PACKET: Commissioners Meeting at Mon, Oct 03, 09:00 AM

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Resolution Authorizing Application to WA Department of Ecology Water Quality Program for Port Hadlock Wastewater Project

Topic Summary

Jefferson County Public Works is seeking authorization to apply for $6.67 million in combined funding from the Department of Ecology's Water Quality Combined Funding Program (WQC) for the Port Hadlock Wastewater project. The funding, consisting primarily of a forgivable loan principal, is necessary to complete the Phase I sewer collection and conveyance system and connect initial users. The County recognizes it will likely need to service the resultant low-interest loan debt to maintain affordable sewer rates.

Key Points

  • The Port Hadlock Wastewater project is necessary to replace failing septic systems, improve water quality in impaired surrounding water bodies, and meet Growth Management Act (GMA) requirements for the Urban Growth Area (UGA).
  • The total estimated cost for construction (WWTP, WW Reuse Facility, Collection & Connections) is $33.55 million.
  • Existing secured funding totals $23.125 million, including $20 million from a State budget appropriation and $3.125 million from a federal Community Projects appropriation (plus $625,000 local match).
  • An additional $3.75 million in federal Community Projects appropriation (with $750,000 local match) is pending/likely.
  • The WQC program application is for Fiscal Year 2024 and is due by October 12th.
  • Due to Jefferson County's "elevated hardship" status, the structure of the WQC funding package allows for a maximum of 75% forgivable principal loan ($5 million) and the remaining 25% as a low-interest loan ($1.67 million).
  • Construction is planned to begin in early 2023.
  • Design, permitting, easements, and staff project management costs were previously covered by a $1.4 million State appropriation (exhausted as of Sept. 2022) and $1.9 million in County ARPA funds (of which $400,000 has been expended).

Financials

  • Total WQC Funding Request: $6.67 million
  • Forgivable Principal Loan (Grant): $5.0 million (75% maximum under "elevated hardship")
  • Low Interest Loan: $1.67 million (25%)
  • Loan Terms: Expected 20 years at 0.4% interest.
  • Annual Repayment Amount (for loan): $87,100 per year.
  • Current Construction Funding Secured: $23,125,000 ($20M state + $3.125M federal/local match)
  • Pending Construction Funding: $3,750,000 (federal) + $750,000 (local match)
  • Total Estimated Project Construction Cost: $33,550,000
  • Overall Funding Total (Secured + Pending + Applying): $36,595,000
  • Revenue - Expense Balance (Projected): $3,045,000 in surplus
  • Fiscal Impact Note: The County needs to be prepared to service the $87,100 annual low-interest loan debt, rather than adding it to customer sewer rates, to keep rates affordable.

Alternatives

  • None specified. The recommendation is to proceed with the specific WQC application.

Community Input

  • None specified.

Timeline

  • July 1, 2022 to June 30, 2023: Loan reimbursement period for audio/visual equipment in District Court (related to WQC application process for other departments).
  • September 23, 2022: Date of attached Estimated Construction Cost budget.
  • Early 2023: Planned start date for project construction.
  • October 12th: Deadline for submitting the Ecology WQC program application for State Fiscal Year 2024.

Next Steps

Public Works is authorized to make and sign the application to the Ecology Water Quality Combined Funding Program for $5 million forgivable principal loan and $1.67 million low-interest loan.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • Mark McCauley - County Administrator
  • Patty Murray - U.S. Senator (for EPA appropriation)
  • Derek Kilmer - U.S. Representative (for EPA appropriation)

Agreement for Youth-Led Beached Bird Surveys (COASST)

Topic Summary

Jefferson County Public Health (JCPH), Environmental Health Division, requested approval of a Personal Services Agreement with the University of Washington (UW) Coastal Observation and Seabird Survey Team (COASST). The agreement funds a pilot program for environmental research involving youth along the outer coast of Jefferson and Clallam counties to survey beached birds.

