HomeMy WebLinkAboutRES 2023-122BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
A RESOLUTION & ORDER AUTHORIZING THE KITTITAS COUNTY TREASURER
TO REMOVE DETINQUENT WEED ASSESSMENTS
RESOLUTTON NO. 202s - | Ax
Whereas,the Washington State Department of Transportation (WSDOT) previously held
that the Kittitas County Weed Board lacked the legal authority to make weed
assessments against State lands; and
Whereas,WSDOT withheld payment for weed assessments on WSDOT-owned parcels in
Kittitas County bearing those assessments from 2017 throu gh 2O2L; and
Whereas,joint efforts between the WSDOT, County Treasurers, and State legislators
resulted in amendments to chapters of RCW 77.tO and RCW 79.44.003 related to
weed assessments; and
Whereas,WSDOT did pay weed assessments on WSDOT-owned parcels in Kittitas County
bearing those assessments in 2022; and
Whereas,while Kittitas County still believes it lawfully levied all prior weed assessments on
WSDOT property, the Kittitas County Weed Board finds it is not worthwhile to
argue for payment of the WSDOT outstanding weed assessments; and
Whereas,the Kittitas County Board of County Commissioners originally levied the weed
assessments per RCW 17.10.240;
NOW, THEREFORE, BE lT RESOLVED by the Board of County Commissioners, that the weed
assessments listed in Exhibit A, attached hereto, and approved for cancellation by the Kittitas
County Weed Board as reflected in meeting minutes attached hereto, as Exhibit B, hereby
authorizes, orders, and directs the Kittitas County Treasurer to cancel these delinquent
assessments from the tax rolls of Kittitas County.
APPROVED, tfris lS aay of WtXSt ,2023,at Etlensburg, Washington.
BOARD OF COUNW COMMISSIONERS
KITTITAS COU NTY, WASH INGTON
ABSENT
Cory Wright, Chairman
(
Vice-Chairman
Osi Commissioner
erk Board - Julie Kjorsvik
n Deputy Clerk ll - Mandy Buchholz
PRESENT-
Board Members
Staff:
Kittitas Counfy Noxious Weed Control Board
901 E 7rh Ave, Suite 3, Ellensburg, WA 98926
Telephone: (509) 962-7007 / Email: weeds@co.kittitas.wa.us
Board of Directors: Jim Hanson, Flolly Pinkart, Galen Rogers, and Matt Eslinger
MAY 8,2023
MEETING MTI\UTES
Jim Hanson, Galen Rogers, and Flolly Pinkart
Todd Davis and Marc Evlar
CALL TO ORDER _
The regular Weed Board meeting was called to order at 5:03 p.m.
APPROVAL OF THE MINUTES -
The Board reviewed the minutes from the March 13,2AZ3 Weed Board meeting. Holly moved to
approve the rninutes. Jim seconded the motion. Motion carried.
FINANCIAL REPORT _
Todd presented the Weed Board financial report including all expenditures since the last
meeting. Holly moved to approve the March financial report. Jim seconded the motion. Motion
carried.
TRAVEL REIMBURSEMENT _
Todd requested approval of his March travel reimbursement during the Washington State Weed
Coordinators' Association meeting. Galen moved to approve Todd's travel reimbursement. Jim
seconded the motion. Motion canied
WSDOT Delinquent Weed Assessments -
Todd said that the State Attorney General's Office sent another letter on behalf of WSDOT
stating that they weren't going to pay their delinquent weed assessments prior to the 2021
legislative amendments to RCWs 17.10 and 17.A4, which total about $862 in lost revenues for
the Weed Board. He said that he agreed with the Treasurer's Office and the Prosecutors Office
that the best course of action would be to remove the delinquent weed assessments from the tax
rolls now that WSDOT is paying their weed assessments again.
Jim moved to request that the Kittitas County Treasurer remove the Kittitas County Weed
Board's uncollected WSDOT weed assessments from the tax rolls for years 2016,2017,2018,
2A19,and2020, to be collected in years2017,20l8,2019,2020,and202l,respectively. Holly
seconded the motion. Motion carried
NEXT MEETING -
The next Weed Board meeting was scheduled for 5:00 p.m. on June 12,2023 at 901 E 7th Ave,
Ellensburg, WA, Suite 3.
