MEETING: Commissioners Meeting at Mon, Mar 11, 09:00 AM

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JEFFERSON COUNTY BOARD OF COMMISSIONERS MEETING SUMMARY

MEETING DATE: 2024-03-11

Public Comments on Unagendized Matters

Metadata

  • Time Range: 00:02:19.211–01:06:53.764
  • Agenda Item: Public Comments
  • Categories: services, housing, land use, planning, public safety, operations, other

Topic Summary

Public comments addressed the imminent closure of the Monroe Street Shelter and the resulting housing vulnerability, proposing short-term solutions like supported encampments and portable sanitation; concerns were raised about the proposed Shoreline Master Program (SMP) update, arguing that it favors waterfront development over shellfish aquaculture; and opposition was expressed regarding a proposed Aquatic Center Task Force, arguing it is redundant and a misuse of public funds. A request was also made to continue the monthly partnership with KPTZ for public health and emergency management reports.

Key Discussion Points

  • Homelessness/Shelter Closure (Maggie, Ms. Cochran): Maggie outlined the severe needs resulting from the Monroe Street Shelter closing on March 31, including the development of three main camps (City Hall, golf course, Transit Center). She asked the city and county to fund potable toilets at each camp for nighttime use (00:06:22.684). Ms. Cochran reported that the recent shelter strategy meeting only outlined the problem, stating there is no foreseeable plan for a new shelter (00:16:59.459). She proposed focusing on keeping the Winter Welcoming Center open year-round and supporting established encampments with health department resources (port-a-potties and dumpsters) (00:18:27.106).
  • Shoreline Master Program (SMP) Update (Mr. King, Marilyn Showalter): Mr. King expressed disappointment that the update favors waterfront development over shellfish farming, citing that shellfish aquaculture has a 125-year history in the county and is not the cause of environmental degradation (00:07:37.731). He argued the draft SMP is inconsistent with neighboring Mason County, which has a shellfish-friendly SMP and associated jobs (00:08:23.076). Marilyn Showalter tied changes in science (microplastics in placentas, PCB being considered a priority carcinogen) to the need for Conditional Use Permits (CUPs) for grandfathered, non-conforming shellfish uses, especially given the continuous and revolving nature of these practices (00:12:13.565).
  • Aquatic Center Task Force/PFD (Mr. Teersch, Shelley Arnell): Shelley Arnell asserted the proposed task force is redundant, wasteful of taxpayer money, and deceptive regarding its stated claim of "no fiscal impact" due to staff time diverted from essential tasks (00:19:36.993). Mr. Teersch recognized the posting of the task force work plan on the county website (00:15:28.440).

  • Public Health Reporting (Sherry Van Hoover): Ms. Van Hoover requested the continuation of the monthly public health and emergency management report partnership with KPTZ, citing its value in building community understanding and trust (02:50:52.446).

  • Commissioner Responses: Commissioner Brotherton noted the recent legislative session included $25 million statewide to backfill recording fee shortages, which could be a source for shelter funding (00:37:45.076). Commissioner Eisenhower and Commissioner Brotherton agreed that the shelter funding crisis warrants a dedicated workshop, possibly next week, to discuss funding, new organizational models, and specific ideas for supported encampments (00:24:14.676). Commissioner Brotherton noted that the legal requirements regarding camping on public property mean that if a specific place is offered to shelter people and they decline, they "are not legally justified in camping on public property" (00:30:02.326).

Public Comments

  • Maggie: Outlined the closing of Monroe Street Shelter (March 31) and the three expected resulting camps (City Hall, golf course, transit center). Requested the city and county contribute to providing portable toilets at night (00:41:678).
  • Mr. King: Criticized the draft SMP for penalizing shellfish aquaculture (requiring full CUP for geoduck farming) while easing permitting for other shoreline activities, despite aquaculture not being the cause of environmental degradation (00:09:40.949).
  • Marilyn Showalter: Advocated using the CUP process for non-conforming shellfish farms to integrate current, changing environmental science (microplastics, carcinogens) into renewal processes (00:13:35.351).
  • Mr. Teersch: Thanked staff for improving the Ferry Advisory Committee's web presence (00:14:40.769). Contended the Aquatic Center Task Force is redundant and questioned the continued function of the Steering Committee after its interlocal agreement expired (01:55:02.920).
  • Julia Cochran (Pocket Lane): Stressed the urgency of the shelter crisis and supported focusing on keeping the Winter Welcoming Center open and using the Health Department to support existing encampments with sanitation (01:17:04.1.
  • Shelley Arnell (Brandon): Called the Aquatic Center Task Force redundant and an inappropriate use of taxpayer money, framing the pool issue as a "Trojan horse" to establish a Public Facilities District (PFD) (00:19:09.838).
  • Sherry Van Hoover (Port Hadlock): Requested continuation of the monthly KPTZ public health and emergency management reports as a valuable service that builds community trust and knowledge (00:22:44.149).
  • Diane McDade (President, Jepco Aquatic Coalition): Expressed support for the Task Force motion and clarified that the Aquatic Coalition Board operates by consensus on appointments, not solely by the President (01:54:11.728).