Key Points

  • COASST will conduct a pilot program to connect youth residing along the outer coast of Washington (Jefferson and Clallam counties) with experience in environmental research via the beached bird survey program.
  • The program involves two senior high school students or recent graduates who will adopt a local beach and conduct monthly surveys assisted by a local mentor.
  • Deliverables include: submitting names and contact information for interns/mentors (due July 1, 2022), hosting at least one intern/community training workshop (due May 1, 2023), two workshop presentations (due May 1, 2023), and a final report and all invoicing materials (due June 15, 2023).

Financials

  • Total Agreement Amount: Not to exceed $11,940
  • Funding Source: A grant from the Washington State Department of Wildlife (DFW) #21-18965.
  • Budget Breakdown:
    • Salaries and Benefits/Hourly Wages: $8,797 (Includes Particpant Coordinator wages and $3,200 stipend for each of 2 interns)
    • Supplies/Equipment (Survey kits): $50
    • Travel (Seattle to County, County to Seattle): $1,422
    • Indirect Expenses: $1,671

Alternatives

  • None specified.

Community Input

  • None specified.

Timeline

  • July 1, 2022: Agreement commencement date and deadline for submitting names/contact info for interns/mentors (Task 1a).
  • June 1, 2023: Agreement end date.
  • May 1, 2023: Deadline for hosting workshop and providing presentations (Tasks 1b and 1c).
  • June 15, 2023: Deadline for submitting final report and invoicing materials (Task 1d).

Next Steps

JCPH management recommends the Board of County Commissioners approve the agreement. (Approved under Consent Agenda.)

Sources

  • Pinky Feria Mingo - Environmental Health and Water Quality Director
  • Tami Pokorny - Natural Resources Program Coordinator
  • University of Washington - Contractor (Coastal Observation and Seabird Survey Team/COASST)
  • Washington State Department of Wildlife (DFW) - Grant provider (Grant #21-18965)

Community Wildfire Defense Grant Application Approval (DNR)

Topic Summary

Jefferson County staff requested approval to submit a Community Wildfire Defense Grant application for $175,000 to the Washington State Department of Natural Resources (DNR). The funding is sought to develop a Community Wildfire Protection Plan (CWPP), which the County currently lacks.

Key Points

  • Jefferson County is one of the few counties in Washington State without a Community Wildfire Protection Plan (CWPP).
  • Staff are seeking to develop a CWPP for Jefferson County.
  • The application amount developed with the help of DNR staff is $175,000.
  • The County's Fund 147 (Title III funds) currently holds approximately $200,000, which can be used to cover the cost of completing a CWPP.
  • The grant has a small match requirement, which staff anticipates can be met using general fund dollars, with Fund 147 covering any remaining costs beyond the grant and match.
  • Staff anticipates the cost of plan development will be at least $175,000.

Financials

  • Grant Application Amount: $175,000
  • Funding Source (Internal): Fund 147 (Title III funds) holding ~$200,000.
  • Match Requirement: Small match anticipated, to be covered by General Fund dollars.

Alternatives

  • None specified.

Community Input

  • None specified.

Timeline

  • None specified.

Next Steps

The Board of County Commissioners approved the submission of the Community Wildfire Defense Grant application to DNR (under Consent Agenda).

Sources

  • Michael Mark - Grants Administrator (mentioned in packet but not on signature page)
  • Washington State Department of Natural Resources (DNR) - Grant provider
  • Mark McCauley - County Administrator

Third Quarter 2022 Budget Appropriations/Extensions for Various County Departments

Topic Summary

The Board proceeded with a public hearing and subsequent approval of Resolution No. 45-22, ordering the Third Quarter 2022 Budget Appropriations/Extensions for various County departments. The budget changes were requested to address unanticipated revenues (such as grants and fees) and necessary expenses, resulting in a total net budget impact of over $1 million across General and Other Funds.

