HomeMy WebLinkAbout042814_ra02Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health & Water Qualq Director
DATE: April 28, 2014
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 adversely affect public heats and shellfsh. Jefferson County Clean Water District Advisory Council
(CWDAC) has found met JCPH has used Clean Water District funds to pursue a number of cost- eBective
projects that have restored and protected shellfish growing areas and clean water throughout Jefferson
County. In December 2012, the Jefferson County Clean Water District Advisory Council (CWDAC)
developed Is recommendations for Clean Water District Activities and stable funding. There
recommendations were presented to the BOCC in January of 2013.
•a a -
Indicators of human fecal sources were found in 18 out of 19 Chimacum sampling sites.
Indicators of human fecal sources were found in 18 out of 19 Chimacum sampling sites.
Regular Agenda
Chimacum
Creek
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2011 -12
24 out of 28
sites failed
WA water quality
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standards
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The latest monitoring results from the Chimacum Creek basin show high levels of bacteria.
EPA's Clan Water Act lists 59 water bodies in eastern Jefferson County as impaired by pollutants.
Regular Agenda
Public hearing was Mid on this ordinance revision on April T" 2014, M 10:00am. The pudic comment
Wind was extended to Monday, April 14n 2014 until 4:30pm. Further discussion took place on Monday,
April 21° 2014. During the discussion on the 21n R was asked whether or not tax exempt panels were
receMng the assessment. It was derided that question needed to be answered before fading action.
Staff has followetl up an the question about tax exempt plrce s and the Clean Water District assessment.
Currently, tax exempt Parcels are not receiving Jefferson Counl existing Clean Water District
assessment. Staff surveyed other Radish Protection Districts s In Washington Stale, and all the districts we
successfully contacted also exdude taxe empt parcels fmm a district assessment Legal staff advises that
this common practice is well within the legislative discretion provided under RCW 90.22.020, which reads In
part, -Me county legislative authority establishing a shellfish protection district may finance the protection
Program through ...(3) reasonable charges or rates specified in Its protection program,.._" The proposed
Jefferson County ordinance revision is W maintain the current assessment structure and expand that
structure into the remaining areas of the Clean Water District not servetl by sanitary sewer.
Jefferson County Public Health is now requesting approval to the amendment to the Clean Water District
Ordinance to address the CWDAC recommendations, establish a stable funding source with which to
address the adverse water qualty conditions and restore cut funding.
RECOMMENDATION:
JCPH managements recommends approval of an amendment to the Clean Water District Ordinance.
Philip MO , ounty Admini for Date
An Ordinance amending the } ORDINANCE NO.
Jefferson County Clean Water District, }
Jefferson County Code Ch. 8.65 }
WHEREAS, the Findings of Fact listed below leads to the conclusion that the amending
of Chapter 8.65 of the Jefferson County Code, entitled "Clean Water District," in order to
establish a stable funding source for said District is not only authorized by state law but would
promote the general health, safety and welfare of the citizens 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 premises located within the City not served by a sanitary sewer (as that term is
defined and regulated in Ch. 36.89 RCW and Ch. 36.94 RCW) and City and County staff agreed
such an extension was both lawful and in furtherance of the public policy behind Ch. 90.72
RCW,
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 (JCC) is hereby revised to read as follows:
(28) Certain regions of Jefferson County, specifically the city of Port Townsend and
the master planned resort at Port 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 areas where fees, rates or charges
are imposed under Chapters 36.89 and 36.94 RCW.
Section 02: Findings of Fact supplemented
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. The 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 JCC 8.00.010). The Board of Health is well qualified to coordinate 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 03: Revision to JCC Section 8.65.050, "Assignment of a lead department'
Section 8.65.050 is amended in its entirety to read as follows:
8.65.050 Assignment of a lead department.
The Jefferson County Board of Commissioners hereby directs Jefferson County Public
Health to serve as the county department responsible for administering the Clean Water
District (in coordination with the Washington State Department of Health, the
Washington State Department of Ecology, the Puget Sound Partnership, the Jefferson
County conservation district, and other appropriate entities).
Section 04: Revision of the title of JCC Section 8.65.070
JCC Section 8.65.070 shall hereinafter be entitled "Advisory Council."
Section 05: Revision to section .080 entitled "Program Evaluation"
JCC Section 8.65.080 is amended to read in its entirety as follows:
The Clean Water District shall be evaluated for effectiveness by the advisory council or
Board of Health on an annual basis.
Section 06: Addition of a new section entitled "Oversight"
A new section is hereby added to Chapter 8.65 of the Jefferson County Code, said section to read
in its entirety as follows:
The Jefferson County Board of Commissioners hereby directs the Jefferson County
Board of Health to coordinate 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 in JCC 08.00.010.
Section 07: Annual fee section repealed and replaced:
Section 8.65.090 of the Jefferson County Code (or "JCC ") is hereby repealed and replaced so
that it shall read in its entirety as follows:
There is hereby established for the Clean Water District a financing mechanism,
specifically a fee of Twenty Dollars ($20.00) per year per tax parcel, except for parcels
or lands described in in JCC 8.65.100.
This fee 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 Earners
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 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 text is added to the Fee Schedule for Public Health found in the Appendix to the
Jefferson County Code:
Beginning with the year 2015, there is hereby established for the Clean Water District a
fee of Twenty Dollars ($20.00) per year per tax parcel, except for parcels or lands
described in JCC 8.65.100.
The Clean Water District fee 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 Earners 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 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 09: Certain parcels exempt from fee section rewritten:
Section 8.65.100 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 of the City of Port Townsend and the Port Ludlow Master
Planned Resort connected to a sanitary sewer service will not be subject to this fee.
Lands classified as forest land under Chapter 84.33 RCW and timber land under
Chapter 84.34 RCW shall not be subject to said fee (as required by Chapter 90.72
RCW). Additionally, any 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 under RCW 84.36.3 81 (as currently enacted or
hereafter amended) is hereby exempted from this fee.
Section 10: Severability
If any provision of this ordinance, 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
circumstances, shall not be affected.
Section 11: Effective Date:
This amendment to JCC 8.65 shall take effect seven (7) days after adoption.
ADOPTED this day of 2014.
SEAL:
ATTEST:
Carolyn Avery,
Deputy Clerk of the Board
Board of Jefferson County Commissioners
John Austin, Chairman
Phil Johnson, Member
David Sullivan, Member
Approved as to Form
David Alvarez, Chief Civil DPA