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HomeMy WebLinkAboutM051319 - Including Hearing Comments re: Proposed Ordinance to Revise Federal Emergency Management Act (FEMA) Required Updates t4'� 0N co S SIf I N GAO MINUTES Jefferson County Board of Commissioners Regular Meeting — Monday, May 13, 2019, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA CALL TO ORDER: Chair Kate Dean called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Greg Brotherton. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions. • Comment regarding the Department of Natural Resources lessening their early morning noises and Consent Agenda Item No. 5 re: Point Hudson renovation project. • Comment regarding the Planning Commission's ability to review the County's marijuana regulations and Department of Community Development staffing and fees. • Comment regarding marijuana production/processing in rural residential areas and MLA 19- 00019. • Comment regarding marijuana production/processing in rural residential areas. • Comment regarding new bee swarms in the area. • Comment regarding marijuana production/processing in rural residential areas. • Comment regarding marijuana production/processing in rural residential areas, and thanks to the Planning Commission for their efforts. • Comment regarding fire prevention/suppression in Jefferson County. • Comment regarding the County's Oath of Office verbiage change. • Comment regarding the end of times prophecy, and marijuana production/processing in rural residential areas. • Comment regarding a proposed draft of the County's Nuisance Ordinance and the cost of enforcement, and the County's Code of Conduct Policy. The Commissioners addressed comments and concerns raised during the Public Comment Period. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: After a brief discussion of the Consent Agenda items, Commissioner Brotherton moved to approve the items on the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 24-19 re: Finding and Determination to Declare Certain Personal Property as Surplus and Authorize Disposal 2. AGREEMENT re: Public Infrastructure Fund (PIF) Grant; Quilcene Complete Streets Project; In the Amount of$65,000; Jefferson County Public Works 1 Commissioners Meeting Minutes of May 13, 2019 3. AGREEMENT re: Public Infrastructure Fund (PIF) Grant; 7th Street Corridor Construction Project; In the Amount of$300,000; City of Port Townsend 4. AGREEMENT re: Public Infrastructure Fund (PIF) Grant; Fort Worden Employee Housing; In the Amount of$150,000; Fort Worden Public Development Authority(PDA) 5. AGREEMENT re: Public Infrastructure Fund (PIF) Grant; Point Hudson South Jetty Renovation Project; In the Amount of$150,000; Port of Port Townsend 6. AGREEMENT re: Public Infrastructure Fund (PIF) Grant; Quilcene Water Tank Project; In the Amount of$106,000; Jefferson County Public Utility District(PUD) #1 7. AGREEMENT re: Public Infrastructure Fund(PIF) Grant; Water Street Telecom Infrastructure Project; In the Amount of$60,064; Jefferson County Public Utility District(PUD) #1 8. AGREEMENT re: South Discovery Road Pavement Prevention Project, Project No. 18019760; In the Amount of$14,904.74; Jefferson County Public Works; HWA GeoSciences, Inc. 9. AGREEMENT, Change Order No. 3 re: 2018-2019 Supply of Aggregate Road Bituminous Surface Treatment Programs; Reduced Amount of$9,844.35 for a Total of$345,702.86; Jefferson County Public Works; Allen Shearer Trucking, Inc. 10. AGREEMENT NO. 16-1845D,Amendment No. 3 re: Grant Funding Increase for Memorial Field Lighting Project; An Additional Amount of$67,000; Jefferson County Public Works; Washington State Recreation and Conservation Office 11. AGREEMENT NO. CLH18247, Amendment No. 8 re: 2018-2020 Consolidated Contracts; An Additional Amount of$74,298 for a Total Amount of$833,101; Jefferson County Public Health; Washington State Department of Health 12. AGREEMENT re: Noxious Weed Control in Public Utility District(PUD) Right-of-Way(s); In the Amount of$25,000; Jefferson County Noxious Weed Control Board; Jefferson County Public Utility District(PUD) #1 13. MINUTES re: Regular Meeting Minutes of May 6, 2019 14. APPROVAL re: Water Right Assignment of Washington State Department of Ecology Application G2-29120; Jefferson County Public Utility District(PUD) #1 15. ADVISORY BOARD REAPPOINTMENT re: Jefferson County Board of Equalization; Three Year Term Expires May 11, 2022; Dave Garing 16. ADVISORY BOARD APPOINTMENT re: Jefferson County Board of Equalization; Three Year Term Expires May 13, 2022; Daryl Gillette 17. ADVISORY BOARD REASSIGNMENT re: Jefferson County Board of Equalization; Reassignment from Board Member to Alternate Board Member; Unexpired