HomeMy WebLinkAbout042114_ra02Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health R Water Quallly Director
DATE:
SUBJECT: Clean Water District Ordinance Amendment
Jefferson County public Health is requesting an amendment to the Clean Water District Ordinance.
ANALYSIS:
Jefferson County Public Health (JCPH) has found a number of water quality impairments that have the
ability to severely affect public health and shellfish. Jefferson County Clean Water District Advisory Council
(CWDAC) has found that JCPH has anal Own Water District hands to pursue a number of cast - effective
projects that have restored and protMed shellfish growing areas and clean water throughout Jefferson
County. In December 2012, the Jefferson County Clean Water District Advisory Council (CWDAC)
developed its recommendabons for Clean Water District ANVities and stable handing. These
recommendations were presented to the ll In January of 2013.
Indicators of human fecal sources were found in IS out of 19 Chimacum sampling sites.
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Indicators of human fecal sources were found in IS out of 19 Chimacum sampling sites.
Regular Agenda
Chimacum
Creek
-_-
2011 -12
_
24 out of 28
sites failed
WA water quality =
standards
—
The latest monitoring results from the Chimacum Creek basin show high levels of bacteria.
Impaired
Water Bodies
EPA 2012
59 sites, up, from 44,ir5-�,
• Bacteria -��
Temperature
EPA's Clean Water Art fists 59 waterbodies in eastern Jefferson County as impaired by pollutants.
Regular Agenda
Public hearing was held on this ordinance revision on April r 2014, at 10:00am. The public comment
period was extended to Monday, April 14'" 2014 enrol 4:30pm. Jefferson County Public Health is now
requesting approval to the amendment m the Clean Water District Ordinance to address the C aC
recommendations, establish a stable funding source with which to address the adverse water quality
conditions and restore cut funding.
RECOMMENDATION:
]CPH management's recommends approval of an amendment to the Clean Water District Ordinance.
REVI ED BY:
Y1�61,Y
hROKorll AdminisD r Date
An Ordinance amending the } ORDINANCE NO.
Jefferson County Clean Water District, }
Jefferson County Code Ch. R65 }
WHEREAS, the Findings of Fact listed below leads to the conclusion that the amending
of Chapter 8.65 of the Jefferson County Cade, entitled "Clean Water District," in order to
establish a stable funding source for said District is not only authorized by sate law but would
promote the general health, safety and welfare of the cit zrov s of Jefferson County, and
WHEREAS, Jefferson County Public Healthconsulted with staff from the City of Port
Townsend to discuss the proposal to extend the applicability of Chapter 8.65 JCC to those
parcels and promises located within the City not served by a sanitary sewer (as that term is
defined and regulated in Ch. 36.89 SEW and Ch. 3694 RCW) and City and County staff agreed
such an extension was both lawful and In funbeance of the public policy behind Ch. 9072
RC W,
NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF JEFFERSON
COUNTY COMMISSIONERS as follows:
Section 01 Findings of Fact amended
Section 8.65.020(28) of the Jefferson County Code DCC) is hereby revised to read as follows:
(28) Certrun regions of Jefferson County, specifically the city of Port Townsend and
the masts plagued resort at Pon Ludlow, have in place stormwater management
facilities and /or sanitary sewers that serve to control, properly dispose of and mitigate
nonpoint sources of water pollution. Clean Water District programs shall not be
duplicative of the programs and services provided in meal where fees, rates or charges
sm imposed under Chapters 36_89 and 36_94 FEW,
Section 02 Findings of Fact sunolemented
Section 8.65.020 is amended to reflect the addition of the following text:
(29) The Jefferson County Board of Commissioners also serve on and appoint the
Jefferson County Board of Health 'Ihe Jefferson County Board of Health is responsible
for all matters pertaining to the life and health of the people of Jefferson County (as
required by 1CC 8.00.010). The Board of Health is well qualified to runabouts the
activities of the Clean Water District under this Chapter with other programs and
activities which fall under the duties and responsibilities of the Board of Health.
Section (B Revision to JCC Section 8 65.050 "ASSiemvent of a lead devartmenf'
Section 8 65b5 is amended in its entirety to read as follows
8.65.050 Assignment of lead department.
The Jefferson County Board of Commissioners hereby directs Jefferson Country Public
Health to serve as the county de sartnent responsible for administering the Clem Water
District (in coordination with the Washington Sate Department of Health, the
Washington Sate Department of Ecology, the Puget Sound Partnership, the Jefferson
County conservation district, and other appropriate entities).