Key Points

  • The budget changes address unanticipated revenues and expenditures in departments.
  • The hearing was conducted in accordance with RCW 36.40.140, following notices published in the Port Townsend Leader on September 21 and September 28, 2022.
  • The total net budget impact (Expenditures minus Revenue) for the Third Quarter Appropriation is $1,003,456.
  • The largest portion of the net impact falls under "Other Funds" ($949,786).
  • The largest single expenditure appropriation is $235,000 for HJC Jump! (Fund 304) for improvements originally budgeted in 2023 but occurring in 2022.
  • The largest single General Fund appropriation is for the Clerk's Office ($188,684 one-time expenditure).

Financials

  • Total Q3 Appropriation (General Fund & Other Funds):
    • Total Revenue Appropriation: $508,528
    • Total Expenditure Appropriation (One-Time + On-Going): $1,511,984 ($1,505,983 + $6,001)
    • Total Net Budget Impact: $1,003,456
  • General Fund (Fund 001) Summary:
    • Total Revenue Appropriation: $251,381
    • Total Expenditure Appropriation: $305,051 ($299,050 One-Time + $6,001 On-Going)
    • Net Budget Impact (General Fund): $53,670
    • Notable General Fund Changes:
      • Clerk (001-050): $188,684 expenditure, partially offset by $148,684 in revenue (Net $40,000 impact).
      • Sheriff (001-180): $54,497 expense matched by $54,497 revenue (Net $0). This is for the FRT NAVIGATOR GRANT (July–Dec 2022).
      • District Court (001-080): $48,200 expense matched by $48,200 revenue (Net $0) for upgrading audio/visual systems via an AOC reimbursement agreement.
      • Treasurer (001-250): $6,001 increase for Clerk Hire position due to administrative data entry error in 2021 budget.
  • Other Funds Summary:
    • Total Revenue Appropriation: $257,147
    • Total Expenditure Appropriation: $1,206,933
    • Net Budget Impact (Other Funds): $949,786
    • Notable Other Fund Changes:
      • Public Health (127): $292,113 total expenditure appropriation (largest of Other Funds). Net impact of $178,065.
      • HJC Jump! (304): $235,000 appropriation for "Improvements" originally budgeted for 2023 but occurring in 2022.
      • Solid Waste (401): $143,500 increase for Long Haul contract (tonnage/CPI), City Yard Waste Fees (tonnages exceeding projections), and SW Education (customer signage for recycling revisions).
      • Federal Forest Title III (147): $100,000 appropriation for Fire Prevention (anticipated consultant to create a fire protection procedure for the county).
      • Employee Benefit Reserve (505): $220,170 increase for Post Employment Payouts due to multiple retirements of long-term employees with higher leave payouts.

Alternatives

  • None specified.

Community Input

  • None received during Call for Public Testimony related to the Third Quarter Budget Appropriations/Extensions.

Timeline

  • September 19, 2022: BOCC declared need for listed expenses.
  • September 21 and 28, 2022: Hearing Notice published in Port Townsend Leader.
  • October 3, 2022: Hearing held and Resolution No. 45-22 approved.

Next Steps

The County Auditor is directed to extend the budget of the listed funds by the specified amounts.

Sources

  • Judy Shepherd - Finance Manager
  • Mark McCauley - County Administrator
  • Ruth Gordon - County Clerk
  • RCW 36.40.140, 36.40.100
  • Washington State Administrative Office of the Courts (AOC)
  • Ruth Gordon - Jefferson County Clerk (for Clerk requests)
  • OLYCAP (for Community Services request)
  • JAVS (for District Court IT contract, referenced in AOC IAA23926)
  • Pinky Mingo - Environmental Health and Water Quality Director (for Public Health requests)
  • Harris Systems USA, Inc. / Carol Oberlohr (for GEMS software upgrade quote)

Lot of Record Ordinance Adoption and Land Use Code Amendments (JCC Title 18.10, 18.35, 18.40, New 18.12)

Topic Summary

The Board of County Commissioners adopted Ordinance No. 09-1003-22, which amends various chapters of the Jefferson County Code (JCC Title 18) to establish permanent regulations determining the legal status of lots (Legal Lot of Record/LLOR). This measure replaces a moratorium set to expire on October 4, 2022. The ordinance integrates the LLOR determination process into a new Site Development Review (SDR) process, addresses development eligibility for substandard lots, and updates Boundary Line Adjustment procedures.