Supporting Materials Referenced

  • The conversation referenced the draft Shoreline Master Program (SMP) and underlying staff reports/recommendations, though documents were not provided (00:07:54.130).
  • The discussion implicitly referenced the Ballard King Report regarding aquatics facilities (01:56:57.185).

Financials

  • Shoreline Master Plan: Mentioned Jefferson County Clean Water District brings in "hundreds of thousands of dollars annually" (00:07:37.731).
  • Shellfish aquaculture: Associated with hundreds of jobs in Mason County (00:08:23.076).
  • Aquatic Center Task Force: Claims of "fiscal impact, none" were labeled deceptive by public comment, implying staff time is a cost (00:19:49.742). Commissioner Brotherton categorized staff time use as a "dimensionless expense," as they prioritize pre-budgeted staff time (00:34:12.362).

Alternatives & Amendments

  • Shelter: Proposed alternatives included reliance on religious organizations (like JIAC) to sponsor safe camping (01:17:57.103) and finding a faith-based model for a summer shelter (00:45:21.369).
  • Aquatic Center: No alternatives or amendments were voted upon during the public comment period.

Outcome, Vote, and Next Steps

  • Decision: Discussion only.
  • Vote: No vote taken.
  • Next Steps:
  • - Commissioner Brotherton/Staff: Explore scheduling a workshop next week on shelter options, funding sources (including potential state backfill of recording fees), and supporting encampments (00:37:45.076).
  • - Commissioner Brotherton: Reiterate support for grounding future SMP discussion (March 25) back in the Planning Commission recommendation (00:24:20.052).
  • - Staff/Commissioners: Continue the monthly public health update on KPTZ due to expressed community support (00:37:10.118).

Public Health and Emergency Management Update

Metadata

  • Time Range: 00:47:09.832–01:19:02.427
  • Agenda Item: Public Health and Emergency Management Report
  • Categories: public safety, services, personnel

Topic Summary

Dr. Barry, Public Health Officer, provided an update on respiratory viruses and changes to COVID-19 isolation guidance from the CDC. Nationally, COVID-19, flu, and RSV are trending down, but locally, COVID-19 transmission and hospitalizations have increased, likely due to long-term care outbreaks. Emergency management reported no major recent weather events and is preparing for the summer wildfire season, encouraging residents to sign up for Nixon alerts.

Key Discussion Points

  • COVID-19 Status and Guidance (Dr. Barry): Locally, COVID-19 activity is marked by increased hospitalizations due to long-term care outbreaks and sustained transmission visible in wastewater levels (00:48:06.705). The CDC changed isolation guidance to: stay home when sick and stop isolating once symptoms improve (00:49:23.234). Dr. Barry emphasized that the science has not changed—individuals can be contagious up to 10 days after symptoms begin (00:50:00.406). She noted COVID-19 is 10 times more likely to result in hospitalization and 3 times more likely to result in death than the flu (00:50:30.372).
  • Vaccinations and Testing (Dr. Barry): The CDC/ACIP recommended an additional COVID-19 vaccine dose for those over 65 if it has been more than 4 months since the last one, as older immune systems maintain protection less effectively (00:52:06.282). COVID-19 tests are still available free of charge at the Public Health Department, South County fire stations, the library, and the bookmobile (00:55:06.517).
  • Emergency Management (Willie Bence): The County has experienced typical winter weather with a few power outages but nothing severe (01:11:06.536). Preparation is shifting to summer wildfire season, noting that snowpack is low (01:11:28.135). Willie Bence promoted the Nixel text alert service for emergency updates, which sends approximately one alert per week (01:13:22.759).
  • Drought and Emergency (Commissioner Brotherton/Willie Bence): Commissioner Brotherton asked what level of drought or low snowpack would trigger a state or local emergency declaration. Willie Bence did not know of any automatic local triggers but would follow up (01:15:26.836).