ADJOURNMENT -
Jim moved to adjourn the meeting. Holiy seconded the motion. Motion carried and the meeting
was adjourned at 5:35 p.m.
-Respectfully submitted by Todd Davis-
Approved by the Kittitas County Noxious Weed Control Board on:
f,6 /o zoz 7
Dateu
nv/tolz=b;t{ I
Holly Pinkart, Chair
T
Kittitas County Weed District #1
490 Lower Green Canyon Road, Ellensburg,W{98926
Board of Directors: David Rinehart, Clint Weaver and Scott Haberman
April 17,2023
Kittitas County Treasurer
Any Cziske
205 W 5th Ave, Suite 102
Ellensburg , W A 98926
RE: WSDOT Weed Assessments
Dear Treasurer Cziske,
Kittitas County Weed District #1 requests that you remove uncollected WSDOT weed
assessments from the tax rolls on parcel 139333 for years 2016,2017,2018, 2019, and2020,to
be collected in years 2017,2018,2019,2020, and202l, respectively.
Thank you.
Sincerely,
Kittitas County Weed District #1 Directors
David
Clint Weaver
Scott
2021
2020
2019
2018
2017
139333
1 39333
139333
1 39333
139333
Real Property
Real Property
Real Property
Real Property
Real Property
WEED DIST #1
WEED DIST #1
WEED DIST #1
WEED DIST #1
WEED DIST #1
coR sD401 F2B Hl 4SZZ.SO
coR sD401 F02 H01 ($ZO.OO
coR sD401 F02 F02Bl$20.00
coR sD401 F02 H01 ($ZO.OO
coR sD401 F02 H01 ($ZO.OO
ACRES 16.10, SEC.
ACRES 't6.10, SEC.
ACRES 16.10, SEC.
ACRES 16.10, SEC,
ACRES 16.10, SEC.
STATE OF WASH (DOT)
STATE OF WASH (DOT)
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STATE OF WASH (DOT)
1 8-1 8-33040-0009
1 8-r 8-33040-0009
1 8-1 8-33040-0009
1 8-1 8-33040-0009
1 8-t 8-33040-0009
Year Parcel Nun Post Type District Desc Owner Last Name Map NumberBalance Legal
Kittitas County Weed District #2
449 I Thorp Highway, Ellensburg, W A 98926
Board of Directors: Robert Gregerich, Robert Acheson, and Ken Larson
ApriI17,2023
Kittitas County Treasurer
Any Cziske
205 W 5th Ave, Suite 102
Ellensburg, WA 98926
RE: WSDOT Weed Assessments
ueiifi$teast""'Cziske,
Kittitas County Weed District #2 requests that you remove uncollected WSDOT weed
assessments from the tax rolls on parcel 706433 for years 2016,2017,2018,2019, and2020,to
be collected in years 2017 , 2018, 2019, 2020, and 2021 , respectively.
Thank you.
Sincerely,
Kittitas County Weed District #2 Directors
Gregerich
Robert Acheson
Larson
2021
2020
201 9
2018
2017
706433
706433
706433
706433
706433
Real Property lWeeO DIST #2
Real Property lweeo DIST #2
Real Property lweeo DlsT #2
Real Property lweeo DIST #2
Real Propefi IWEED DIST #2
coR sD4oo Fl Hl cl l$ss.oo lncnes 10.09; sEc
coR sD4oo Fol Hol ($es.oo hcnes 10.09; sEc.
