HomeMy WebLinkAbout111014_ca01Consent Agenda
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: November 10, 2014
SUBJECT: Clean Water District Ordinance Amendment
STATEMENT OF ISSUE:
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 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 an amendment to the Clean Water District Ordinance. BoCC is
asked to conduct a public hearing on November 24t ", 2014 at 10:00 A.M. JCPH management also requests
approval of the amendment subsequent to the public hearing.
REVIEWED Y:
J ,
Phil' lorley,,Cou ty Administrator Date
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing regarding a proposed Ordinance amending
Jefferson County Code (JCC) Chapter 8.65 entitled "Clean Water District." The hearing will be
held at 10:00 a.m. on Monday, November 24, 2014 during the regular weekly public meeting of
the Jefferson County Board of County Commissioners at the Jefferson County Court House, 1820
Jefferson St., Port Townsend, Washington.
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 jeftbocc(a co.jefferson.wa.us
Approved this 10`h day of November, 2014.
Jefferson County Board of Commissioners
John Austin, Chairman
An Ordinance amending } Ordinance #
Jefferson County Clean Water District }
Jefferson County Code Ch.8.65 }
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 #03- 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 1: Revised text for JCC Section 8.65.090
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 APN 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 fee. For property classified as a Timeshare by the Jefferson County Assessor a fee
of Five 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• Severability
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: Effeetiye Date
This amendment to JCC 8.65 shall take effect immediately upon its adoption.
ADOPTED this
ATTEST:
Carolyn Avery,
Deputy Clerk of Board
day of 12014
Approved as to form
David Alvarez, Chief Civil DPA
Board of Jefferson County Commissioners
John Austin, Chairman
Phil Johnson, Member
David Sullivan, Member
An Ordinance amending the } ORDINANCE NO. 03- 0428 -14
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,
VOW, 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 stonnwater management
facilities and/or sanitary sewers that serve to control, properly dispose of and mitigate
nonpomt 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:
(L9) 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 de artmznt"
Section 8.65.050 is amended in its entirety to read as follows:
8.6.5.050 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 ($2.0.00) 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 0.9 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 909072
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.
Section 107 SeverabiliLY
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.
r
Carolyn livery_
Deputy Clerk of the Board
/77r` ! , 2614.
Board of J
Phil
County Commissioners
David Sullivan; Member
Approved as to Form
David Alvarez, Chief Civil DPA
E. r+N
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ADOPTE#,this
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ATTEST:
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Carolyn livery_
Deputy Clerk of the Board
/77r` ! , 2614.
Board of J
Phil
County Commissioners
David Sullivan; Member
Approved as to Form
David Alvarez, Chief Civil DPA
Regular Agenda
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: April 28, 2014
SUBJECT: Clean Water District Ordinance Amendment
STATEMENT OF ISSUE;
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 JCPH 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 (CWDAQ
developed its recommendations for Clean Water
to the OCC istrict Activities tif and stable funding. These
recommendations were presented
6eanWater Chimacum Creek
District
Activities
project microbial sources 2011-12
i
i
Indicators of human fecal sources were found in 18 out of 19 Chimacum sampling sites.
Chimacurn
WA water quality
71- 11
Creek
2011-12
24 out of 28
sites failed
Regular Agenda
Fe"I Col'fOm Cc Mcentrafi On (September 2012)
o MIWM
=Z--
U-�
tscec
The latest monitoring results from the Chimacum Creek basin show high levels of bacteria.
I
• 59 sites, U Pr from 44
a Bacteria
r.
a Temperature`
• Disso1v
EPA's Clean Water Act lists 59 water bodies in eastern Jefferson County as impaired by pollutants.
WA water quality
71- 11
standards
Regular Agenda
Fe"I Col'fOm Cc Mcentrafi On (September 2012)
o MIWM
=Z--
U-�
tscec
The latest monitoring results from the Chimacum Creek basin show high levels of bacteria.
I
• 59 sites, U Pr from 44
a Bacteria
r.
a Temperature`
• Disso1v
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 7' 2014, at 10:00am. The public comment
period was extended to Monday, April 14th 2014 until 4:30pm. Further discussion took place on Monday,
April 21", 2014. During the discussion on the 21a, 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.
RECOMMENDATION:
JCPH management's recommends approval of an amendment to the Clean Water District Ordinance.
fIE1/f�VVfED Y:
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Date
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Philip More , ounty Administ for