Public Comments

  • No public comment was taken during the report.

Supporting Materials Referenced

  • The report referenced CDC/ACIP recommendations (00:52:06.282).

Financials

  • No financial information discussed.

Alternatives & Amendments

  • Emergency Management: Willie Bence noted that Nixel offers the ability for users to customize alert levels, so they only receive high-impact alerts like tsunami advisories, reducing alert fatigue (01:17:44.258).

Outcome, Vote, and Next Steps

  • Decision: Informational update.
  • Vote: No vote taken.
  • Next Steps:
  • - Willie Bence: Follow up on what drought level or reduced water availability would trigger an emergency declaration (01:15:30.209).
  • - Dr. Barry/Public Health: Continue the monthly public health report due to expressed community value (00:56:33.608).

Metadata

  • Time Range: 00:41:52.783–00:44:15.082
  • Agenda Item: Consent Agenda
  • Categories: contracts, permits, infrastructure, planning, budgeting

Topic Summary

The Board reviewed and approved the consent agenda, which included numerous culvert replacement road projects focused on fish passage and infrastructure upgrades, funding for ADA technology for the Key City Public Theater, and personnel appointments/vacancies to the Planning Commission.

Key Discussion Points

  • Road Projects/Fish Passage: Commissioner Eisenhower praised the number of "road projects" and "salmon benefit" tied to the culvert replacement initiatives (00:42:02.306). Documents show five culvert replacement projects (Duckabush, Donkey Creek, Hell Roaring Creek, Lindner Creek, Snell Creek) and the Big Quilcene River Bridge Replacement were initiated on this agenda, largely funded by external grants (NOAA/RAISE) and managed by partners like Trout Unlimited and Hood Canal Salmon Enhancement Group, with County Road Fund contributions for coordination totaling $7,500 for two projects.
  • ADA Improvements: Commissioner Brotherton noted the approval of ADA accessibility improvements for Key City Public Theater and questioned whether the County should apply for similar grant funding to replace the non-functional hearing assist system in the County chambers (00:42:47.902).
  • Planning Commission: The agenda included two DCD requests which were approved: the reappointment of Ahren Stroming (District 1) and authorizing DCD to advertise the vacancy for District 3 following the resignation of Michael Nilssen (00:43:18.637).

Public Comments

  • No public comment taken on the consent agenda items separated by discussion.

Supporting Materials Referenced

  • The packet listed numerous road project resolutions (Duckabush, Donkey Creek, Hell Roaring Creek, Lindner Creek, Snell Creek, Big Quilcene River Bridge) initiating externally funded fish passage and bridge/culvert replacement construction (00:42:02.306).
  • The Key City Public Theatre ADA Technology Agreement was noted, funded by a $13,750 ACAC grant (00:42:30.934).

Financials

  • The road projects involved County Road Fund contributions totaling $7,500 in Preliminary Engineering out of five culvert/bridge projects (Duckabush and Lindner Creek required no County funds). The Big Quilcene project required $30,000 from the Road Fund for coordination, to be matched by $40,000 from the RAISE grant.
  • An ADA Technology agreement for Key City Public Theatre for $13,750 was approved, funded by the Accessible Community Advisory Committee (ACAC) Grant (00:42:30.934).

Alternatives & Amendments

  • No alternatives were seriously discussed.

Outcome, Vote, and Next Steps

  • Decision: Approved the consent agenda.
  • Vote: Unanimous.
  • Next Steps:
  • - Staff: Advertise the Planning Commission vacancy for District 3 (00:43:18.637).
  • - Staff: Finalize contracts for road projects and key consultant services (00:42:02.306).

Congressional Earmark Requests (Mill Road/OlyCAP Shelter)

Metadata

  • Time Range: 00:44:15.082–00:47:04.379
  • Agenda Item: Perfunctory Discussion
  • Categories: infrastructure, planning, housing, operations, contracts

Topic Summary

The Board discussed coordinating with the City of Port Townsend (City) and Public Works to pursue two immediate earmark requests: one for the Mill Road roundabout design and one for the OlyCAP shelter construction. The deadline for these applications is stringent, requiring quick action and coordination with congressional delegation staff.

