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Home My WebLink About07 0810 09 An Ordinance amending the } Jefferson County Clean Water District, } JCC 8.65 } ORDINANCE NO. 07-0Rl0-0Q WHEREAS, the Findings of Fact listed below lead to the conclusion that the amending of Chapter 8.65 of the Jefferson County Code, entitled "Clean Water District," 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, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF JEFFERSON COUNTY COMMISSIONERS as follows: Section 01: Purposes: Section 8.65.010 ofthe Jefferson County Code (or "JCC") is hereby amended by the addition of the following text: (6) Establish a fee to fund the Clean Water District (lCC 8.65) Section 02: Findings of Fact Section 8.65.020 of the JCC is hereby amended by the addition of the following text: (17) On October 1 ih, 2007 the Jefferson County Board of County Commissioners adopted Ordinance No. 08-1017-07 creating the Jefferson County Clean Water District. (18) Fees were not adopted to fund water quality improvement actions described in said ordinance. Actions have been funded by a combination of state grant funding sources and county general fund. County general fund has often matched state funding, leveraging $4 of services for every $1 of county general fund revenue spent. (19) Portions of the Mats Mats Bay and Hood Canal #3 commercial shellfish growing areas are listed by the Washington State Department of Health as concerned due to water quality results. In order to avoid future downgrades in the status of these commercial shellfish growing areas sources of fecal coliform pollution need to be identified and corrected. (20) The Washington State Department of Health has determined that degradation of water quality in the above mentioned shellfish growing areas is primarily due to nonpoint sources of water pollution. (21) Jefferson County Public Health is responsible for regulating the operation and monitoring of on-site sewage systems and conducting programs to remedy nonpoint surface pollution as it exists in unincorporated Jefferson County. (22) Commercial shellfish growing is an estimated 20 million dollar enterprise in Jefferson County. (23) Protecting and fostering this multi-million dollar enterprise is one of the most important economic development steps the County Commission can undertake. (24) Protecting clean water will help the county's commercial shellfish businesses survive and thrive. (25) A permanent and distinct funding source for the various programs that the Clean Water District will undertake will assure that the continued viability of these programs does not wholly depend on the vagaries of what might be available from the county's general fund. (26) The Clean Water District Funding Task Force recommended to the HoCC a similar fee structure as is being proposed here. (27) A permanent and distinct funding source for the Clean Water District will provide the Clean Water District with proof of matching funds that can be matched to grants provided by other entities, including, but not limited to, the State of Washington and the United States. (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. Those areas receive significantly parallel services as defined in Ch. 36.94 RCW and Ch. 36.89 RCW. Section 03: Annual Fee A new section is hereby added to Chapter 8.65 of the Jefferson County Code, said section reading in its entirety as follows: There is hereby established for the Clean Water District a financing mechanism specifically a fee of Five Dollars ($5.00) per year per tax parcel, except for parcels or lands described in Section 4 below. Section 04: Certain parcels exempt from fee A new section is hereby added to Chapter 8.65 of the Jefferson County Code, said section reading in its entirety as follows: Parcels that fall within the boundaries of the City of Port Townsend and the Port Ludlow Master Planned Resort 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 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. Section 05: Liabilitv A new section is hereby added to Chapter 8.65 of the Jefferson County Code, said section reading in its entirety as follows: Administration ofthis title shall not be construed to create the basis for any liability on the part of the county, its appointed and elected officials, and employees while working within the scope of their duties, for any action or inaction thereof authorized or done in connection with the implementation of this title. Section 06: 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 07: Effective Date: This amendment to lCC 8.65 shall take effect seven (7) days after adoption. PASSED AND ENACTED this J {5 !:i1. day of /jtJL~r- ,2009. Board of J o ([L-~C { Clerk of the Boar B ho IDS ~. bIt (j jL\9 ATTEST: b\\OW1 Au.,,"-"', l'-\~mb,H ,)ZJ)O? rf)a~ Ct~;v7~ L-l~e,J ~ Approved as to Form J David Alvarez, Chief Civil DP A Regular Agenda II :00 a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Public Health Director Neil Harrington, Water Quality Division Manager DATE: August 10, 2009 SUBJECT: HEARING: Proposed Ordinance Amending Ordinance No. 08-1017-07 ofthe Jefferson County Code to Establish a Fee to Fund the Clean Water District STATEMENT OF ISSUE: The Board of County Commissioners is holding a public hearing on amending the ordinance that created the Jefferson County Clean Water District to establish a fee of $5.00 per parcel and outline fee exemptions. ANALYSIS: The Jefferson County Clean Water District was established in 2007, without a fee, to promote the improvement and preservation of water quality for the citizens ofthe District. The District provides services to educate homeowners about on-site septic systems, and to provide water quality monitoring, pollution source identification and correction. A stable funding source is necessary for the District to continue to continue to provide services that promote the general health safety and welfare of the citizens within the district. The Clean Water District was originally created without a fee, and since then, the services ofthe District have been subsidized by the County's General Fund. The General Fund is no longer able to provide this level of subsidy. The proposed local funds for services will be matched by existing Washington State Department of Ecology grants to enhance\UI~IiJ'~ the services provided by the District. RECOMMENDATION: Receive public testimony, deliberate and approve the proposed Ordinance, with or without amendments. ~~. Date " '" JBFFERSON COUNTY COMMISSIONERS PUBLIC HEARING PROCEDURE Monday, August 10,2009 at 11:00 a.m. Commissioners Chambers CHAIRMAN - At today's hearing we will be taking public testimony regarding the proposed amendment to the Clean Water District Ordinance. The public hearing is now open. This is a fact finding forum from which a decision must result. Everyone present will be given an opportunity to be heard. The additional seating outside of the hearing room door is limited to 12 seats as required by the fire code. (David can you make a statement asking people to exit the room after giving their testimony to allow others to come in to testify.) Extraneous or irrelevant testimony adds nothing to the hearing and makes the decision making process more complicated and difficult. Unruly behavior, such as booing, hissing, clapping, or harassing remarks cannot be an element of the hearing. This is not a popularity contest, but a legal process in which facts and opinions are presented to decision makers. Emotional displays or undignified presentations add absolutely nothing to the hearing. " The Clerk will be recording what is said, therefore when you speak, begin by stating your name and address. Spell your last name for the record. Speak slowly and clearly. Each person will be allowed to speak for up to 3 minutes. We ask that all speakers address the Board from the microphone at the front of the room. The Clerk will start the timer when the speaker is at the microphone and ready to begin speaking. When the green light is on it means proceed to speak; the yellow light will go on when the speaker has 30 seconds remaining; the red light illuminated means stop. Those persons who speak should be prepared to give to the Clerk any written document that they want entered into the record. When I ask for speakers please raise your hand to indicate you wish to speak. We will start with a staff report. (Public gives testimony). Hearing no further comments on the proposed amendment to the ordinance, the public hearing is closed. . -f q~A...' r\1~IG REt'('\;)ij. r~i~VJ J{; II ^.', ,^ _\~~5\l1!}i\\-o~' Briefing Sheet on Ordinance Establishing Fee for Clean Water District August 10. 2009 Neil Harrin~on. Jefferson County Water Qualitv Program Manager A Clean Water District fee, as proposed, would raise approximately $88,OOOjyr that would only be spent on services that are linked to improving or maintaining water quality in shellfish growing areas. These funds would be tracked to insure that they are spent on appropriate programs and services as defined RCW 90.72.030 (shellfish protection districts): " This program shall include any elements deemed appropriate to deal with the nonpoint pollution threatening water quality over shellfish tidelands, including, but not limited to, requiring the elimination or decrease of contaminants in storm water runoff, establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly, assuring that animal grazing and manure management practices are consistent with best management practices, and establishing educational and public involvement programs to inform citizens on the causes of