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HomeMy WebLinkAbout112414_ra02Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERI AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health & Water Quality Director DATE: November )�, 2014 SUBJECT: Clean Water District Ordinance Amendment STATEMENT OF ISSUE: Jefferson County Public Health is requesting an amendment to the Clean Water District Ordinance. ANALY 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. RIM Z 16 1 41MIM � I JCPH management's requests approval of an amendment 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 amendment subsequent to the public hearing. REVIEWED BY: Philip-MMo/rley, Co--'u tyAdministrator-1) Date An Ordinance amending Ordinance # Jefferson County Clean Water District Jefferson County Code Ch.8-65 1�11j-IEREAS, Chapter 9.65 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 -903-0428-14, said Ordinance serving, in part, to establish a new for most parcels: and basic fee of $20 per parcel pV)yEREAS, Ordinance #03-0428-14 served to memorialize that certain categories of parcels are exernpt 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 W,UERFAS, 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 C,O)iMISSIONERS as follows: section I : Revised text for JCC Section 11.65-090 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 ,ically a fee of Twenty Dollars (520.00) per year per APP lor all real property, except for property classified as a Timeshare by the Jefferson County Assessor and cxccpt for parcels or lands described in JCC 8.65, 100 as exempt from any obligation to Pay the fee, 1 or property classified as a Timeshare by the Jefferson County Assessor afiec of Five Dollars ($5.00) per year per Assessor's Parcel Number (APN) is hereby established. ,rinse fees shall be adjusted annually accordingly on the first business day of January L, (Adjusted bate) by the amount of the percentage increase in the Consumer Price Index (CPIW) over the 11105t recent twelve (l 2) month period as reported in the CPIW report front the September prior to the annual Adjustment Date. A fee shall not be reduced by reason of Such calculMlon, However, fee increases in accordance with this calculation shall not exceed five (5) percent per year, j,jle CpIW 'S the Co�lAtrrier Price Index - US City Averaoe for All Urban "gage Earners I n tl and Clerical Workers, published by the Bureau of Labor Statistics of the United States Department of Labor. or Section 8.65.10 _Section 2: Revised text -1Qr jCC 1L'--- 0 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'fownsend 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 properly parcel does not satisfy any exemption criteria specified in this section, then the parcel shall be subject to said fee S Sectio . n 31 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 riot be affeeted- This anle ndrnent to jCC 8.65 shall take effect immediately upon its adoption. ADOP"FED this day of 2014 Board of Jefferson County Commissioners John Austin, Chairman Carolyn Avery, Deputy Clerk of Board Phil Johnson,, Member David Sullivan, Member Approved as to form 1)1'A David Alvarez., Chief C 1vil g%, NCE NO. 03-0428-14 ORDINAT An ordinanr e, amendinc, the Jefferson County Clean Water District, Jefferson County Code Ch, 8,65 EAS, the Findings of Fact listed below leads to the conclusion that the amending C, ER Jefferson County Code, entitled "Clean Water District," in order to of Chapter 9.65 of the J for said District is not only authorized by state law but would establish a stable fandilig Source promote the general eneral health, safety and welfare of the citizens of Jefferson County, and 'FA,S, Jefferson County Public Realthconsulted with staff from the City of Port ownsend to discuss the proposal to extend the applicability of Chapter 8.65 JCC to those T premises located within the City not served by a sanitary sewer (as that term is parcels and . defined and regulated in Ch- 36.89 RCW and Ch. 36.94 RCW) and City and County staff agreed such all extension was both lawful and in furtherance of the public policy behind Ch. 90.72 RCW, NONNI, TfIERUORE, BE 1'1'01�,DAINED BY TIE BOARD OF .JEFF ERSON COUNTY COMMIsSIONERS as follows: _.Findings of Fact amended j1. , section 8.65.020(28) of the Jefferson County Code (JCC) is hereby revised to read as follows: I I rt ToWTISend and (28) Certain regions of Jeffel-soll County, Vcc"flcally