Section W Revision of lire title Of JCC Section 8 .65.070
JCC Section 8.65.070 shall hereinafter be entitled "Advistry Comsil."
Section 05' Revision to wtim080 entitled "Pmasm evaluation"
JCC Section 8.65.080 is amended to read in is entirety as follows
The Clem Water District shall be evaluated for effectiveness by the advisory council or
Board of Health on an annual basis.
Secam06' Addition ofa new section entitled "Oversieht"
Anew section is hereby added to Chapter 8.65 ofthe Jefferson County Code, said section to read
in Its entirety as follows:
The Jefferson County Bored of nnmissionrrs hereby directs the Jefferson Cowry
Board of Health to coordinate the activities of The Clem Water District under this
Chapter with other programs and activities which all ender the duties and
responsibilities of the Board of Health in JCC 08.00.010.
Section 07 Annual fee section repealed and replaced-
Section 8.65.090 of the Jefferson County Code (or "1CC') is hereby repealed and replaced so
that it shall mad in its entirety as follows:
There is hereby established for the Clem Water District a financing mechanism,
specifically a fee of Twenty Dollars ($20.00) per year per one parcel, except for parcels
or Inds described in in JCC gm5.100.
This fee shall be adjusted annually accoMingly on the first business day ofJnuary
(Adjusted Date) by the amount of the increase in the Consumer Price Index (CPIWL
The CPIW is the Common Price Index —US City Average for All Urban Wage Bamers
and Clerical Workers, published by the Bureau of Labor Statistics of the United States
Deparnnentoflabor.
flux fee adjustment shall be calculated as follows: it shall be increased by the
percentage increase in the CPIW as reported for the month of September preceding the
Adjustment Date. A fee shall not be reduced by reason of such calculation. However,
fee increases in accordance with this calculation shall not exceed 5 percent per year
Section 08 Text is added to the Public Health Fee Schedule:
The following tent is added w the Fee Schedule for Public Health food in the Appendix to the
Jefferson County Code:
Beginning with the year 2015, them is hereby established for the Clean Water District a
fee of Twenty Dollars ($20.00) per year par tax parcel, except for parcels or lands
described in JCC 8.65.100.
The Cleo Water District foe shall be adjusted annually accordingly on the first business
day of January (Adjusted Date) by the amount of the increase in the Consumer Price
Index (CPIW). The CPIW is the Consumer Price Index —US City Average for All
Urban Wage Farmers and Clerical Workers, published by the Bureau of Labor Statistics
of the United States Department of Labor.
This fee adjustment shall be calculated as follows: it shall be uncrossed by the
percentage increase in the CPIW as reported for the month of September preceding the
Adjustment Date. A fee shall not be reduced by reason of such calculation. However,
fee increases in accordance with this calculation shall of exceed 5 percent per year.
Section 09' Certain I train fee section rewriten
Section 8.6S. 100 of the Jefferson County Code (or "JCC') is hereby repealed and replaced so
that it shall read in its entirety as follows:
Parcels within the boundaries ofthe City of Port Townsend and the Pan Ludlow Master
Planned Resort connected to asameary sewer service will of be subject o ibis fee.
Lands classified as forest land under Chapter 84_33 RCW and timber land under
Chapter 64_34 RCW shall not be subject to said foe (as required by Chapter 90.72
RCW). Additionally, my parcel that is owned by, and is the personal residence of, a
person or persons approved by the county assessor for a senior citizen or disabled
persons property tax exemption trader RCW 84.36.381 bas currently canceled or
hereafter amended) is hereby exempted from this fee.
Section 10' Sevemb'lity
If my provision of Ibis urdinaoe, or its application to any person or circumstances, is held
invalid, the remainder of this ordinance, or the application of the provisions to other persons or
clrcumminces, shall not be affected.
Section 11: Effective Date:
This amendment to JCC 8.65 sball rake effect seven (7) days after adoption.
ADOPTED this day of 2014.
Board of Jeff n County Commissioners
SEAL:
John Austin, Chairman
Phil Johnson, Member
ATTEST:
David Sullivan, Member
OO'j w O(, Iz5)pLf
Carolyn Avery, Approved as to Form "'" _�
Deputy Clerk of the Board David Alvarez, Chief Civil DPA