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HomeMy WebLinkAbout44-18 - Ord. Creating Lake Management District for Mason Lake ORDINANCE NO. qq-I u AN ORDINANCE creating a Lake Management District for Mason Lake pursuant to Chapters 36.61 RCW,to be designated Mason County Lake Management District No.2 for Mason Lake. WHEREAS,Chapter 36.61 RCW authorized the Board of Mason County Commissioners to initiate the creation of lake management districts; WHEREAS,the Board of Mason County Commissioners found creation of a lake management district for Mason Lake to be in the public interest through adoption of Resolution 29-18;and WHEREAS,the proposal to create the lake management district received a majority of the votes cast by property owners within the proposed district pursuant to RCW 36.61.080.100. NOW,THEREFORE BE IT ORDAINED by the Board of County Commissioners of Mason County as follows. Creation of District Mason County Lake Management District No.2 for Mason Lake,as proposed in Resolution No. 15-18 adopted on March 13, 2018,is hereby created. Conditions for District Operation The conditions for the operation of Lake Management District No.2 are set forth in Resolution 29-18,Exhibit A hereto,which resolution is incorporated by reference as though set forth in full. The conditions for operation set forth in Exhibit A include the findings and determinations,with district purposes,district boundaries,duration(10 years);annual rates and charges and provision for a steering committee. Rates and Charges-Collection 1. Rates and charges for Lake Management District No.2 shall be included in Mason County's annual property tax statements. Properties,which do not receive a property tax statement,will receive a separate billing statement for these rates and charges. 2 The total amount of the Lake Management District No.2 rate and charge shall be due and payable on or before the 30th day of April and shall be delinquent after that date;however,if one-half of such rate and charge is paid on or before the said 30'e of April the remainder shall be due and payable on or before the 31"day of October and shall be delinquent after that date. 3. If a payment is received in conjunction with a combined property tax and Lake Management District No.2 rate and charge,and the payment is less than the amount due,the payment shall be applied first to the annual property tax of the parcel and any remaining due amount to the Lake Management District No.2 rate and charge. Severability If any clause,sentence,paragraph,section,or provision of this Ordinance or the application thereof to any person or circumstances shall be found to be invalid,the validity of the remaining provisions shall not be affected,and the Ordinance shall be construed or enforced as if it did not contain the particular provision held to be invalid. ADOPTED this 26's day of June 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON �COUNTY,WASHINGTON Me ssa �' ,Clerk the Board `L7 ) �/`'"�J Randy eatherlin,Chair APPROVED AS TO FORM: &?,& Terf Drexler,Co stoner Timothy White ead,Chief Deputy „ Prosecuting Attorney f a_ uv Kevin Shutty ommissioner C: Auditor/Accounting Assessor Treasurer J:\Lake Management District\Mason Lake LMD 2017-2018 Process\LMD-Ordinance to Create.doc Exhibit A RESOLUTION NO:� ______. A RESOLUTION adopting findings and determinations consistent with RCW 36.61.070 regarding the establishment of Lake Management District No. 2 for Mason Lake, and submitting the establishment of Lake Management District No. 2 to a vote of property owners within the proposed district. WHEREAS, the Board of Mason County Commissioners adopted Resolution No. 15-18 on March 13, 2018 setting out its intention to consider formation of Lake Management District No. 2 for Mason Lake (LMD No. 2); and WHEREAS, a public hearing was held on April 17, 2018 to consider formation of LMD No. 2 and the County Commissioners heard support from persons affected by the formation of LMD No. 2 and other comments regarding the proposed work program; and WHEREAS, a representatives from the Department of Ecology, the Department of Fish and Wildlife and Department of Natural Resources had the opportunity to make presentations and comments on the proposal. NOW, THEREFORE, THE BOARD OF MASON COUNTY COMMISSIONERS DOES RESOLVE AS FOLLOWS: Section 1. The Board of County Commissioners adopts the following findings and determinations: 1. The formation of LMD No. 2 is in the public interest as evidenced by the following proposed plan (Exhibit A)of lake improvement and maintenance activities, which is approved as part of these findings. The proposed LMD will: a. Manage noxious aquatic plants in Mason Lake to meet recreational and aesthetic needs, fishery and wildlife habitat requirement, and ecosystem and groundwater concerns. b. Employ proven techniques based on environmental safety. c. Conduct water quality monitoring as needed. d. Investigate and promote the best management practices and shoreline enhancement. e. Monitor for recurrence of Eurasian Water Milfoil, Slender Arrowhead and Yellow Flag Iris or emergence of other lake plants that could adversely impact the freshwater system and recommend prompt action to control these. f. Maintain an advisory committee of neighborhood representatives to direct the efforts and funds of the LMD. 2. 