PACKET: Commissioners Meeting at Mon, Oct 28, 09:00 AM

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Noxious Weed Control Agreement with WA Department of Ecology – Washington Conservation Corps (WCC)

Topic Summary

Jefferson County Noxious Weed Control Board (JCNWCB) seeks approval for a new yearly contract with the Washington Conservation Corps (WCC), run through the Department of Ecology (ECOLOGY), to continue providing trained crews for noxious weed control and environmental restoration activities in the County. This agreement, spanning October 1, 2024, through September 30, 2025, is primarily focused on manual labor assistance by young people, with the county's costs entirely covered by partner organizations. The current contract is a revision of an earlier one, specifically updating the dates within the scope of work.

Key Points

  • The JCNWCB partners with WCC annually to utilize teams of five crew members for control work on noxious weeds and environmental restoration.
  • WCC crews provide "boots on the ground" and offer learning opportunities in environmental fields for young people, potentially leading them to become valuable local residents and partners.
  • Contract Revision: The agreement is being presented for approval again because the Department of Ecology made last-minute changes to the dates listed under Appendix A - Scope of Work.
  • The contract period runs from October 1, 2024, through September 30, 2025.
  • WCC services are billed at a rate of $1,385 per day for 34 days.
  • The work performed by WCC crews is paid for exclusively by JCNWCB partners through existing Memoranda of Understanding (MOUs).
  • The scope of work includes invasive species control, native species installation, plant nursery care, scientific monitoring, and fence installation/repair under SPONSOR direction.

Financials

  • Total Contract Amount (Expenditure to WSU Extension - Noxious Weed Control Board): $47,090.
  • Compensation breakdown: WCC Services @ $1,385 / day for 34 days = $47,090.
  • Funding Source: Entirely paid by partners through existing MOUs, making it budget neutral for the JCNWCB.
  • Indirect costs are included in the sponsor's share at a standard rate of 5% of direct costs, reflecting the cost-share nature of the agreement.

Alternatives

None specified.

Community Input

None present.

Timeline

  • October 1, 2024: Contract period of performance commences.
  • September 30, 2025: Contract period of performance ends.
  • October 28, 2024: Requested Board approval date.
  • Monthly: ECOLOGY shall submit invoices to the SPONSOR.

Next Steps

Staff recommends the Board approve the contract.

Sources

  • Sophie DeGroot - Noxious Weed Control Coordinator (WSU Extension - Noxious Weed Control Board)
  • Washington State Department of Ecology - Washington Conservation Corps (ECOLOGY)

Commercial Lease Agreement for Jefferson County Public Health (JCPH) Offices

Topic Summary

Jefferson County Public Health (JCPH) requests approval for a three-year commercial lease agreement with Castle Hill Associates LLC for 1,500 square feet of office space at 1210 West Sims Way, Port Townsend. This expansion is necessary to accommodate current and future staffing levels, with the cost scheduled to increase annually at a 3% rate, covered entirely by public health grants and state-shared revenues.

Key Points

  • JCPH needs 1,500 square feet of office space to accommodate “current and future staffing levels.” (Source: JCPH Agenda Request)
  • The lease term is three years, commencing November 1, 2024, and terminating on October 31, 2027.
  • Annual Rent Increases: Base Rent adjusts annually at 3% cost of inflation.
  • The minimum rent includes "Triple Net" charges, which may adjust periodically based on taxes, building insurance, and common area maintenance (currently $0.30 per square foot).
  • The County is responsible for payment of all utilities and an estimated annual fee of $300 for quarterly maintenance of the HVAC system (paid through the Landlord, currently Peninsula Heating and Cooling).
  • The space is designated for "ADMINISTRATION" use.
  • The lease includes a standard option agreement for the Tenant (JCPH) to extend the term for an additional three or more full calendar years, with the Monthly Minimum Rent subject to negotiation if not set in the original agreement.
  • The lease states that Landlord approval is required for all improvements, which must be executed by licensed contractors under the County's direction, and that the space must be returned to "Vanilla Shell" condition upon expiration, unless the subsequent tenant wishes to acquire the improvements.
  • JCPH will satisfy the liability insurance requirement (minimum $1,000,000) through membership in a joint self-insurance program authorized by Chapters 48.62 and 39.34 RCW, such as the Washington Counties Risk Pool (Addendum 'B').

Financials

  • Total Lease Expenditure (3 years): $111,949.68.
  • Annual Rent (Base Rent + Triple Net):
    • Year 1: $3,006.46/month (Total $36,077.52)
    • Year 2: $3,082.68/month (Total $36,992.16)
    • Year 3: $3,240.00/month (Total $38,880.00)
  • Additional Estimated Annual Costs: $300 for HVAC maintenance, plus utilities.
  • Funding Source: Public Health grants and state-shared revenues (Fund #: 127).