coR sD400 Fo1 Ho1 ($ss.oo lacnes r0.09; SEc
COR SD400 F01 H01 ($SS.OO IACRES 10.09; SEC
cOR SD400 F01 H01 ($ss.oo IACRES 10.09; SEc
STATE OF WASH (DOT)
STATE OF WASH (DOT)
STATE OF WASH (DOT)
STATE OF WASH (DOT)
STATE OF WASH (DOT)
1 8-1 7-1 401 0-0001
I 8-l 7-1 401 0-000't
1 8-1 7-1 40r 0-0001
18-1 7-14010-0001
18-1 7-14010-0001
Year Parcel Nun Post Type District Desc Balance Legal Owner Last Name Map Number
Kittitas County Weed District #4
1880 Hamilton Road, Ellensburg, WA 98926
Board of Directors: Karen Poulsen, Well Bartsm4 and Doue Gibb
April17,2023
Kittitas County Treasurer
Any Cziske
205 w 5th Ave, Suite 102
Ellensburg, WA 98926
RE: WSDOT Weed Assessments
Dear Treasurer Cziske,
Kittitas County Weed District #4 requests that you remove uncollected WSDOT weed
assessments from the tax rolls on parcels 548933,558933, 568933, 668933,678933,688933,
8287 33, 83 8 73 3, and 8487 33 for years 201 6, 20 17, 20 1 8, 20 19, and 2020, to be collected in
y ear s 20 I 7, 20 | 8, 20 L 9, 2020, and 202 l, re spectively.
Thank you.
Sincerely,
Kittitas County Weed District #4 Directors
Karen
Well Bartsma
Doug Gibb
2020
201 9
2018
2017
2021
2018
2020
201 9
2017
2021
2020
2019
2018
2017
2021
2020
2019
2018
2017
202'l
2020
2019
2018
2017
2021
2020
2019
2018
2017
2021
2020
2019
2018
20't7
2021
2020
2019
2018
2017
838733
838733
838733
838733
828733
828733
828733
828733
828733
688933
688933
688933
688933
688933
678933
678933
578933
678933
678933
568933
668933
668933
568933
668933
s68933
568933
568933
568933
568933
558933
558933
s58933
558933
558933
548933
548933
548933
548933
548933
Real Property
Real Property
Real Property
Real Property
Real Property
Real Propefi
Real Propefi
Real Property
Real Property
Real Property
Real Property
Real Propefi
Real Property
Real Property
Real Property
Real Property
Real Property
Real Property
Real Property
Real Proper$
Real Property
Real Property
Real Propefi
Real Property
Real Property
Real Property
Real Property
Real Property
Real Property
Real Propefi
Real Property
Real Property
Real Property
Real Property
Real Property
Real Propefi
Real Property
Real Property
Real Property
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
WEED DIST #4
coR sD401 F02 H01 ($rr.OO
coR sD4ol F02 F02Bl$10.s0
coR sD401 F02 HOI d$tO.SO
coR sD4ol Fo2 Ho1 ($8.50
coR sD401 F2B Hl Cl$11.00
coR sD401 FO2 HOI ($tr.OO
coR sD401 F02 F02Bl$10.50
coRsD4ol FO2 H01 ($tO.SO
coR sD401 F02 H01 ($S.so
coR sD401 F2B Hl Cl$11.00
coR sD4o1 FO2 H01 d$rr.OO
coR sD401 FO2 FO24$10.50
coR sD401 F02 H01 ($rO.SO
coR sD401 F02 H01 ($8.50
coR sD401 F2B Hl Cl$rr.OO
coR sD401 F02 H01 ($rr.oo
coR sD401 F02 F02Bl$10.50
coR sD401 FO2 HOI ($rO.SO
coR sD401 FO2 HOI ($8.50
coR sD401 F2B H1 Cl$tt.OO
coR sD401 F02 H01 ($rr.OO
coR sD401 F02 F02Bl$10.s0
coR sD4ol Fo2 H01 ($ro.so
coRsD4ol F02 H01 d$8.50
coR sD401 F2B H1 Cl$11.00
coR sD4o1 F02 H01 ($rr.oo
coR sD401 F02 F02Bl$10.50
coR sD4o1 F02 H01 ($rO.SO
coR sD401 F02 HO1 ($8.50
coR sD4ol F2B Hl Cl$11.00
coR sD4ol F02 H01 ($rr.oo
coR sD401 F02 F02Bl$10.50
coR sD401 F02 H01 ($rO.SO
coR sD401 F02 H01 ($8.s0
coR sD401 F2B H1 Cl$r r .OO
coR sD401 F02 H01 ($rr.oo
coR sD4ol F02 F02Bl$10.50
coRsD401 F02 H01 ($rO.SO
coR sD401 F02 H01 ($8.50
ACRES 7.91, SEC.1
ACRES 7.91, SEC. 1
ACRES 7.91, SEC. 1
ACRES 7.91, SEC.1
ACRES 12.62, SEC.