Key Points

  • The ordinance amends Chapters 18.10 and 18.35 JCC, adopts new Chapter 18.12 JCC (Legal Lot of Record Determination), and adopts a new Article VII in Chapter 18.40 JCC (Site Development Review Process).
  • The action responds to the expiration of a prior moratorium (Ordinance 06-1011-21) on October 4, 2022, regarding the processing of applications requiring recognition of legal lots created prior to September 7, 1971. The Board confirmed it did not plan to extend the moratorium.
  • Key Change: The new Ordinance removes the requirement for a separate legal lot of record determination and integrates it into the Site Development Review (SDR) process (JCC 18.40, Article VII).
  • Fiscal Impact of LLOR Determination: By removing the separate application, no separate fee will be charged for the legal lot of record determination itself. Fees are expected to be offset by new SDR fees, making the fiscal impact "essentially fiscally neutral."
  • Buildability: A lot of record must be determined an LLOR and must receive SDR approval (JCC 18.40.440 et seq.) to be considered a "buildable lot."
  • Presumptions of LLOR:
    • Lots conforming to current zoning laws are presumed LLOR.
    • Substandard lots properly platted and approved by the county on or after August 11, 1969, are presumed LLOR (unless restricted from development). Staff analysis deemed this consistent with acceptable water quality risk.
  • Recording Requirements: Recording of the LLOR determination is no longer required for all approved Legal Lots of Record. Instead, recording is only required for lots determined NOT to be LLORs, specifically to prevent claims of "innocent purchaser for value" status (JCC 18.12.020). Landowners of approved LLORs may record the determination at their expense.
  • Substandard Lots: Owners of contiguous substandard lots as of the ordinance's effective date are generally required to aggregate (combine) them if possible, seeking to conform to the underlying zone density via Boundary Line Adjustment (JCC 18.12.070).
  • Residential Development Exception Criteria (JCC 18.12.080): A Type II application process for substandard lots remaining after aggregation attempts, requiring demonstration of: adequate public health provisions (sewage/water), adequate ingress/egress/drainage, owner did not create the substandard condition, inability to consolidate adjacent lots, and that the lot is adjacent to existing permitted residential development (or plat is substantially developed).
  • Prohibited Lots (JCC 18.12.060): Vacated rights-of-way, tidelands, access-only parcels, and parcels created merely for tax segregation are explicitly not considered legal lots of record.
  • Vesting: Neither LLOR determination nor SDR approval grants vesting rights for future development permits; vesting occurs only upon a complete development permit application being accepted (JCC 18.40.320).

Financials

  • None specified; fiscal impact expected to be "essentially fiscally neutral" through the implementation of reasonable fees for the new Site Assessment Review process.
  • No separate fee will be charged for the LLOR determination.

Alternatives

  • Staff provided a revised draft ordinance in response to Board direction on September 26, 2022, specifically removing the separate LLOR determination section (JCC 18.12) originally proposed by the Planning Commission.

Community Input

  • Planning Commission recommended continuation of outreach/engagement for these proposed regulations, expressing concern that "all affected property owners have not been fully informed."
  • The ordinance notes that public participation indicated a desire for site development review as a component of the LLOR process.

Timeline

  • October 4, 2021: Original moratorium (Ordinance 05-1004-21) adopted.
  • October 11, 2021: Superseding moratorium (Ordinance 06-1011-21) adopted.
  • August 24, 2022: SEPA Responsible Official issued a Determination of Non-Significance (DNS).
  • September 15, 2022: Planning Commission transmitted its final recommendation.
  • September 26, 2022: BOCC held public hearing and directed staff revisions.
  • October 3, 2022: Continued deliberations resulted in the adoption of Ordinance No. 09-1003-22.
  • October 4, 2022, 12:01 a.m.: Effective date of the Ordinance/end of Moratorium.