tl-le city of Po 0 the master planned resort at Port Ludlow, have in place stoimwater management facilities and/or sanitary Zn sewers that serve to control, property dispose of and mitigate nonpoint sources of ,eater pollution. Clean Water District programs shall riot be duplicative of the programs and services provided in areas where fees, rates or charges are I rriposed under C,lapters 3.6.89 and 36-9-4 RCW. ect. 0 na s °f fact PIRP I _eM e n t e d scc6oyj 9.65-020 Is amended to reflect the addition of the following text: (29) -i he Jefferson County Board of Commissioners also SCTVC on and appoint the Jefferson County Board of Health. The Jefferson County Board of Health as responsl b1c for all matters pertaining to the life and health of the people of Jefferson County (as requiTed by JCC 8,00,010). The Board of Health is well qualified to coordinate the -ties of the Cje,jjj Water Disttict under this Chapter with other programs and activi I activities which fall 11nder the duties arid responsibilities of the Board of health. Section 03, Re—vJsion to JCC Section 8 .65.050, --Assignment. f a le -g- -__qd de )artmcnt Section 8.65,050 is amended in its entirety to read as follows: 8.65.050 ASsi,-,nMCnt of a lead department. The Jefferson County Board of Commissioners hereby directs Jefferson County Public Health 10 serve as the county department responsible for adm inistering 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 Q4,., e_YJsicT_0(_01—etitle of JCC Section 8.65.070. JCC Section 8-65.070 shall hereinafter be entitled "Advisory Council," I Prog�am Eygl� �Iio $�e :_ _ � n" Section 05- Revision to section .080 erit'tled�� 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- -tioll 05: WCU—_ utiqri��t ulgi—sect;011 ent,fled A new section is hereby added to Chapter 8_6 of the: Jeffel-son County Code, said section to read In Its entirety as follows: The Jefferson Count,,, Board of Commissioners hereby directs the jefTersol, 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 M00.010, Sec tion 07-__,�\ilnualfee se�,tior) Section 5,65.090 of t)le Jefferson County Code (or "JCC--) is heereby repealed and replaced so that it shall read in its ent 1 , rety as Collo ws: "I -here is bereby established for the Clean Water District a firiaricirig mechanism, , f- l cal Spec). I 1,y a fee of t'w'enty Dollars (S20.00) per year per tax parcel, except for parcels or lands described in in JCC 8,65-100. This fcc shill be adjusted annually accordin,gly on the first business day of January (Adjusted Date) by the amount of the ir)Cl"casc in the Consumer Price Inde,', (CPIW), The Cp1W is the Corisuincr Price Index -- US City Average for All Urban Wage Earners and Clerical Workers, published by the Bureau ot'Labx STatistics Of the United SUVCIS Department of 1,abor. This fee adjustment shall be calculated as follows: it shall be increased by the increase "C"ease in the CPIW as reported for the month of September preceding the Z� Date, fee shall not be reduced by reason of such calculation. However, AdjustMent A dance with this calculation shall not exceed 5 percent per year. fee increases in accor Text is added to the Public Health Fee Schedule: Section 08- text is added to the Fee Schedule for Public Health found in the Appendix to h The f0l10'vV' =1 - Jefferson County Code' in, with the year 2015, there is hereby established for the Clean Water District a. Begins ZP fee of T werity. Dollars ($20.00) per year per tax parcel, except for parcels or lands described in jcC 9-65-100- The Clean Water District fee shall be adjusted annually accordingly on the brat business day Of 3anua-ry (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 ntae 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 il) accordance with this calculation shall not exceed 5 percent per year. ii2S.arcels exeryjp t fr r gifee sec icon rewritten, 8.65,100 of the jefferson. County Code (or-JCC") is hereby repealed and replaced so Sect' that it shall read in its enti rety as follows: Parcels within the boun(33-11cs of the City of` Fort Townsend and the Port Ludlow Master planned Resort connected to a sanitary sewer service will not be subject to this fee. Lanois classified as forestland under Chapter 8431 RCW and timber land under chapter 8434 p not be subject to said fee (as required by Chapter 90.72 RM. Additionally, any Parcel that is owned by, arid is the personal residence of, a person or