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HomeMy WebLinkAbout49-12 - Ord. Creating Lake Management District for Island Lake RCW 36.61ORDINA\CE NO v AN ORDINANCE creating a Lake Management District for Island Lake pursuant to Chapters 36.61 CVV, to be designated Lake Management District No. 1 for Island Lake. WHEREAS, Chapter 36.61 RCW authorizes the 3oard of Mason County Commissioners to initiate the creation of lake management districts; VVHEREAS, the Board of Mason County Commissioners found creation of a lake management district for Island Lake to be in the public interest through adoption of Resolution 35-12; and VVHEREAS, the DroDosai to create the lake management district received a majorriy of the votes cast by property owners within the proposed district pursuant to RCW 36.61.100. i! 'LLLIi,THEREFORE ,BE IT ORDAINED b the Board of County Cornmissioners of Mason C0L.E'r-11v !,' 0I3 0`J yv Creation of District Mason County Lake Management District No. 1 for Island Lake, as proposed in Resolution No. 11-12, adopted on March 13, 2012 is hereby created. Conditions for District Operation The conditions for the operation of Lake Management District No. 1 are set forth in Resolution 35-12, 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 citizen committee. Rates and Charges - Collection 1. Rates and charges for Lake Management District No. 1 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 i he total amount of the Lake Management District No. 1 rates and charges 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 rates and charges is paid on or before the said 30th of April the remainder shall be due and payable on or before the 31st 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. 1 rates and charces, and the payment is Tess 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. 1 rates and charges. 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 helc to be invalid. Ordinance No. June 5, 2012 Lake Manacement District No. 1 — Island Lake ADOPTED this 5th day of June, 2012. ATTEST: annon Goudy, Cler !y, he Board APPROVED AS TO FORM: Tim Whitehead, Chief Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS MASIN COUNTY WASHIIGTON tiet_ a Ring Erickson, C ,air S Tim Sheldon, Commissioner Steve Bloomfield, C®mmissioner C. Auditor/Accounting; Assessor; Treasurer; LMD 1; File .1:\Lake Management District\1slancl Lake LMD 201 1-2012\Ordinance to erectile LMD.doc RESOLUTION NO:. 5 7 Exhibit A A RESOLUTION adopting findings and determinations consistent with RCW 36.61.070 regarding the establishment of Lake Management. District No. 1 for Island Lake, and submitting the establishment of Lake Management District No. 1 to a vote of property owners within the proposed district. W HEREAS, the Board of Mason County Commissioners adopted Resolution No. 14-12 on March 13, 2012 setting out its intention to consider formation of Lake Management District No. 1 for Island Lake (LMD No. 1) and a correction to this resolution was made on March 27 by adoption of Resolution No 21-12; and WHEREAS, a public hearing was held on April 10, 2012 and continued to April 17, 2012 to consider formation of LMD No. 1 and the County Commissioners heard support from persons affected by the formation of LMD No. 1 and other comments regarding the proposed work program and W HEREAS, representatives from the Department of Ecology, the Department of Fish and Wildlife and Department of Natural Resources had the opportunity to make presentations and commentson the proposal. N OW, 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. 1 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 Island 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. Investigate and promote the best management practices and shoreline. enhancement. d. Monitor for recurrence of Eurasian Watermilfoil or emergence of other lake plants that could adversely impact the freshwater system and recommend prompt action to control these. e. 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 1. 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. 1 will exist. for a period of 10 years. 5. The amount to be raised through rates and charges is approximately $10,000 annually for ten years. LMD — Island Lake — Resolution No..3 4 6. The boundaries of the District are all properties fronting Island Lake in Mason County, Washington. 7. Annual Charge per Parcel: The proposed formula for annual rates and charges to property in 2013 is 25 cents per thousand valuation It is anticipated that revenue bonds or notes payable from such rates and charges will be issued to finance the activities of the LMD. Section 2. The question of whether to form Lake Management District No.1 for Island Lake shall be submitted to the property owners within the proposed district. The Central Operations 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 17, 2012. Section 3. Ballots will be available for public inspection after they have been counted. Dated this 17th day of April, 2012. ATTEST: Shannon Goudy, Clerk o'• ' Board Approved as to form. Tim Whitehead, Attorney Chief Deputy Prosecuting BOARD OF COUNTY COMMISSIONERS MASO -COUNTY s SHIN( I ON air Ly wing Erickson Tim Sheldon, Commissio .I.\RESOLUTIONS & ORDINANCES\RESOLUTIONS -ORDINANCES Word Files12012\LMD - Island Lake - send to ballot.doc a a e t► tri r sal February 2012 Exhibit A Purpose of the Island Lake Management District (LMD) • To raise funds necessary to eliminate Eurasian Milfoil from Island Lake in order to restore the recreational and aesthetic needs of property owners and other lake users by employing the best techniques based on environmental safety and efficacy without adversely impacting the fishery and wildlife habitat requirements. • To monitor for recurrence of Eurasian Milfoil or emergence of other lake plantsthat could. adversely impact the lake and to recommend and fund removal of these plants throughout the life of the LMD. • To maintain an advisory committee of neighborhood representatives to direct the efforts and funds of the LMD Charges to property owners for LMD activities Annual rates and charges will be used to raisefunds to support the LMD activities. The maximumamount that will be raised by the LMD throughout its ten year existence is the amount approved by the district owners by vote upon creation of the LMD, which amount should be approximately $100 000.00. The funds will be charged to waterfront property owners based on the property values recorded in January 2012, and collected annually by the Mason County Treasurer. Based on a preliminary review of values obtained from the Mason County Assessor and subject to some minor adjustment, the total value of all property within the proposed LMD is $40,000,000 00. Using an estimated total project cost of $100 000 00, the total assessment per parcel would be $0.25 per $1,000 of the value of the property and buildings on each parcel as those values appear in the 2012 assessment. For example, an owner of a waterfront parcel. for which the assessor had assessed value of $300,000 would pay $75 00 each year for a period of 10 years. This figure would change in accordance with assessed value inasmuch as each parcel is reappraised every four years. Proposed Budget The proposed budget for the LMD is based on the past 10-year experience of controlling the Eurasian Milfoil infestation in Island Lake. Weed growth will be controlled through this 10-year project by diver surveys, underwater hand -pulling the plants and, depending on the lake condition, occasional chemical treatment every few years. LMD Budget Estimate Treatment Year Cost Cost for application labor $1200 /day for 3 days Public notice in newspaper Mailings to Iakeshore residents (postage and printing) Aquathol Super K granular chemical costs $2275/acre for 4 acres Underwater surveys and hand pulling plants Estimate of project cost for treatment year: Monitoring Year Underwater surveys and hand pulling plants Estimate of project cost for monitoring year two: 10-Year Budget Estimate Project Year 1 Treatment 2 Monitoring 3 Treatment 4 Monitoring 5 Treatment 6 Monitoring 7 Treatment 8 Monitoring 9 Treatment 10 Monitoring $3,600 $400 $200 $9,100 $1,000 $14,300 Cost $1,000 Mason County fee Permit fees and contingency funds TOTAL Max Folsom Island Lake Management District #1 330 E Island Lake Drive $1,000 Increase 0.0% 0.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% Increase Estimate $0 $0 $715 $50 $751 $53 $788 $55 $828 $58 Budget Estimate $14,300 $1,000 $15,015 $1,050 $15,766 $1,103 $16,554 $1,158 $17,382 $1,216 $1,000 $14,458 $100,000