Next Steps

The Ordinance was adopted, establishing the new regulatory framework. Staff noted prior plans to prepare for implementation after the ordinance's passage.

Sources

  • Philip Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • Barbara Ehrlichman - Civil Deputy Prosecuting Attorney
  • Brent A. Butler, AICP - Community Development Director
  • Josh D. Peters, AICP - Community Development Deputy Director
  • Bryan Benjamin - Community Development Assistant Planner
  • Pinky Mingo - Environmental Health Director
  • Ruth Gordon - County Clerk (on behalf of Assessor Jeff Chapman and Sherrie Shold, thanked for assistance)
  • Washington State Department of Commerce (conducted review as required by RCW 36.70A.106)
  • Relevant Laws: RCW 58.17.210, RCW 58.17.300, RCW 36.70B.020, RCW 36.70A.030, WAC 246-272A-0320.

American Rescue Plan Act (ARPA) Funding Allocation Update

Topic Summary

The County Administrator provided an update on the allocation of American Rescue Plan Act (ARPA) funding that Jefferson County is set to receive across Fiscal Years 2022 and 2023. At least $1 million of the total funds have already been committed to two housing non-profits.

Key Points

  • Jefferson County is scheduled to receive $1.692 million in ARPA funding in Fiscal Year 2022 and another $1.692 million in Fiscal Year 2023.
  • $1 million of the funds have already been committed to housing projects:
    • Habitat for Humanity in Port Hadlock: $500,000
    • Evans Vista in Port Townsend: $500,000

Financials

  • Total ARPA Funding Anticipated: $3.384 million (Total of $1.692M in FY 2022 + $1.692M in FY 2023)
  • Committed Funds: $1.0 million

Alternatives

  • None specified.

Community Input

  • None received during Public Comment Period related to the Legislative Update/ARPA discussion.

Timeline

  • November 7, 2022: Proposed date for a workshop to discuss additional ARPA fund usage.

Next Steps

A workshop is scheduled for November 7, 2022, to discuss further usage of ARPA funds.

Sources

  • Mark McCauley - County Administrator
  • Kate Dean - District 1 Commissioner

Legislative Priorities and Advocacy Positions (NOLA, WSAC, AWC)

Topic Summary

Commissioner Dean discussed upcoming legislative priorities and advocacy positions being developed by the North Olympic Legislative Alliance (NOLA), Washington State Association of Counties (WSAC), and Association of Washington Cities (AWC). Key areas of focus include funding extensions, behavioral health, public safety, and addressing systemic issues affecting rural communities.