Term Expires February 22, 2020; Michael Smith 18. Payment of Jefferson County Vouchers/Warrants Dated May 13, 2019 Totaling $1,206,699.49 (Records of all claims submitted for payment along with vouchers approved and signed by the Board of Jefferson County Commissioners are retained by the Jefferson County Auditor and Public Works Department.) PROCLAMATION re: Declaring the Week of May 12,2019 as National Police Week and Observe May 15,2019 as Peace Officers' Memorial Day: Sheriff Joe Nole was present to speak about the department's law enforcement officers. After all three Commissioners read the proclamation aloud, Commissioner Sullivan moved to approve the proclamation. Commissioner Brotherton seconded the motion which carried by a unanimous vote. 2 Commissioners Meeting Minutes of May 13, 2019 UPDATE re: Port Hadlock Wastewater Treatment System (PHWTS) Project: Public Works Director/County Engineer Monte Reinders gave a presentation on the PHWTS project progress, zoning regulations that may change, and costs that would be incurred for the County and landowner. The meeting was recessed at 10:29 a.m. and reconvened at 10:37 a.m. with all three Commissioners present. HEARING re: Proposed Ordinance to Revise Federal Emergency Management Act (FEMA) Required Updates to Jefferson County Code (JCC) 15.15 (Building Code-Flood Damage Prevention): Department of Community Development Director Patty Charnas and Associate Planner Donna Frostholm explained that Jefferson County participates in the FEMA National Flood Insurance Program, and to remain in the program,the Board must adopt updates to the Flood Damage Prevention Ordinance that meet or exceed the minimum revised requirements by June 7, 2019 to avoid suspension from the program. Chair Dean opened the hearing for public testimony. Cindy Jayne provided testimony. Hearing no further testimony, Chair Dean closed the public hearing. After deliberations, Commissioner Sullivan moved to adopt ORDINANCE NO. 05-0513-19 re: Updating the Flood Damage Prevention Ordinance for Jefferson County—Revised Federal Emergency Management Agency Rate Maps. Commissioner Brotherton seconded the motion which carried by a unanimous vote. UPDATE re: Washington State Department of Natural Resources 1st Quarter County Income Report: Washington State Department of Natural Resources (DNR) Regional Manager Mona Griswold and State Lands Assistant Drew Rosanbalm briefed the Board on the Pt Quarter County Income Report. Jefferson County Assessor Jeff Chapman participated in the briefing. DISCUSSION AND POSSIBLE ACTION re: Department of Community Development and Jefferson County Planning Commission Recommendation(s) for the Final Docket Regarding Suggested Text Amendments,Annual Amendment Cycle for Comprehensive Plan (CP) and Unified Development Code (UDC) -JCC 18.45.060(4): Department of Community Development Associate Planner Joel Peterson briefed the Board on the Planning Commission's report and recommendations pursuant to JCC 18.45.060(3). The Board deliberated on whether to adopt the Planning Commission's recommended Final Docket without a public hearing or add or subtract suggested text amendments which would involve holding a public hearing at the first Board of County Commissioners meeting in July 2019. After discussion, Commissioner Brotherton moved to direct staff to prepare for a public hearing on the issue. Commissioner Sullivan seconded the motion which carried by a unanimous vote. COMMISSIONERS' BRIEFING SESSION: The Commissioners discussed recent meetings they attended, Calendar Coordination and miscellaneous items. The meeting was recessed at 12:10 p.m. and reconvened at 1:34 p.m. with all three Commissioners present. 3 Commissioners Meeting Minutes of May 13, 2019 COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. • BRIEFING re: Draft Public Nuisance Ordinance • DISCUSSION with Salish Behavioral Health Organization re: Administration of Criminal Justice Treatment Account (CJTA) Funds for Jefferson County. After the discussion, Commissioner Brotherton moved to authorize the Chair to sign a letter designating Salish BHO as the administrative entity for the CJTA funding for the next biennium. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The meeting was recessed at 3:03 p.m. and reconvened at 3:18 p.m. with all three Commissioners present. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. • Legislative Update • County Administrator's upcoming meetings • Future Agenda items • Calendar Coordination • Critical Areas Ordinance; taskforce update NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 3:58 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Brothertpp,5ecQnded the motion which carried by a unanimous vote. .;,r, ' , , , JEFFERSON COUNTY A '', BOA F COMMISSIONERS S fl i , r 1 . }\ t =`"� ' Kate De.. hair 1N • L...., -.. / / /' ' ATTEST: ; N Da1� ` 'c.ri..; , ,fir-` IIII (kit,Ykli AC- (AL16 Y i L �. , ,- Caroly44 Gallaway, CMC Greg C rotherton, Member Deputy Clerk of the Board 4 CC-•�' . �ca� �ef f bocc From: Sent: Cindy Jayne <cindyjaynept@gmail.com> 4t Wednesday, May 08, 2019 5:45 PM N To: jeffbocc; citycouncil@cityofpt.us gn 'K ` .` 3 I^n)r° Cc: Judy Surber Osurber@cityofpt.us); Laura Tucker Subject: Climate Action Committee Motion Re Flood Ordinances Attachments: CACMotion_2019_04_24_FloodOrdinances.doc; Letter to Planning Commissions Re Flood Proofing.pdf; BenefitsCostFreeboardFlyerFinalFeb20l8.pdf City Council members and County Commissioners, The Port Townsend / Jefferson County Climate Action Committee passed a motion on 4/24/19 related to the flood ordinances that are currently being reviewed by the city and county. Please see the attached letter for more detail. I have also copied the text of the letter below. Thank you for considering the Jefferson County / City of Port Townsend Climate Action Committee's input on this matter. Cindy Jayne Chair, Climate Action Committee (360)344-2046 cindyja�nep>t ,gmail.com May 8, 2019 To: Jefferson County Board of County Commissioners, Port Townsend City Council From: Jefferson County / City of Port Townsend Climate Action Committee RE: Climate Action Committee Motion Regarding Flood Ordinances Commissioners and Councilmembers, At the April 24, 2019 Climate Action Committee (CAC), the following motion was passed: "Move to recommend the City and County raise the requirement to elevate residential structures and to elevate or floodproof non-residential structures from a minimum of one -foot above BFE to two -feet above BFE. " Material provided to the CAC related to this discussion, and briefly discussed at the meeting, was the letter from the Local 20/20 Climate Preparedness Action Group, and the flyer from the Association of State Floodplain Managers, both attached below. The County's draft ordinance, scheduled for public hearing on 5/13/19, has for new construction and substantial improvement of residential, non-residential construction, and manufactured homes, that they be elevated or floodproofed to a minimum of one -foot or more above BFE. (See 15.15.080(2)(a), (b), and (c). The City of Port Townsend's draft Flood Ordinance, scheduled for adoption on 5/13/19, increases the minimum elevation to two -feet above BFE for residential and non-residential structures. I plan on attending the County's 5/13/19 public hearing on the Flood Ordinance and am happy to discuss this further then, or by email or phone prior to the hearing or city council meeting. Thank you for considering the Jefferson County / City of Port Townsend Climate Action Committee's input on this matter. Cindy Jayne, Chair, Climate Action Committee (360)344-2046 cindyjaynept@gmail.com On behalf of the Climate Action Committee SON c 0 w4 G� city�l ort Townsend �9SN City of Port Townsend /,Jefferson County Climate Action Committee May 8, 2019 To: Jefferson County Board of County Commissioners, Port Townsend City Council From: Jefferson County / City of Port Townsend Climate Action Committee RE: Climate Action Committee Motion Regarding Flood Ordinances Commissioners and Councilmembers, At the April 24, 2019 Climate Action Committee (CAC), the following motion was passed: "Move to recommend the City and County raise the requirement to elevate residential structures and to elevate or floodproof non-residential structures from a minimum of one -foot above BFE to two -feet above BFE. " Material provided to the CAC related to this discussion, and briefly discussed at the meeting, was the letter from the Local 20/20 Climate Preparedness Action Group, and the flyer from the Association of State Floodplain Managers, both attached below. The County's draft ordinance, scheduled for public hearing on 5/13/19, has for new construction and substantial improvement of residential, non-residential construction, and manufactured homes, that they be elevated or floodproofed to a minimum of one -foot or more above BFE. (See 15.15.080C2)Ca), (b), and CO. The City of Port Townsend's draft Flood Ordinance, scheduled for adoption on 5/13/19, increases the minimum elevation to two -feet above BFE for residential and non-residential structures. I plan on attending the County's 5/13/19 public hearing on the Flood Ordinance and am happy to discuss this further then, or by email or phone prior to the hearing or city council meeting. Thank you for considering the Jefferson County / City of Port Townsend Climate Action Committee's