ACRES 12.62, SEC.
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ACRES 12.62, SEC
ACRES.80, SEC.24
ACRES.80, SEC.24
ACRES .80, SEC. 24
ACRES .80, SEC. 24
ACRES .80, SEC. 24
ACRES 7.31, CD.#8:
ACRES 7.31, CD.#8:
ACRES 7.31, CD.#8:
ACRES 7.31, CD.#8:
ACRES 7.31, CD.#8:
ACRES 9.19, SEC. 2
ACRES 9.,t9, SEC. 2
ACRES 9.19, SEC. 2
ACRES 9.19, SEC. 2
ACRES 9.19, SEC.2
ACRES 7.22, SEC.2
ACRES 7.22,sEC.2
ACRES 7.22,9EC.2
ACRES 7.22,sEC.2
ACRES 7.22,sEC.2
ACRES 2.00, SEC.2
ACRES 2.00, SEC.2
ACRES 2.00, SEC. 2
ACRES 2.00, SEC. 2
ACRES 2.00, SEG. 2
ACRES 61.74, CD. 8
ACRES 61.74, CD.8
ACRES 61.74, CD.8
ACRES 61.74, CD. 8
ACRES 61.74, CD. 8
STATE OF WASH (DOT)
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17-18-13040-0012
1 7-1 8-1 3040-001 2
I 7-1 8-1 3040-001 2
1 7-1 8-1 3040-001 2
1 7-1 8-1 3040-001 1
17-18-13040-001 1
1 7-1 8-1 3040-001 1
1 7-1 8-1 3040-001 1
17-'18-13040-0011
17-18-24010-0011
17,18-240',tO-OO',t1
17-18-24010-0011
17-18-24010-001'l
17-1 8-2401 0-001 'l
1 7-1 8-2401 0-001 0
1 7-1 8-2401 0-001 0
17-18-24010-0010
17-'t8-24010-O0',tO
1 7-1 8-2401 0-001 0
1 7-1 8-2401 0-0008
1 7-1 8-2401 0-0008
17-'t 8-24010-0008
1 7-1 8-2401 0-0008
1 7-1 8-2401 0-0008
I 7-1 8-2401 0-0003
1 7-1 8-2401 0-0003
I 7-1 8-2401 0-0003
1 7-1 8-2401 0-0003
1 7-l 8-2401 0-0003
17-18-24010-OOO2
't7-18-24010-0002
17-18-24010-0002
17-18-240'|O-OO02
17-18-24010-0002
1 7-1 8-2401 0-0001
17-18-24010-0001
1 7-1 8-2401 0-0001
1 7-1 8-2401 0-0001
1 7-1 8-2401 0-0001
Year Parcel Nun Post Type District Desc Balance Legal Owner Last Name Map Number
Kittitas County Weed District #5
909 Seattle Ave, Ellensburg, WA98926
Board of Directors: Jim Hanson, Steve Plesha and Robert Cemick
April17,2023
Kittitas County Treasurer
Any Cziske
205 W 5th Ave, Suite 102
Ellensburg, WA 98926
RE: WSDOT Weed Assessments
Dear Treasurer Cziske,
Kittitas County Weed District #5 requests that you remove uncollected WSDOT weed
assessments from the tax rolls on parcel 071634 for years 2016,2017 ,2018,2019, and 2020, to
be collected in years 2017,2018,2019,2020, and202l, respectively.
Thank you.