I)CISO's approvcd by the county assessor for a senior citizen or disabled persons property tax exemption under R W 84.36.391 ' (as currently enacted or hereafter anielided) 's her-,by exempted from this fee. L� sect 1011 bi I ordinance, its application to any person or circumstances, is held If alvq �O�ijsion of this Or n fttllisordinance. or the application of the provisions to other persons or V1, l'i d the rumaInd ercbe al��-eted. ,ucaMstances, shall riot ffective Date: Section �11. W- This amendment to JCC 8,65 shall take effect seven (7) days after adoption, this day of 2 0 14. A D 0 P TE-14 Board of J S EI-A ID 'IT t Jo Phil Johns ATTEST. Carolyn A`VcrY� Deputy Clerk of the Board son County Comm- I , jorj rs rman m David Sulli van, .Mernbcr a/jv, CVVI Approved as to Form David Alvarez, Chief Civil IPA Regular Agenda JEFFERSON COUNTY 13OARD OF COUNTY COMMISSIONERS AGENDA REQUEST Board of County Commissioners T 0. Philip money, County Administrator FROM fared Keefer, Environmental Health & Water Quality Director DATE. April 8, 2014 SIJBJF ,C-F: Clean Water District Ordinance Amendment STATWENT Of ISSUE" th -,5 requesting an amendment to the Clean Water District Ordinance. )efferson Coullty Public Heal A N_A L_XS I _S' Jefferson COU ,ty public Health (3CPH) has found a number of water quality -impairments that have the sely affect public health and shellfish. Jefferson County Clean Water District Advisory Council ability to adver that 3CpH has used Clean Water District funds to pursue a number of cost-effective (CWDAC) has found and protected shellfish growing areas and clean water throughout Jefferson protects that have restored a the Jefferson County Clean Water District table ociDAC) cember 2County, in De funding. These commendations for Clean Water District Activities and developed its le presented to the BOCC in 3anuary of 2013. recom!"nendaf,005 were clea n �Jater Chimacurn Creek 1)istrcct ACIMtYe5 microbial sources 2011-12 project -ce' found in 18 out of 19 ChimaCE1111 Sarnplill- SitCS, indicators of hu'"al' fecal soul '; were Repolar Agenda b The latest monitoring results from the Chimacum Creek basin show high lt� levels of bacteria. impaired. water Bodies 1:::DA - 7017- 59 sites,, up from 44 J�' zo Bacteria" - Temperature (geF a Dissolved, F k-I - Act lists 5 )9 water bodies in eastern Jefferson County as impaired by pollutants. �px-s I'le: an Watei N,"I COHfOrM Concentration (Septmber 2N2y G Chi MCUM Creek ac 2011-12 .. . ....... ...... . 24 out of 28 sites faded WA water q standards W- l-.tii.' M The latest monitoring results from the Chimacum Creek basin show high lt� levels of bacteria. impaired. water Bodies 1:::DA - 7017- 59 sites,, up from 44 J�' zo Bacteria" - Temperature (geF a Dissolved, F k-I - Act lists 5 )9 water bodies in eastern Jefferson County as impaired by pollutants. �px-s I'le: an Watei Regular Agenda ordinance revision on April 7 Ih 2014, at 10:00am. The public comment Public hearing was held on this April 14 th 2014 until 4:30pm, Further discussion took place on Monday, period was extended to Monda, A ril 21"', 2014. ouring the discu $Sion on the 21't, it was asked whether or not tax exempt parcels were p receiving the assessment, it was decided that question needed to be answered before taking action. has followed up on the question about tax exempt parcels and the Clean Water District assessment. Staff tax exempt parcels are not receiving Jefferson County's existing Clean Water District Currently, other Shellfish Protection Districts in Washington State, and ail the districts we assessment. Staff surveyed 0 s,se contacted also exclude tax-exempt parcels from a district assessment. Legal staff advises that successfully ce is well within the legislative discretion provided under RCW 90.72.070, which reads in t common practice h protection district may finance the protection his 'kThe county legislative authority establishing a shellfish P art _(3) reasonable charges or rates specified in its protection program,._.." The proposed program through !,,!on is to maintain the current assessment structure and expand that Jefferson county ordinance rev sewer. structure into the remaining areas of the Clean Water Distr ict not served by sanitary 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. R al of an amendment to the Clean Water District Ordinance. ]CpH managemenes recc)r'nrnend5 approval toT Date ounty Adminis Philip MOr'