input on this matter. Cindy Jayne, Chair, Climate Action Committee (360)344-2046 cindyjaynept@gmail.com On behalf of the Climate Action Committee NMI Letter to Planning BenefitsCostFreebo Commissions Re FloardFlyerFinalFeb201 April 8, 2019 To: City of Port Townsend Planning Commission and Jefferson County Planning Commission, Judy Surber (City of Port Townsend), and Donna Frostholm (Jefferson County) From: Local 20/20 Climate Preparedness Action Group RE: Proposed Flood Damage Prevention Ordinances Our understanding is that there are draft Flood Damage Prevention Ordinances currently in review for both the City of Port Townsend and Jefferson County. Local 20/20's Climate Preparedness Action Group, which has been researching flood proofing code in other Washington State municipalities as well as monitoring King Tides in Port Townsend for the last two years, would like to comment on those draft ordinances. Based on our participation in the Planning for Climate Change for the North Olympic Peninsula project (see link to report below), as well as attendance at a variety of workshops put on by the Shoreline and Coastal Planners in collaboration with Washington State Department of Ecology, our understanding is that the FEMA Base Flood Elevation (BFE) numbers are based on historical data, and do not include sea level rise projections. (See for example, adaptation strategies CI -6 and E-6 in the Cl:r-at` Ch n f'rE> <aredness Plan for the North 011 'm )j f' _; insula, which recommend encouraging FEMA to take climate change into account, as well as encouraging cities and counties to create critical area mapping beyond FEMA's flood data.) The sea level rise projections for Port Townsend from the report (page 29) are reproduced below. Location Probability ... that mean sea level will reach or exceed _ feet relative to current MHHW... ... and that the annual extreme coastal flood will reach _ feet relative to current MHHW 220 Curre 203 205 2030 2050 2100 0 nt 0 0 99% 0.2 0.4 1.0 1.1 1.5 1.9 2.8 95% 0.3 0.5 1.4 1.3 1.8 2.2 3.3 83% 0.3 0.7 1.8 1.6 2.1 2.5 3.8 75% 0.4 0.7 2.0 1.8 2.2 2.6 4.0 Port 50% 0.4 0.9 2.4 2.1 2.5 2.9 4.5 Townsend 25% 0.5 1.0 2.9 2.4 2.8 3.3 5.1 17% 0.5 1.1 3.1 2.5 2.9 3.5 5.3 5% 0.6 1.2 3.9 2.8 3.3 3.8 6.1 1% 1 0.6 1.5 5.2 1 3.1 3.6 4.1 7.3 These projections are also consistent (with very slight differences) with the newly released Projected Se,a L!Qyel Rise ip Washington State report released in 2018. The attached flyer from the Association_ of State Floodplain Managers notes that "Many communities concluded that the BFE is not a sufficient level of protection, saying:..... NFIP flood studies do not account for the impacts of future development or sea level rise. Over time, the regulatory standard does not keep up with increases in flood elevations." It also notes that a building built higher than the minimum level required by the National Flood Insurance Program (NFIP) is better protected from "Waves that are higher than the BFE." It goes on to note that Flood Insurance Premiums decrease for levels of increasing freeboard, and notes that designing for 2' above BFE costs relatively little ($4,690 for a 2000 square foot home), and with an estimated reduction in annual flood premiums savings of $1,413, it pays for itself in 3.3 years.) The Port Townsend / Jefferson County Climate Action Committee also recommended to the City of Port Townsend that sea level rise be taken into consideration when the flood proofing code for the City is reviewed. See the attached letter dated July 26, 2017 from the CAC to the Port Townsend Planning Commission. King County has recognized the advantages of requiring flood proofing to higher levels than BFE. Its current code defines the Flood Protection Elevation as: "21A.06.490 Flood protection elevation. Flood protection elevation: an elevation that is three feet above the base flood elevation. " That flood protection elevation level applies to new residential and nonresidential structures (see 21A.24.240 E and F). Based on the above information, we recommend that both Port Townsend and Jefferson County increase their required flood protection elevation level for residential and non-residential to BFE + 2' or more, to better protect our community from future costs and losses due to sea level rise. Thank you for considering the above recommendation. Cindy Jayne Chair, Local 20/20 Climate Preparedness Action Group Costs of Building Higher Under the rules of the National Flood Insur- ance Program, buildings must be protected to the Base Flood Elevation (BFE). Therefore, the cost of freeboard isjust the additional cost of building higher than the minimum NFIP standard. A study conducted by ASFPM in February 