HomeMy WebLinkAbout110314_cabs01615 SFienBc{san Agree
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
is Health JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health & Water Quality Director
DATE: /V,- � , —t) x.01
V
SUBJECT: Clean Water District Ordinance Amendment
STATEMENT OF ISSUE:
Jefferson County Public Health is requesting amendments 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 health and shellfish. Jefferson County Clean Water District Advisory Council
(CWDAC) has found that JCPH has used Clean Water District (CWD) funds to pursue a number of cost -
effective projects that have restored and protected shellfish growing areas and clean water throughout
Jefferson County.
In April 2014, the Jefferson County Board of County Commissioners (BoCC) adopted an amendment to the
Clean Water District Ordinance to expand the area where the fee is applied to include all parcels within the
CWD boundaries. This amendment utilized the same exemptions that existed in the original ordinance with
the addition of exempting parcels not served by sanitary sewer.
Jefferson County Public Health is now requesting an amendment to the Clean Water District Ordinance to
address the public's request for further clarification on parcels that are exempt from the CWD fee.
Additionally, JCPH is requesting an amendment to the Clean Water District Ordinance to establish a $5.00
fee for timeshare properties.
RECOMMENDATION:
JCPH management's requests approval of these amendments to the Clean Water District Ordinance. BoCC
is asked to conduct a public hearing on November 24th, 2014 at 10:00 A.M. JCPH management also
requests approval of the proposed ordinance subsequent to the public hearing.
REVI ED
rley, ounty AdmirustKat r Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360- 385 -9400 360 -385 -9444
360 -385 -9401 (f) Always working for a safer and healthier community (f) 360 - 379 -4487
Publish One (1) Time:
Bill: Jefferson County Commissioners Office
P.O. Box 1220
Poet Townsend, WA 98368
Account: 15829 Non-Departmental
NOTICE IS HEREBY GIVEN that a public hearing regarding a proposed Ordinance amending
Jefferson County Code (JCC) Chapter 8.65 entitled Clean Water District to clarify the Clean
Water District Fee is scheduled by the Jefferson County Board of Commissioners for
- -) 2014 during the regular weekly public meeting of the Jefferson County
Board of Commissioners, County Courthouse, 1820 Jefferson Street, Port Townsend, WA
98368.
This Ordinance, if adopted, would clarify which parcels are exempt from paying the Clean
Water District fee. In addition the amendment would, if adopted, establish a $5 Clean Water
District fee for those parcels deemed "Time Shares", by the Jefferson County Assessor.
Section One: Adopts revised text for Jefferson County Code ("JCC") Section 8.65.090
Section Two: Adopts revised text for JCC Section 8.65.100
Section Three: Severability
Section Four: Effective Date
A complete copy of the proposed Ordinance will be provided to the requester upon request to the
County Commission at P.O. Box 1220, Port Townsend, WA 98368, 360-385-9100; or an e-mail
request to jLtjjLqec,rL)co - cf Lerson - wa-us
Approved this __ day of __, 2014
JEFFERSON COUNTY BOARD OF COMMISSIONERS
John Austin, Chairman
An Ordinance amending Ordinance #
Jefferson County Clean Water District
Jefferson County Code Ch.&65
WHEREAS, Chapter 8.65 of the Jefferson County Code, entitled "Clean Water District," a
District created pursuant to Ch. 90.72 RCW, was revised in April 2014 through the adoption of
Jefferson County Ordinance #0�3-0428-14, said Ordinance serving, in part, to establish a new
basic fee of $20 per parcel for most parcels; and
WHEREAS, Ordinance #03-0428-14 served to memorialize that certain categories of parcels are
exempt from any Clean Water District fee pursuant to state law but failed to include other
categories of parcels that are either statutorily or optionally exempt from any Clean Water
District fee; and
WHEREAS, this Ordinance serves to further explain which categories of parcels are exempt
from payment of the Clean Water District fee,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF JEFFERSON COUNTY
COMMISSIONERS as follows:
Section I., Revised text for JCC Section 1,11,110
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,rwenty Dollars ($20.00) per year per MIN for all real property,
except for property classified as a Timeshare by the Jefferson County Assessor and
except for parcels or lands described in JCC 8.65. 100 as exempt from any obligation to
pay the lbe. For property classified as a Timeshare by the Jefferson County Assessor a fee
of Dollars ($5,00) per year per Assessor's Parcel Number (APN) is hereby
established.
These fees shall be adjusted annually accordingly on the first business day of January
(Adjusted Date) by the amount of the percentage increase in the Consumer Price Index
(CPIW) over the most recent twelve (12) month period as reported in the CPIW report
from the September prior to the annual Adjustment Date. A fee shall not be reduced by
reason of such calculation. However, fee increases in accordance with this calculation
shall not exceed five (5) percent per year.
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.
Section 2: Revised text for JCC Section 8.65. 100
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:
Exempt parcels (as defined in Chapter 84.36 RCW) shall not be subject to said fee.
Parcels within the boundaries of the City of Port Townsend and the Port Ludlow Master
Planned Resort connected to a sanitary sewer service shall not be subject to said fee.