Sincerely,
Kittitas County Weed District #5 Directors
Robert
Plesha
2021 lozres+
2o2o lozrse+
2019 1071634
2o1B lozres+
2017 lozrsa+
Real Property
Real Propefi
Real Propefi
Real Property
Real Property
WEED DIST #5
WEED DIST #5
WEED DIST#5
WEED DIST#5
WEED DIST #5
coR sD28 F3 H2 CO
coR sD28 F03 H02 C
coR sD28 F03 H02 C
coR sD28 F03 H02 C
GOR SD28 FO3 HO2 C
$17.50
$17.50
$17.50
$17.50
$13.50
ACRES 1.07, TAX IT|STATE OF WASH (DOT)
ACRES 1.07, TAX lTISTATE OF WASH (DOT)
ACRES 1.07, TAX IT|STATE OF WASH (DOT)
ACRES 1.07, TAX ITISTATE OF WASH (DOT)
ACRES 1.07, TAX IT|STATE OF WASH (DOT)
20-1 3-l 2030-0009
20-1 3-l 2030-0009
20-1 3-1 2030-0009
20-l 3-1 2030-0009
20-1 3-1 2030-0009
Year Parcel Nun Post Type District Desc Balance Legal Owner Last Name Map Number
Bob Ferguson
ATTORNEY GENERAL OF WASHINGTON
Transportation & Public Construction Division
P.O. Box 40113 o Olympia, WA 98504-0111 o (360) 753-6126
April6,2023
Kittitas Counfy Treasurer
Attn: Amy Cziske, Treasurer
205 West Fifth Avenue
Suite #102
Ellensburg, WA 98926
RE: 2023 Kittitas County Property Tax Statements
Dear Treasurer Cziske:
I am writing in regard to the 2023 KiLritas County Property Tax Statements issued by your office
to the Washington State Department of Transportation (WSDOT) for the year of 2023,
requesting payment of Weed, Conservation, and Fire assessments for 2023, as well as weed
assessments for the years of 2017-2021. WSDOT paid the 2023 assessments on or around April
4,2023, consistent with its statutory duties and its commitment to working with its local
government partners. However, as noted in my previous letter to your office dated January 27,
2021-as well as WSDOT's letters to your offrce dated May 7,2020, December 9,2020, and
April 9, 2021-the weed assessments for the years 2017-2021were not authorized by statute at
the time they were assessed. Because these assessments lack legal authority, WSDOT cannot pay
them.
In the years 2017-21, your office levied the above referenced weed assessments under the
authority of Kittitas County Resolution 95-133, relying on former RCW 17.10.240 (1991).
Subsequently, in Kittrtas County v. WSDOT,13 Wn. App. 2d 79,461 P.3d 1218 (2020),the
Court of Appeals unanimously held in a published decision that the County could not levy weed
assessments against WSDOT, as these special assessments require express statutory authority,
which was absent from RCW 17.04 or RCW 17.10 as they existed at the time.
In202l, the Legislature amended RCW 17.04 and 17.10 to authorize counties, for the first time,
to levy weed assessments on WSDOT and similar state agencies. See Substitute House Bill
(SHB) 1355 (2021). However, that bill did not purport to authorize weed assessments that
preexisted its effective date-as the weed assessments for the years2017-21 do. Furthermore,
while the Court of Appeals' decision in Kittitas County v. WSDOT acknowledged the possibility
that state agencies could be required to pay a"tax" under former RCW 17.04.I80 (1991), the
Court also recognizedthat the weed assessments levied by the County (and that the County
continues to attempt to collect from WSDOT) were not ootaxes," but per-acre special assessments
that lacked statutory authority and were invalid. See Kittitas County,13 Wn. App. 2d at 95
(holding that RCW 17.04.180 "supports [the] conclusion" that weed assessments are special
ATTORNEY GENERAL OF WASHINGTON
Amy Cziske
April6,2023
Page2
assessments),97 (holding that the County lacked express authority authorizing special
assessments against WSDOT.) The County did not appeal this holding, and the Legislature did
not overturn it as to assessments from before the effective date of SHB 1355.
Again, while WSDOT is committed to carrying out its statutory duties under SHB 1355, these
duties do not include paying weed assessments that predated that bill and that have been
invalidated by the courts. WSDOT cannot pay the weed assessments for the years of 2017
through 2021, and we respectfully request that you remove them from the assessment rolls.
Thank you and let me know if you have any questions.
Sincerely,
/s/ Albert H. Wang
ALBERT H. WANG
Assistant Attorney General
(360) s86-34s7
AHw/NC
cc: Yvette L. Lujan, Property Management & Acquisition Supervisor, WSDOT Real Estate
Services
Greg Zempel, Prosecuting Attomey, Kittitas County
Todd Davis, Kittitas County Noxious Weed Control Coordinator