Weeding out unfair practices By Craig Howard
Splash Contributor
The Washington State Noxious Weed Control Board defines a noxious weed as "any invasive, non-native plant that threatens agricultural crops, local ecosystems or fish and wildlife habitat."
When it comes to Spokane County's long-ingrained system of facilitating noxious weed control, Liberty Lake Mayor Steve Peterson has his own definition - "unfair and inefficient."
Peterson was part of a civil lawsuit filed last May in Spokane County Superior Court that called into question the county's methods of collecting property tax revenue to fund noxious weed enforcement. The litigation eventually earned class-action status on behalf of some 50,000 property owners in Liberty Lake and the city of Spokane Valley.
At issue was what Peterson saw as inequity between the fees paid by Liberty Lake and Spokane Valley residents compared to those paid by cities like Spokane, Cheney, Deer Park and Airway Heights. The Spokane County Noxious Weed Control Board has long been funded by a per-acre assessment on unincorporated county property along with established amounts paid each year by area cities.
After the incorporation of Liberty Lake in 2001 and Spokane Valley in 2003, the county continued to collect the minimum parcel assessment of $3 per year from property owners instead of negotiating with the new jurisdictions on an annual fee like those paid by long-standing cities. The approach resulted in a windfall for the county - a yearly average of $9,000 from Liberty Lake and $95,000 from Spokane Valley.
In the meantime, Spokane - with a population of over 200,000 - was paying a lump sum of $6,000 a year while Cheney, Airway Heights and Deer Park paid around $600 annually. In all four cases, the city covered the cost; individual property owners were not taxed.
In December 2013, Peterson happened to see newspaper notice of a public hearing being held to address revisions to the county code on noxious weed enforcement. The proposal would have installed a $2 minimum charge for all property owners within every city in Spokane County, including Liberty Lake. If approved, the change would have brought the board's annual budget to $485,000, an increase of 16 percent.
"We were puzzled because we had not been made aware of the proposed changes," said Liberty Lake City Administrator Katy Allen.
In a Dec. 17, 2013, letter addressed to Spokane County commissioners, Liberty Lake City Attorney Sean Boutz referenced the hearing, indicating that "the city was disappointed, to say the least, that the Spokane County Noxious Weed Control Board (SCNWCB) would not have informed the city beyond a public hearing notice …" Boutz went on to state that "any noxious weeds within the city of Liberty Lake have been addressed and maintained by the city since its incorporation since 2001, and the city will continue to handle any noxious weed issues in the future."
Since becoming a city in 2001, Liberty Lake has independently addressed the control of weeds and noxious weeds, installing an ordinance and code enforcement policies. The city has also brought on licensed pesticide sprayers and even added a herd of goats that roam various sections of the city, clearing invasive foliage.
Peterson recalls the county's feedback to the letter and the inequity of fee collection as being less than responsive.
"We were told basically to ignore this unfairness as the budget was set," Peterson said. "Over 2014, I delved into the Noxious Weed Board and attended several meetings in regard to their budget and services to our community and all of the other cities in the county. The result of that work brought me to file a class-action suit to reclaim our taxpayer money that should not have been taken from our city in the incorporated years."
The lawsuit included Peterson, his wife, Charmaine, Stanley Jochim and Cheryl Hull as plaintiffs. All own property in Liberty Lake and Spokane Valley. The group was represented by attorney Paul J. Burns.
"In this instance, the law was on our side and that the only appropriate recourse to change was through the court," Peterson said.
Peterson and Allen provided updates to City Council throughout much of 2014 as they attended SCNWB meetings that would determine a 2015 budget and establish a new assessment for noxious weed eradication. Representatives from Spokane Valley also attended the meetings.
"Our goal was to return money to our taxpayers and fix inconsistency in funding of the Noxious Weed Board so all are treated the same," Peterson said. "I was also hoping to decentralize board services and get them under every individual city. We can be more efficient and effective because of our concentrated resources of people and equipment in city boundaries. We are elected by the people to challenge the system to make it more efficient."
The 2015 SCNWB budget included a transition of a $1.80 annual assessment for every property owner in Spokane County. The board also received instructions from the county commissioners during budget talks last December to work with cities on creating a negotiated agreement for notification and eradication of weeds to improve outcomes. Peterson said Liberty Lake staff is currently working with the director of the board to address those issues.
Liberty Lake Mayor Pro Tem Cris Kaminskas said the noxious weed snafu was the latest example of Spokane County overcharging the city of Liberty Lake and its residents.
"They continue to not include us in these discussions," Kaminskas said. "We need to hold them accountable and represent the best interests of our taxpayers."
On Jan. 8, the class action suit was settled in favor of Peterson and his fellow landowners. Spokane County, in turn, hired outside counsel to negotiate the settlement. In mid-June, post cards were mailed to property owners in Liberty Lake and Spokane Valley informing them they were eligible for a reimbursement. The average restitution is $4.98 per parcel.
"It's not much money, but it is a reflection of the principle and stewardship of resources that defines good government," Peterson said. "In the 2015 Noxious Weed Board budget, the playing field was leveled for all communities to be treated exactly the same."
Allen said she is encouraged that the SCNWB will move forward with fairness for all cities.
"We are hopeful that the noxious weed enforcement program will seek best practices and ensure that taxpayer funds are spent on improved outcomes and reduced administrative costs," she said.
At the June City Council meeting, Peterson urged residents to mail back the cards.
"The county is banking on people not returning them," he said. "This is to ensure that the funds are returned to those who paid them."
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