Key Discussion Points

  • Mill Road Roundabout Design (Commissioner Eisenhower): There is concern that WSDOT, in designing the Mill Road roundabout alone, might create a design that "does not fit the needs or desires of this community" (00:44:49.293). The goal is to submit an earmark application to design a better, community-integrated roundabout (00:45:09.470).
  • OlyCAP Shelter Construction Earmark: The City's public works department is interested in pursuing a congressional earmark to fund the construction of a new shelter facility managed by OlyCAP (00:46:07.974). Commissioner Brotherton confirmed the intent to "pull the trigger" and move forward quickly to meet the application deadline (00:45:45.122).
  • Transportation/Caswell-Brown Village: Coordination with Jefferson Transit is necessary to determine options for transportation from Caswell-Brown Village (a tiny shelter and RV village) into town, questioning whether the existing trail is the "only viable option" (00:46:53.361).

Public Comments

  • No public comment on this topic.

Supporting Materials Referenced

  • No supporting materials referenced.

Financials

  • The discussion covers seeking federal earmark funding, though specific amounts for the requests were not provided.

Alternatives & Amendments

  • No alternatives discussed.

Outcome, Vote, and Next Steps

  • Decision: Informal approval was given to pursue two congressional earmark applications (Mill Road Roundabout design/OlyCAP Shelter Construction) (00:46:33.478).
  • Vote: No formal vote taken.
  • Next Steps:
  • - Staff/Commissioners: Schedule a meeting with district staff from congressional delegations ASAP (within a week) (00:45:45.122).
  • - Staff: Identify the best contact person at OlyCAP for the shelter construction earmark.
  • - Staff/Transit: Investigate alternative transportation options from Caswell-Brown Village (00:46:53.361).

Proclamation: Sunshine Week (March 10-16, 2024)

Metadata

  • Time Range: 01:20:17.286–01:24:45.308
  • Agenda Item: Proclamation
  • Categories: policy, operations, other

Topic Summary

The Board formally read and adopted a proclamation declaring March 10-16, 2024, as Sunshine Week, affirming the County’s dedication to transparency and public accessibility, noting improvements such as hybrid meetings and expanded public comment periods.

Key Discussion Points

  • Commitment to Transparency (Commissioner Brotherton): Commissioner Brotherton stated that achieving open government is a practice that requires constant effort and training, and acknowledged that the County is not "perfect on" it (01:21:01.153).
  • Public Engagement: The discussion noted the difficulty in rebuilding public participation habits following the COVID-19 pandemic, observing the "empty room" during meetings despite having many community members interested in talking at other local venues (01:22:13.466).
  • County Standing (Commissioner Eisenhower): Commissioner Eisenhower expressed pride that Jefferson County does a better job on accessibility and transparency than most counties in the state and is committed to implementing both the "letter of the law and the intent of the law" (01:22:29.908).

Public Comments

  • No public comment taken on this item.

Supporting Materials Referenced

  • The official Proclamation text was read into the record (01:22:52.099).

Financials

  • No financial information discussed.

Alternatives & Amendments

  • None discussed.

Outcome, Vote, and Next Steps

  • Decision: Adopted the Proclamation (01:24:27.053).
  • Vote: Unanimous (Ayes: 3).
  • Next Steps: No next steps specified.

Healthier Together Task Force – Scope of Work and Recruitment

Metadata

  • Time Range: 01:25:06.927–02:05:11.084
  • Agenda Item: Task Force Scope of Work
  • Categories: planning, contracts, budgeting, services

Topic Summary

The Board, joined by City of Port Townsend staff (Kerry Hite and John Morrow), reviewed and approved the scope of work and recruitment notice for the Healthier Together Task Force (Aquatic Center Task Force). Discussion centered on broadening the scope to include hybrid/outdoor pool models, and clarifying the composition of the recruited members and the reporting structure.

