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 Calcu a od. It meets the requirements of RCW 85.38.160. e Mo ers, PE Da e Public Works Director/County Engineer