HomeMy WebLinkAboutPublic Works August 7 20011
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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
August 7, 2001
The meeting was called to order at 1:30 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present:
Marlene Dawson
Dan McShane
Absent:
None
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. RESOLUTION CONDITIONALLY APPROVING BIRCH BAY WATER &
SEWER DISTRICT COMPREHENSIVE SEWER SYSTEM PLAN,
AMENDMENT NO. 1 (ARCO) (AB2001 -265)
Brenner stated that the County Council has very little control or influence
over the Birch Bay Water and Sewer District. She has been working on an issue for
over a year for some people in the Birch Bay Water and Sewer District. The people
are in the process of losing their property. One of the persons is disabled. She
questioned whether the property is supposed to be assessed for the value of the
improvements, not for the total value of their property.
Larry Freeman, Birch Bay Water and Sewer District, stated that is correct.
Brenner stated these people have been assessed for more than what the
assessor has on record as the value of their property. That doesn't make any
sense. One fellow has a balloon payment due this year.
Dawson stated a State Supreme Court decision said that owners of vacant
lands are not obligated to pay any standby fees.
Brenner stated this is not vacant land, although the owner didn't need the
service.
Dawson stated the owner should have the service for the portion of the land
he is using, but he should not be assessed for all of it.
Brenner stated it is only a small lot. The County has no jurisdiction on this,
but this man is going to lose his property. If the man had been assessed on the
increase in the value, which the assessor determined, the owner could have paid
the fee. The owner is being assessed on the entire value of his property, and more.
The person who did the appraisals was reprimanded and may have even lost his
license while doing those appraisals. The Birch Bay Water and Sewer District
should have a conscience about keeping these people from being thrown off their
property. There is no legal recourse for these people because the deadline passed,
Public Works and Capital Projects Committee, 8/7/2001, Page 1
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but they didn't know that. They are lay people. They are suing their attorney.
Every year, they are being assessed at the entire value of their property. No
district is allowed to do that.
Freeman stated that some folks at the Double R Ranch are experiencing
some problems with the assessments. The assessments are atrocious for one -acre
lots to receive water and sewer.
Brenner stated the assessment cannot be more than the value of the
property. This assessment is. Freeman stated that he would go over the record
and check into this. A state program can help.
Brenner stated this person doesn't qualify because he doesn't have enough
equity in the property.
NaDean Hanson, Board of Equalization Clerk, stated the property went before
the Board of Equalization, which reduced the value of the property. The Board
recommended that the deferral to the State be reinstated. At that point, it is back
with the assessor for deferral to the State.
Dawson questioned whether they are planning to assess people with vacant
property. Freeman stated they are not.
Brenner questioned what happens if a water district commits too much
money to something. She questioned whether a district can force people to pay for
its mistake. The Revised Code of Washington (RCW) says a district can only collect
a fee based on the increased value of the property, not to reimburse what was
spent. That is to keep the district from spending money without being careful.
Freeman stated some of the one -acre parcels at the Double R Ranch were assessed
at around $25,000. That is split between water and sewer for the size of the lot.
There were some outside appraisals done. The commissioners and managers were
dealing directly with those issues.
Dawson stated the court case decision would have big implications for
developers. Freeman stated the developers are required to pay their connection
fees for water and sewer to the Birch Bay Water and Sewer District up front, before
construction starts. Once the connection fees are paid and the lots are sold, the
owner is only responsible for paying for a water meter installation and a side sewer
permit fee. The developer pays for the connection charges and construction until
the lots are sold.
Brenner stated she has a problem forcing people to pay up front in this
situation. They can easily put people out of their homes this way.
Brenner moved to recommend approval.
Motion carried unanimously.
Public Works and Capital Projects Committee, 8/7/2001, Page 2
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ADJOURN
The meeting adjourned at 1:45 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Capital Projects Committee, 8/7/2001, Page 3