Key Discussion Points

  • Outdoor/Hybrid Pool Scope (Commissioner Brotherton): Commissioner Brotherton advocated for seriously considering outdoor/hybrid pool options, citing the success of year-round social outdoor pools in Iceland and observing successful conversions of outdoor pools to covered pools in Washington. Kerry Hite confirmed that existing facilities can be covered by sprung construction later (01:41:03.360).
  • Scope of Work Amendments: The final scope was amended to broaden the research on construction methods and costs from solely focusing on the Port Hadlock UGA to addressing alternative construction methods and overall operations throughout Jefferson County (01:34:34.451).
  • Composition and Residency: The recruitment notice was updated to specify that the two at-large members representing the Jeffco Aquatic Coalition must be "residents of unincorporated Jefferson County" (02:02:12.498), addressing concerns that membership might include non-county residents.
  • Task Force Reporting: The Task Force is designed to report to three entities: the continuing Healthier Together Steering Committee, the City of Port Townsend, and the Board of County Commissioners (01:59:01.491). City Director Kerry Hite offered to serve as a consultant rather than a formal member if needed, though the plan retained her in a staff role (02:00:25.286).
  • Task Force Redundancy (Public/Mr. Teersch): Public concerns about redundancy were noted, with Mr. Teersch arguing that the Steering Committee technically ceased to exist (01:55:02.920). Commissioner Brotherton defended the continuation of the Steering Committee in an "ad hoc" capacity to ensure good faith effort and coordination (01:59:39.317).

Public Comments

  • - Diane McDade (President, Jepco Aquatic Coalition): Supported the motion as amended and clarified that their two appointed members would be selected by consensus of the Jeffco Aquatic Coalition board, not solely by the President (01:54:11.728).
  • - Mr. Teersch: Argued that the Task Force is a County activity and should exclude city personnel/committee structures since the Interlocal Agreement expired (01:55:02.920). Also noted that the current market survey (Ballard King report) used previously was inadequate for the project's valuation (01:56:57.185).

Supporting Materials Referenced

  • The draft Task Force Scope of Work and Recruitment Notice were reviewed and edited live during the discussion (01:26:07.202).

Financials

  • The goal is to fund a pool facility (01:47:49.531). The Task Force's work includes assessing "overall operations and life cycle costs" of construction methods, informing future financial decisions (01:36:13.364).

Alternatives & Amendments

  • Amendment 1 (Scope): Item 2 was broadened from specifically reviewing Sprung construction to exploring the "viability of alternative construction methods in Jefferson County" including sprung and pool enclosures (01:34:41.009).
  • Amendment 2 (Composition): The two at-large members were clarified to be "residents of unincorporated Jefferson County" (02:02:12.498).
  • Amendment 3 (Timeline): The final report completion date was confirmed as June 2024 (01:47:49.531).

Outcome, Vote, and Next Steps

  • Decision: Approved the proposed scope of work and recruitment publication as edited today (01:52:46.718).
  • Vote: Unanimous (Ayes: 3).
  • Next Steps:
  • - Carolyn Gallaway: Publish the recruitment notice for a two-week period, starting mid-week to accept appointments/letters of interest (01:26:36.028).
  • - Commissioners: Review letters of interest and appoint new members by early April (01:27:28.280).

Official County Newspaper of Record Selection

Metadata

  • Time Range: 02:05:31.224–02:13:14.517
  • Agenda Item: contracts, operations
  • Categories: Comparison and Decision on Official County Newspaper of Record

Topic Summary

The Board reviewed bids from The Port Townsend-Jefferson County Leader (The Leader) and the Peninsula Daily News (PDN) to serve as the Official County Newspaper of Record for a term beginning July 1, 2024. Despite The Leader having a higher cost per column inch, the Board unanimously awarded the contract to The Leader based on its significantly higher print circulation and purported community penetration.

Key Discussion Points

  • Circulation and Statutory Requirement (Commissioner Eisenhower): The selection criteria is the "best and lowest responsible bidder" prioritizing "widest publicity" (02:07:06.752). The Leader's print circulation (5,763) is over four times greater than PDN's (1,392) within Jefferson County (02:09:59.259).
  • Cost vs. Visibility: Although the PDN had a lower cost per column inch ($7.90 vs. $10.00 for The Leader) and cheaper sample legal notices, The Leader was seen to provide the necessary local saturation to meet the widest publicity standard (02:11:07.853).
  • Digital Notice: The Leader noted they will not post legal notices on social media, but both papers use the statewide public notice site, which satisfies legal requirements (02:07:49.619). The data provided for web traffic suggested that The Leader has significantly more hits for legal notices (96,000 monthly average for legal versus 400 for PDN, though this discrepancy was noted) (02:11:41.344).
  • Importance of Local Media (Commissioner Brotherton): The importance of supporting the local and independent newspaper was noted, particularly given the trend of fewer communities having local media, which leads to lower civic education and turnout (02:12:43.216).