Facilities permitted and assessed fees for wastewater discharge under the national
pollutant discharge elimination system shall not be subject to said 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. Parcels determined by the county assessor to qualify for a
senior citizen or disabled persons property tax exemption under RCW 84.36.381 on
January I" of the tax year shall not be subject to said fee. If a portion of a real property
parcel does not satisfy any exemption criteria specified in this section, then the parcel
shall be subject to said fee
Section 3. _Sevembility
If any provision of this Ordinance, or its application to any person or circumstances, is ruled,
held or deemed invalid by a court of competent jurisdiction, then the remainder of this
Ordinance, or the application of the remaining provisions to other persons or circumstances shall
not be affected.
Section 4- Effective Date
This amendment to JCC 8.65 shall take effect immediately upon its adoption.
ADOPTED this --- day 2014
ATTEST:
Carolyn Avery,
Deputy Clerk of Board
Approved as to form
David Alvarez, Chief Civil DPA
Board of'Jefferson County Commissioners
John Austin, Chairman
Phil Johnson, Member
David Sullivan, Member
cc
An Ordinance amending the
Jefferson County Clean Water District,
Jefferson County Code Ch. 8.65
ORDINANCE N0. 03-0428-14
Wj_jEj?L�jS, the Findings of Fact listed below leads to the conclusion that the amending
C,
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
WI-IE,REAS, 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 BYTIIE BOARD OF JEFFERSON
COUNTY ComMISSIONERS as follows:
5e in s of�Fact amended
1 follows:
Section 8.65.020(28) of the Jefferson County Code (JCC) is hereby revised to read as
I - -tTown nd and
(28) Certain regions of Jefferson County, specifically the city of Poi se
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 pro-rams shall not be
Z7�
duplicative of the programs and services provided in areas where fees, rates or charges
are imposed under Chapters 36.89 and '6.94 RCW.
section 02. Fin— ding
fFact sqptlemented
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 responsibly
for all matters pertaining to the life and health of the people of Jefferson County (as
required by JCC 8.00,0 10). 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 0 '): Revision to JCC Section 8.65.055, -Assionmeqt of a lead-cLeMrtnLent-
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 valgatipn7m
-LL_ _ —
JCC Section 8.65.080 is amended to read in its entirety as follows:
The Clean Water District shall be evaluated for effectiveriess, by the advisory council or
Board of Health on an annual basis.
Section 06: Addition of a new section entitled '-Q) �fersih
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 rep ale4.qj1d re laced:
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 CPlW is the Consumer Price Index -- US City Average for All Urban Wage Earners
z�
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.
,action 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 Co&
Beginning with the year 2015, there is hereby established for the Clean Water District a
fe e of Twenty Dollars ($20 .00) per year per tax parcel, except for parcels or lands
'
described in J C C 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
Z:�
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 0�): Certain Tarcels qxen from fee section rewritten:
jpL
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 A84Q.3 RCW and timber land under
Chapter �4.34 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 84,36.381 (as currently enacted or
hereafter amended) is hereby exempted from this fee,
_�ectioflj_Q SqvgiaLi1—,1v
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,
day of APY71 2014.
ADOM Q "I this
r
SEA
1
ATTEST.-
Carolyn kvcry,
Deputy Clerk of the Board
Board of JeAerson County Commissioners
JOM."tipXb�airman
Phil Johns McrnRe-e
Johns
David Sullivan, Member
Approved as to Form
David Alvarez, Chief Civil DPA
Regular Agenda
JEFFERSON C04 NTT
BOARD OF COUNTY COMMISSIONERS
TO- Board of County Commissioners
Philip Morley,, County Administrator
FROM: Jared Keefer, Environmental Health & Water Quality Director
DATE: April 28, 2014
SU13jECT: Clean Water District Ordinance Amendment
STATEMENT OF IS-SUE."
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 health and shellfish. ' Jefferson County Clean Water District Advisory Council
(CWDAC) has found that 3CPH has used Clean, Water District funds to pursue a number of cost-effective
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 its recommendations for Clean Water District Activities and stable funding. These
recommendations were presented to the BOCC in January of 2013.
Indicators of human fecal sources were found in 18 out of 19 Chimacum sampling, sites.
Regular Agenda
Chimoc urn
Fecal Colifor m Concentration (September 2012)
FUIOOML
WO
Creek
2011-12
24 out of 28
rt
sites failed
Z
WA water quality
standards
The latest monitoring results from the Chimacum Creek basin show high levels of bacteria.
EPA's Clean Water Act lists 59 water bodies in eastern Jefferson County as impaired by pollutants.
Regular Agenda
Public hearing was held on this ordinance revision on April 7th 2014, at 10:00am. The public comment
period was extended to Monday, April 14" 2014 until 4:30pm. Further discussion took place on Monday,
April 21", 2014. During the discussion on the 21t, it was asked whether or not tax exempt parcels were
receiving the assessment. It was decided that question needed to be answered before taking action.
Staff has followed up on the question about tax exempt parcels and the Clean Water District assessment.
Currently, tax exempt parcels are not receiving Jefferson County's existing Clean Water District
assessment. Staff surveyed other Shellfish Protection Districts in Washington State, and all the districts we
successfully contacted also exclude tax-exempt parcels from a district assessment. Legal staff advises that
this common practice is well within the legislative discretion provided under'RCW 90.72,070, which reads in
part, "The 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 to maintain the current assessment structure and expand that
structure into the remaining areas of the Clean Water District not served 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 quality conditions and restore cut funding.
RECOMMENDA1�1ON'
3CPH management's recommends approval of an amendment to the Clean Water District Ordinance.
Philip Mor ey, ounty Administ for Date