2017 estimated the approximate cost of building higher for a 2,000 -square foot house. The study assumed the house was constructed to NFIP standards and then estimated the additional cost of building higher than the BFE (see table below). Foundabon Type* Concrete block piers Cod per Cdd, foot $890 Crawlspace with $1,850 concrete block walls Crawlspace with $2,155 poured concrete walls Stem wall with fill $2,345 Fill only $4,470 Using a house on fill with a stem wall (as illustrated on the cover), here are the aver- age construction costs for building higher: 1 foot: $2,345 2 feet: $2,345 x 2 = $4,690 3 feet: $2,345 x 3 = $7,035 Return on Investment The owner of a building built higher will realize savings in two ways. The most important is when the area floods again and the building is not damaged. Also, the owner doesn't have to relocate, repair and rebuild. Another form of savings is a reduced cost in flood insurance, which is required by most lenders. For example, using a 2,000 -square foot home with a stem wall foundation with the floor 2 feet above the BFE (with fill underneath). Additional cost of construction: $4,690 Annual flood insurance premium built to the BFE: $2,147 Annual flood insurance premium built 2 feet above the BFE: $734 Annual flood premium savings: $1,413 Number of years to pay off $4,690 via premium savings: 3.3 years Added savings realized during a 30 -year mortgage: $37,300* Another benefit of building is higher is potentially increase in value at the time of sale due to lower risk and lower insurance costs. The Costs & Benefits of Building Higher Freeboard BFE Assn. of State Floodplain Managers 'Costs are lower for other foundations. 'Savings are greater for other foundations www.floods.org Building in the Floodplain Flood Damage Protection Flood Insurance Premiums Communities that participate in the National Flood Insurance Program must ensure all new residential buildings constructed in the floodplain are elevated to or above the base flood elevation (BFE). The base flood is the flood that has a 1% chance of occurring or being exceeded in any given year. Many communities concluded the BFE is not a sufficient level of protection, saying: Floods higher than the base flood can and do occur. Most flood studies do not account for debris or obstructions during the base flood, thereby underestimating the BFE NFIP flood studies do not account for the impacts of future development or sea level rise. Overtime, the regulatory standard does not keep up with increases in flood elevations. In non -coastal areas, the protection level is measured at the top of the lowest floor, leaving the flooring, subfloor and floorjoists exposed to the base flood. To offset these shortcomings of building only to the BFE, over half of the communi- ties in the country require new buildings to be protected to one or more feet higher than the BFE. Floodplain managers call this "freeboard." A building built higher than the minimum level required by the NFIP is better protected from: Waves that are higher than the BFE, Unpredictable flooding conditions, such as debris at a bridge or culvert that creates a dam to stream flow, -4Increases in flood heights due to devel- opment and climate change, and Damage to the floorjoists and other parts of the building lower than the top of the lowest floor. Through a national consensus process, building higher has been part of the International Building and Residential Codes and the American Society of Civil Engineers' flood design and construction standard (ASCE 24). Thousands of dollars in flood damage can be prevented by building higher. While the BFE is the minimum standard for communities in the NFIP, the program encourages regulations that set a higher protection level (44 CFR 60.1(d)). As seen in the table below, flood insurance premiums are significantly lower for buil- dings with 1, 2 or 3 feet of freeboard. More than 40 years of insurance claims experience has proven these buildings suffer much less flood damage. Less potential for damage means lower premiums. Pmod insurance fternium Comparison III Zone Freeboard Premium AE At BFE (no freeboard) $2,147 AE BFE + 1 foot $1,106 AE BFE + 2 feet $734 AE BFE + 3 feet $614 Premiums are for a single-family house, one floor, slab on grade, stem wall foundation, or crawlspace with proper flood openings, $200,000 in building coverage, $80,000 in contents coverage, $1,000 deductible, no CRS discount, April 2017 Fioodlnsurance Manua/ Lower insurance premiums are an immedi- ate benefit to the property owner. Other benefits include less flood damage in the community, less suffering, less business interruption, quicker recovery, and higher property values.