the threatening nonpoint pollution and what they can do to decrease the amount of such pollution." Currently we have projects providing these services in areas ofthe county that are funded through Centennial Clean Water Fund grants from the state of Washington, leveraging $1 of county funds to every $4 of service provided. These projects are described below. Discoverv Bav Clean Water Proiect This project is designed and implemented to specifically reduce fecal coliform pollution that was impacting shellfish tidelands in the southern part of the bay. This shellfish growing area was downgraded in 2007 and then subsequently reapproved for harvest in 2008 after fecal coliform levels were reduced. This project includes the Salmon and Snow Creek watersheds since the area ofthe bay with fecal coliform pollution is close to the mouths of these creeks. Jefferson County Public Health has an interlocal agreement with the Jefferson County Conservation District (JCCD) to implement agricultural best management practices and take the lead on fresh-water quality monitoring in this project. Activities that are ongoing under a state Centennial Clean Water Grant and could be funded by this fee, thereby leveraging $4 of services for every local dollar spent are: Implementing agricultural best management practices including fencing and off-stream watering troughs for livestock are implemented through JCCD. These actions reduce fecai coliform pollution linked to livestock; 1 . , . Pollution identification and correction activities directed at onsite septic systems (largely completed); Water quality monitoring (done cooperatively by JCPH and JCCD); Educating homeowners about the proper use and maintenance of their septic systems. Hood Canal Clean Water Prolect This project is designed to reduce fecal coliform pollution entering Hood Canal. Fecal coliform pollution directly impacts shellfish and is also associated with nitrogen loading that may be having an adverse impact on the oxygen levels in the canal. Activities that are ongoing under a state Centennial Clean Water Grant and could be funded by this fee, thereby leveraging $4 of services for every local dollar spent are: Pollution identification and correction directed at septic systems (shoreline surveys and door to door outreach to homeowners); Education and outreach to homeowners about the proper use and maintenance of their septic systems. Mats Mats Bay Clean Water Proiect This project is designed to reduce fecal coliform pollution in the Mats Mats Bay area that is impacting the shellfish growing area. Activities that are about to commence under a state Centennial Clean Water Fund grant and could be funded by this fee, thereby leveraging $4 of service for every local dollar spent are: Pollution identification and correction directed at septic systems (shoreline surveys and door to door outreach to homeowners); Water quality monitoring; Education and outreach to homeowners about the proper use and maintenance of their septic systems. Chimacum Creek Clean Water Proiect: This project is focused on improving water quality in Chimacum Creek. Water quality in the creek is impacted by high temperatures, low dissolved oxygen and fecal coliform pollution. Activities to reduce fecal coliform levels in the creek would be eligible because Chimacum Creek flows into marine water where there is harvest of shellfish. 2 . f Activities to reduce fecal coliform pollution would be eligible to use Clean Water District funding, and leverage state Centennial Clean Water Funding include: Implementing agricultural best management practices including fencing and off-stream watering troughs for livestock are implemented through the Jefferson County Conservation District. These actions reduce fecal coliform pollution linked to livestock; Education and outreach to homeowners about the proper use and maintenance oftheir septic systems; Water quality monitoring (implemented through the Jefferson County Conservation District); Pollution identification and correction directed at septic systems. Staff recommends clarifying in the ordinance in Section 03: Annual Fee, that this fee only be collected from parcels in the Clean Water District (eastern Jefferson County as defined by Hospital District #2). The amended section would read in full (addition underlined): Section 03: Annual Fee "A new section is hereby added to Chapter 8.65 of the Jefferson County Code, said section reading in its entirety as follows: There is hereby established for the Clean Water District a financing mechanism specifically a fee of Five Dollars ($5.00) per year per tax parcel within the Jefferson County Clean Water District as defined in Chapter 8.65 of the Jefferson County Code. except for parcels or lands described in Section 4 below." * *additional text underlined 3