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Home My WebLink About32-0615-26R Resolution Reactivating Chimacum Drainage District STATE OF WASHINGTON County of Jefferson In the Matter of Reactivation of Drainage District No. 1, also known as Chimacum RESOLUTION NO. 3q-0615-26R Drainage District, Pursuant to RCW 85.38.220 WHEREAS, Jefferson County is a political subdivision of the state of Washington as provided by title 36 RCW and the Washington State Constitution Article II; and WHEREAS, Drainage District No. 1, also known as the Chimacum Drainage District (DD No. 1) is located in unincorporated Jefferson County; and WHEREAS, DD No. 1 was formed on June 1919 and remained active and collecting assessments until 1974; and WHEREAS, the Board of County Commissioners received notice from the Jefferson County Auditor in May 2023, indicating DD No. 1 had no record of activity for the proceeding consecutive five-years and met the inactive criteria pursuant to RCW 36.96.010. WHEREAS, the Board of County Commissioners held a hearing and entered Resolution No. 35-23 on September 1, 2023 deeming DD No. 1 inactive; and WHEREAS,the Board of County Commissioners again received notice from the Jefferson County Auditor in May 2024, indicating DD No. 1 had no record of activity for the proceeding consecutive five-years and met the inactive criteria pursuant to RCW 36.96.010. WHEREAS, the Board of County Commissioners held a hearing on August 29, 2024 and reaffirmed the Resolution No. 35-23 keeping DD No. 1 inactive; and WHEREAS,the Board of County Commissioners again received notice from the Jefferson County Auditor in May 2025, indicating DD No. 1 had no record of activity for the proceeding consecutive five-years and met the inactive criteria pursuant to RCW 36.96.010. WHEREAS, during the past several years, in coordination with the Jefferson County Conversation District and WSU Extension, Jefferson County has conducted community engagement through meetings, public focus groups, open houses, and a survey sent to all landowners in the District's geography assessing the need for drainage maintenance and improvement in the District, and gaging the level of interest in reactivating the District; and WHEREAS, the Board of County Commissioners held a workshop on June 23, 2025 reporting positive outcomes from the community engagement conducted during the past several years, and strong interest in reactivation of DD No. 1; and WHEREAS, following issuance of a hearing notice published on June 25, 2025 and July 2, 2025, the Board of County Commissioners held a public hearing on July 14, 2025 to discuss reactivation of DD No. 1; and 1 of 3 WHEREAS, the Board of County Commissioners decided that at public hearing on July 14, 2025 that DD No. 1 should be reactivated to manage ongoing flooding and drainage issues, which are particularly due to reed canary grass obstructing Chimacum Creek and the benefit zone models for fair taxation based on elevation, estimated maintenance costs, and the Conservation District's willingness to support short-term efforts under existing permits; and WHEREAS, following the receipt of public comment, the Board of County Commissioners passed a motion to reactivate DD No. 1 finding such action to be in the public interest pursuant to RCW 85.38.220; and NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners hereby adopts the above"Whereas"clauses as Findings of Fact. Section 2. Purpose. The purpose of this resolution is to reactivate the special purpose district Drainage District 1, also known as Chimacum Drainage District,authorizing the operations of the district as if it were a newly created special purpose district. Section 3. Reactivation of Special Purpose District is in the Public Interest and Should be Reactivated. Based on the public comment and testimony at the July 14, 2025 hearing and the efforts of the community to volunteer to be members of the board of DD No. 1,reactivate DD No. 1 is in the public interest as required by RCW 85.38.220. Accordingly, Drainage District 1, also known as Chimacum Drainage District, is hereby reactivated. Section 4. Repeal and Replacement of Resolution No. 35-23. Resolution No. 35-23 adopted on September 1, 2023 deeming DD 1 inactive, is hereby repealed and replaced by this Resolution. Section 5. Severability. If any section, subsection, sentence, clause, phrase or section of this Resolution or its application to any person or circumstance is held invalid, the remainder of this Resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 6. SEPA Categorical Exemption. This Resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 7. Effective Date. The reactivation shall take effect and be in full force immediately upon passage of this Resolution by the Board of County Commissioners. The Board already appointed by the Board of County Commissioners shall take its place operating DD No. 1, starting immediately upon the effective date. (SIGNATURES FOLLOW ON THE NEXT PAGE) • 2 of 3 ADOPTED and APPROVED this /5` ay of '))/(Yt.Q_ , 2025. SEAL: JEFFERS N COUNTY BOARD OF -0 ERS r r therton, Chair F O ' . Q Mtiss�pti., A 11 Hei • enhour, Member vit srAT, "A' H dley-Nollette, Member ATTEST: APPROVED AS TO FORM: (a/e 64,572- Caroly allaway, CMC �ate Philip C. Hunsucker, Date Clerk f e Board Chief Civil Deputy Prosecuting Attorney 3 of 3 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Heidi Eisenhour, Commissioner DATE: June 15,2026 SUBJECT: MOTION APPROVING RESOLUTION re: In the matter of reactivation of Drainage District No. 1, also known as Chimacum Drainage District, pursuant to RCW 85.38.220: The Board of County Commissioners move to approve the resolution in the Agenda Packet which reactivates Chimacum Drainage District No. 1 because reactivating the drainage district is in the public interest. STATEMENT OF ISSUE: Per guidance from our Chief Civil Deputy Prosecuting Attorney,the BoCC is authorized to adopt a resolution reactivating DD1 without a new public hearing, since a public hearing was held on July 14, 2025, and neither RCW 85.39.220 nor JCC 2.55.040(2)require that the resolution be adopted at a hearing. The BoCC must determine by majority vote that reactivating DD1 is in the public interest. Melissa Pleimann provided a draft resolution on August 20, 2025, which has been updated for our consideration and adoption today. ANALYSIS: Regarding reactivation of DD1, RCW 85.39.220 states: After holding a public hearing on the proposed reactivation of a special district that has had its operations suspended,the legislative authority or authorities of the county or counties in which the special district is located may reactivate the special district by adopting a resolution finding such action to be in the public interest.Notice of the public hearing shall be posted and published as provided for the public hearing on a proposed suspension of a special district's operations. The governing body of a reactivated special district shall be appointed as in a newly created special district. (Emphasis added.) RCW 85.39.220 requires both a hearing and a resolution to reactivate a special district, such as DDI. But the adoption of the resolution can come after the public hearing. And, RCW 85.39.220 does not require that the resolution be adopted at a hearing. The statute separates the hearing requirement from the resolution requirement by a comma. If the legislature wanted to require the resolution be adopted at the hearing, it could have said so. Accordingly, the BoCC may adopt the resolution by motion, as a hearing on resolutions in Jefferson County is not required if a statute does not require a hearing for the resolution. See JCC 2.55.040(2) ("Resolutions may be adopted without a public hearing, unless a state or local law requires a hearing.") FISCAL IMPACT: None. RECOMMENDATION: Staff recommends that the Commissioner approve a MOTION APPROVING RESOLUTION re: In the matter of reactivation of Drainage District No. 1, also known as Chimacum Drainage District, pursuant to RCW 85.38.220: The Board of County Commissioners move to approve the resolution in the Agenda Packet which reactivates Chimacum Drainage District No. 1 because reactivating the drainage district is in the public interest. REVIEWED BY: Jos eters, County Administrator Date