'The financing of the lake improvement and maintenance activities is feasible since the revenues to be raised match the activities set out in the proposed plan for LMD No. 2. 3. The plan for proposed lake improvement and maintenance activities avoids adverse impacts on fish and wildlife and provides for measures to protect and enhance fish and wildlife. 4. LMD No. 2 will exist for a period of 10 years, commencing in 2019. 5, The amount to be raised through rates and charges is approximately $36,000.00 the first year with a maximum escalation for inflation of 50t6 per year for the following nine years. Exhibit A LIVID—Mason Lake—Resolution No. 6. The boundaries of the District are all properties fronting Mason Lake or having community access to Mason Lake, in Mason County, Washington. 7. Annual Charge per Parcel: The proposed formula for annual rates and charges to property in 2019 is it cents per thousand valuation. Revenue bonds will not be issued. Section 2. The question of whether to form Lake Management District No. 2 for Mason Lake shall be submitted to the property owners within the proposed district. The Support Services Department shall prepare the ballots for submittal to the property owners. Ballots will be received by the Office of the County Commissioners, 411 N. Fifth Street, Shelton, WA 98584 no later than 5:00 pm, May 16, 2018. Section 3. Ballots will be available for public inspection after they have been counted. Dated this 17"' day of April, 2018, BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON hse.rl- Randy Neatherlin, Chair ATTEST: r _ Terri Drexler,Co"*' sinner Melis a J\ Clerk 4 the Board Kevin Shu Y, 9ommissioner Approved as to form: 1 Chief Deputy Prosecuting Attorney Timothy Whitehead JALake Management DistricfMason Lake LMD 2017-2018 Process'\LNU)- Resolution to Form&send ballot 42.doc Exhibit A LAKE MANAGEMENT PLANxhi ► MASON LAKE, WA JANUARY 1, 2018 The following is the cost estimate and plan for the continued control of invasive species of plant life in Mason Lake. This plan is for calendar year 2018. CURRENT FUNDS ON HAND AS OF JANUARY 1, 2018: Milfoil Fund Checking Account* $9,171.88 LMD#2 Tax Receipts $112,418.10 Total $121,589.98 ESTIMATED 2018 INCOME FROM TAX RECEIPTS**: $49,000.00 ESTIMATED 2018 EXPENDITURES***: $55,674.00 ESTIMATED BALANCE DECEMBER 31, 2018: $114,915.98 *funds from donations prior to LIVID creation. Used for one-off bills, e.g. tax preparation, insurance and legal. **based on same 2017 rate of approx. $.16 per $1,000 assessed. ***includes expenses for re-election of the LMD in 2018 Exhibit A The Mason Lake Management District (LMD#2) and volunteer committee has been tasked with the identification, mapping and treatment of invasive species of plant (as identified by the Washington State Department of Ecology) in Mason Lake. Current invasive species include Eurasian Water Milfoil (EWM), Slender Arrowhead (SAG) and Yellow Flag Iris. Licensing, identification, mapping, treatment and reporting is completed by our contractor, AquaTechnex, LLC. On an annual basis, the biologists from AquaTechnex procure licensing from Washington State DOE for the treatment of invasive species in Mason Lake. Herbicides used for the treatment are approved by the DOE, and only by licensed and qualified professionals. In the spring, an initial survey is completed by a diver from AquaTechnex, to determine location and type of invasive species. Based on this initial survey, a map of the locations and plant types is created, along with a plan of treatment, to be approved by the LMD#2 committee. Treatment timing and frequency are scheduled around fish windows and high occupancy weekends. Generally, treatment is done during a Tuesday to Thursday window to avoid weekend lake traffic. Prior to treatment, notices of treatment (dates, products used and restrictions) are sent out by mail to all residents. In addition, postings are placed on the shoreline in the specific areas of treatment. In the fall, another survey of the shoreline is done to determine effectiveness of the treatments. The current LIVID expires at the end of 2018. Petitions have been submitted to create a new LIVID starting in 2019. The current rate of tax collected in 2018 is approx. $.16 per $1,000 assessed. The new LIVID is requesting a voter approved rate of $.11 per assessed starting in 2019. The LIVID committee believes that with the current funds on hand, the rate of collection at $.11 will be sufficient to sustain the program. A 5% rate increase annually is available if it is determined that additional funds are required. The increase would require LIVID committee approval.