Public Comments

  • - Mr. Teersch: Stated The Leader is "not a very good source of information" due to its low circulation relative to the population. Requested that if The Leader is chosen, the County must prioritize social media outreach (02:10:16.614).

Supporting Materials Referenced

  • Bid comparison metrics for print circulation, electronic subscriptions, and cost per column inch were reviewed (02:09:59.259).

Financials

  • The Leader's cost per column inch ($10.00) is higher than the PDN's ($7.90) (02:06:48.984).
  • The contract will start on July 1 (02:13:14.517).

Alternatives & Amendments

  • The primary alternatives were awarding the contract to The Leader or PDN (02:12:58.226).

Outcome, Vote, and Next Steps

  • Decision: Approved to select The Port Townsend-Jefferson County Leader as the Official County Newspaper of Record (02:13:07.304).
  • Vote: Unanimous (Ayes: 3).
  • Next Steps:
  • - Carolyn Gallaway: Draft the contract for Board approval on March 18 (02:13:14.517).

Public Works: Transfer Station and Quilcene Drop Box Hours Increase

Metadata

  • Time Range: 02:54:18.265–03:12:00.565
  • Agenda Item: operations, services, budgeting, personnel
  • Categories: Solid Waste Transfer Station Self-Haul Hours Increase

Topic Summary

The Public Works Department requested and received approval to increase operational hours for self-haul customers at both the Solid Waste Transfer Station and the Quilcene drop box, effective April 2, 2024. The hours were added (3 hours weekly at the Transfer Station and 2 hours weekly at Quilcene) due to successful staff recruitment and improved retention, resulting from the new CBA contract and better work culture. The Quilcene facility aims to reach a break-even financial standing.

Key Discussion Points

  • Increased Hours: The Transfer Station hours will shift earlier, from 9 a.m. to 8:30 a.m., totaling 40.5 hours weekly. Quilcene drop box hours will increase slightly and be consolidated to Thursday, Friday, and Saturday (02:56:04.601).
  • Staffing and Retention (Al Cairns/Justin): The increase is possible because the Solid Waste Division overcame a low staffing point due to higher wages in the collective bargaining agreement (CBA) and a vastly improved work environment (03:00:43.384). New hires are largely coming from word-of-mouth recommendations by existing staff (03:08:17.003).
  • Quilcene Facility Financials (Al Cairns): The Quilcene drop box has run at a deficit for the past five years (last year, $22,000 deficit), leading to the consolidation of operational days to work toward a break-even financial standing by the end of the year (03:00:06.886).
  • Minimum Fee Rationale (Al Cairns): The minimum two-can fee at Quilcene is maintained because the facility needs to collect a "basic bottom end of the revenue stream" to avoid being subsidized by Jacob Miller Transfer Station customers (02:59:24.709).
  • Staff Recognition (Al Cairns/Commissioners): Solid Waste Manager Al Cairns and the Commissioners recognized Operations Coordinator Justin for his exceptional work, often outside of normal hours, in training new staff and implementing technological and physical improvements (03:04:02.769).

Public Comments

  • No public comment was provided.

Supporting Materials Referenced

  • The request was based on JCC 8.10.060, requiring Board approval for hours of operation (02:56:04.601).

Financials

  • Quilcene deficit: ~$22,000 last year. Total operational deficit over five years (02:59:58.995).
  • Fiscal impact: No additional budget impact anticipated due to efficiency and staffing retention (03:00:24.401).

Alternatives & Amendments

  • No alternatives discussed. Commissioner Brotherton briefly inquired about lowering the two-can minimum at Quilcene, but accepted the explanation that maintaining the current minimum is necessary to ensure the facility meets its revenue threshold (02:59:32.973).

Outcome, Vote, and Next Steps

  • Decision: Approved the revised hours of operation for the Solid Waste Transfer Station and Quilcene drop box (03:01:28.528).
  • Vote: Unanimous (Ayes: 3).
  • Next Steps:
  • - Public Works: Implement revised hours starting April 2, 2024 (02:56:04.601).