Key Points

  • WSAC Legislative Steering Committee (LSC) Priorities (Voted Top 4): LSC staff will prioritize these four issues for the 2023-2024 legislative agenda:
    1. Pursue extension of the rural counties’ public facilities tax (.09) for bonding purposes (56.52% of vote).
    2. Establish a statewide standard for behavioral health (BH) network adequacy and timeliness of care and ensure the system is supported (43.48% of vote).
    3. Seek funding for jails (capital facilities, workforce, inmates from state agencies, etc.) (43.48% of vote).
    4. Request funding and a process to identify the potential benefits of a state and federal fund exchange/swap program (39.13% of vote).
  • AWC Board Adopted 2023 Legislative Agenda - Priority Issues:
    • Blake Decision Response: Support investments for costs related to conviction vacation, LFO repayment, ongoing diversion programs, and municipal court impacts. Seek clarification on the crime of possession and revise the current two-referral system prior to criminal charges.
    • Public Safety Vehicular Pursuits: Support clarification allowing vehicular pursuits using a reasonable suspicion standard to address public safety concerns.
    • Infrastructure Funding: Fully fund the Public Works Assistance Account (PWAA) by allowing revenue diversions to sunset by end of FY 2023 and expanding state funding for local infrastructure maintenance/operations.
    • Housing: Support new tools, incentives, and revenues for increasing housing supply and affordability, including state funding for the lowest income levels.
    • Behavioral Health: Support greater access to substance abuse and dual diagnosis treatment facilities, along with continued state funding for alternative response programs (e.g., co-responder teams).
  • AWC Board Adopted 2023 Legislative Agenda - Significant Issues: Includes revising the property tax cap (tying it to inflation up to 3% and population growth), identifying sustainable transportation funding (like Road Usage Charge/RUC), supporting public safety funding (continuation of $20M for police reform, law enforcement training), and exploring ways to reduce impacts of abusive public records requests.
  • White Paper: State Programs and Policies that Negatively Impact Rural Communities:
    • The methodology for ESD's Occupational In Demand List favors large Workforce Development Areas (WDA) like Kitsap County (129K employees), making data for smaller counties like Clallam (29K) and Jefferson (13K) less relevant and causing funding inequity for rural professional training.
    • Lack of public access to aggregate business data (NAICS codes) from state agencies (DOR, ESD, LNI, DOL) prevents rural localities from competing for competitive grants.
    • High bonding costs for small businesses (7% vs. 1.5% for large businesses) and prevailing wage rates established by King County CBAs artificially increase public works costs in rural areas and favor urban contractors, leaking local tax dollars out of the community.
    • Recommendations to address systemic barriers include: directing L&I to post all CBAs setting prevailing wage rates and a "heatmap" of formal apprentices; directing data sharing between state agencies and counties (via ADOs on a secured server); funding a Financial Inclusiveness Program for underserved counties; and requiring Public Works Contractors to hire local qualified subcontractors for 50% of work when available.

Financials

  • PWAA Funding: AWC supports fully funding the Public Works Assistance Account and letting current revenue diversions sunset end of FY 2023.
  • Public Facilities Tax (.09): WSAC prioritizes pursuing the extension of this tax for bonding in rural counties.
  • Public Safety Funding: AWC seeks continuation of $20 million funding from 2021-2023 biennium to offset police reform implementation costs.
  • Housing: AWC advocates for increased Housing Trust Fund (HTF) grants for small and medium-sized jurisdictions in rural areas.

Alternatives

  • WSAC LSC voting results showed other competing priorities, including pursuing funding for fish barrier removal (30.43%) and moving the veteran's assistance and MH/DD levies outside the county general fund levy (26.09%).

Community Input

  • None received during Public Comment Period related to the Legislative Update.

Timeline

  • 2023-2024: Target window for WSAC legislative agenda items.
  • November: WSAC membership will vote to approve the 23-24 legislative agenda at the County Leaders Conference.
  • End of Fiscal Year 2023: Expected sunset of current Public Works Assistance Account revenue diversions.
  • July 2023: Beginning of new formal apprenticeship requirement for electrical contractors on commercial projects.

Next Steps

Staff will further develop the legislative agenda utilizing the top four WSAC issues for presentation and approval by the full WSAC membership in November. The BOCC needs to discuss the end of Governor Inslee's COVID-19 proclamation with staff prior to October 31, 2022, with a tentative workshop set for October 10, 2022.

Sources

  • Kate Dean - District 1 Commissioner
  • Mark McCauley - County Administrator
  • Paul Jewell - Policy Director, Washington State Association of Counties (WSAC)
  • Washington State Association of Counties (WSAC) Legislative Steering Committee (LSC)
  • Association of Washington Cities (AWC) Board
  • State Agencies referenced: DOR, ESD, LNI, DOL, OSPI, Department of Ecology (Ecology)
  • Referenced Laws: RCW 58.17.300, RCW 19.27.097, RCW 36.70A.040, RCW 58.1.040(6)

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