FEMA Community Assistance Visit (CAV) Follow-up and Community Rating System (CRS) Discussion

Metadata

  • Time Range: 03:35:14.632–04:53:51.307
  • Agenda Item: planning, operations, land use, budgeting
  • Categories: FEMA CAV Follow-up and CRS Discussion

Topic Summary

The Department of Community Development (DCD), represented by Brent Butler and Phil Cecere, presented findings from the 2023 FEMA Community Assistance Visit (CAV) and sought guidance on enrolling in the voluntary Community Rating System (CRS). CRS enrollment requires adopting mandatory ordinance changes, tightening record-keeping procedures (to mitigate issues from the 300 hours spent on the CAV audit), and implementing optional activities to reduce flood insurance costs by up to 5% per class improvement. Staff intends to proceed with the entire ordinance revision through the Planning Commission, with a final decision on CRS enrollment coming before the Board in late April.

Key Discussion Points

  • Regulatory Framework: The National Flood Insurance Program (NFIP) regulates development in the Special Flood Hazard Area (SFHA, 100-year flood zone) to reduce property risk (03:37:38.416). Jefferson County has 650 to 700 properties in the SFHA (04:19:52.204).
  • Substantial Improvement: Any improvement (including hardwood floors, fixed elements) costing over 50% of the structure's value ("substantial improvement") triggers the mandatory elevation of the structure to current standards (one foot above Base Flood Elevation, or BFE, per state code) (04:10:47.315). Forgoing flood insurance denies property owners federal disaster relief funds (04:12:53.781).
  • Community Rating System (CRS): CRS is a voluntary FEMA program that ties compliance with optional floodplain management activities (like public outreach, maintaining open space) to discounts on flood insurance premiums (04:07:49.491). Each class improvement reduces insurance costs by 5% (04:15:26.403).
  • Current Status and Challenge: Jefferson County is currently compliant on a mandatory basis (NFIP) but scored poorly on record-keeping, resulting in 300 hours of staff time spent preparing for the recent CAV (04:20:41.831). CRS would enforce annual record-keeping, reducing the burden of future (5-year) CAVs.
  • Enrollment Decision: Staff advised that the County cannot apply for CRS without first adopting a compliant ordinance (JCC Chapter 15.15) (04:26:35.176). Based on current compliance and building code rating, FEMA's Marlene Jacobs suggested the County could achieve a Class 7 or 6 rating, resulting in up to a 20% discount (04:42:27.315).
  • No Rise Issue and Restoration Conflict: Commissioner Eisenhower asked about the federal "no rise" rule applied to habitat restoration projects. Josh Peters explained that local grants of flood development permits for fish habitat enhancement projects must require a technical analysis proving the project will not raise water surface elevation downstream, creating tension between the habitat restoration and flood management communities (04:47:08.212).

Public Comments

  • No public comment was provided.

Supporting Materials Referenced

  • The discussion referenced Flood Smart (FEMA website), the National Flood Insurance Program (NFIP), and the State Building Code (requiring one foot freeboard) (03:37:37.456).
  • The legal basis of the "no rise" rule stems from the National Wildlife Federation v. FEMA lawsuit and the resulting 2008 Biological Opinion (BiOp) (04:01:52.129).

Financials

  • Total annual cost of flood insurance purchased by the 20% of eligible properties in the SFHA is estimated at $80,000, covering $38,000,000 in property and contents (04:44:14.142).
  • CAV follow-up cost: 300 staff hours already spent on the audit (04:20:29.820).
  • CRS Class 2 (highest rating achieved by 5 communities nationally) requires roughly 1,000 hours of annual staff effort (04:38:35.383). The cost of a median-level CRS participation is still pending (04:24:08.555).

Alternatives & Amendments

  • DCD requested the Board provide direction on three possible next steps: wait for the Planning Commission's recommendation; define a maximum justifiable level of effort/cost for CRS; or make an immediate decision to enroll (04:43:56.681).

Outcome, Vote, and Next Steps

  • Decision: No action taken. The Board deferred to the natural process, awaiting the Planning Commission's recommendation on the optional CRS language (04:41:18.161).
  • Vote: No vote taken.
  • Next Steps:
  • - DCD (Phil Cecere/Brent Butler): Continue the JCC Chapter 15.15 revision process, including optional CRS language, and forward a recommendation from the Planning Commission by the end of April (04:43:36.585).
  • - DCD: Continue gathering data on the minimum level of effort required for a Class 8 or Class 7 CRS enrollment to inform the final Board decision (04:40:01.563).

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