Alternatives

None specified.

Community Input

None specified.

Timeline

  • November 1, 2024: Lease commencement date.
  • October 31, 2027: Lease termination date.
  • October 10, 2024: Deadline for JCPH/Landlord to notify the existing tenant (Little and Little) of which improvements are to remain or be removed.

Next Steps

JCPH management requests Board approval and signing of the lease.

Sources

  • Apple Martine - Public Health Director
  • Veronica Shaw - Deputy Director
  • Castle Hill Associates LLC
  • Mark McCauley - County Administrator

Collective Bargaining Agreement (CBA) for Central Services Department Employees

Topic Summary

Jefferson County seeks approval for a new three-year Collective Bargaining Agreement (CBA) with Teamsters Local No. 589, covering Central Services Department employees for the term January 1, 2024, through December 31, 2026. Key changes include a 12% total general wage increase over two years, restructuring of the wage step system, and an adjustment to longevity pay and callback time. The packet also includes a subscription agreement for entry into the Washington Teamsters Welfare Trust for health benefits.

Key Points

  • Term: January 1, 2024, through December 31, 2026 (ratified by employees on October 16, 2024).
  • Wage Structure Changes (Effective 2024 adoption pay-period):
    • Wage scale is reduced from a 10-step system to a 7-step system by dropping old Steps 1, 2, and 3, and renumbering Steps 4-10 as new Steps 1-7.
    • Employees previously in old Steps 1, 2, and 3 move to the new Step 1 with a new anniversary date of January 1 for future steps.
    • Increment increase between steps changes from 2.5% to 3.0%.
  • Cost-of-Living Adjustment (COLA) / General Wage Increases:
    • 2024: 8.5% general wage increase implemented on top of the restructured wage table.
    • 2025: 3.5% general wage increase.
    • 2026: 0.00% general wage increase, but a new Step 8 is added with an additional 3% increase for those reaching top step.
  • Retroactive Pay: Calculated at 8.5% of compensated hours from January 1, 2024, to the date of adoption for current employees, including those who retired in 2024.
  • Longevity Pay (Effective 2024): New tiers added up to 45 years.
    • 30 years: $2,600
    • 35 years: $3,000
    • 40 years: $3,400
    • 45 years: $3,800 (Employees currently receiving longevity are grandfathered until new rates provide a greater amount.)
  • Performance/Merit Pay: Merit pay increase of one step is granted upon satisfactory annual performance review. Employees at the top step receive a 3% premium in their classification upon supervisor approval.
  • Call Back Pay: Changes from a guaranteed two hours plus hours worked to a guaranteed three hours plus hours worked at an overtime rate.
  • Health & Welfare (Article 15, 16): The Employer contributes 85% and employees are responsible for 15% of the required contribution rate for Washington Teamsters Welfare Trust Plan B (Medical, Dental, Vision, Life, Time Loss A).
  • Higher Classification Pay: An employee assigned to emergent or extended duties (two weeks or more) of a higher classification receives a minimum 5% salary adjustment above their current salary, unless already receiving Foreman pay.
  • Dispute Resolution: If a wage disparity of 3% or more below the average comparable counties is demonstrated by the Union by September of any contractual year, the parties agree to meet to discuss resolution for the next year's wage adjustment.

Financials

  • Total Wage Increase Over Term (2024-2026): 12% general wage increase (8.5% in 2024, 3.5% in 2025) plus the addition of New Step 8 (3% increase to top wage rates in 2026).
  • Retroactive Pay Expense: Based on 8.5% of compensated hours from 1/1/2024 to adoption date.
  • Longevity Pay Expense: Increased costs due to new, higher longevity tiers.
  • Health Insurance Cost: Employer responsible for 85% of contributions to the Teamsters Welfare Trust.
  • Funding Source: Not specified in the financial impact analysis (N/A for Fund #/Org/Obj).

Alternatives

None specified.

Community Input

None present.

Timeline

  • January 1, 2024: Effective date of the CBA and retro pay calculation commencement.
  • October 16, 2024: Agreement ratified by Teamsters Local No. 589 employees.
  • January 1, 2025: 3.5% general wage increase; Parties agree to meet to discuss implementation of Appendix D (Pension Trust Subscription Agreement).
  • January 1, 2026: No general wage increase, but New Step 8 is implemented.
  • December 31, 2026: Agreement termination date.

Next Steps

Approve and sign the Collective Bargaining Agreement and the Subscription Agreement.

Sources

  • Sarah Melancon - Human Resources Director
  • Teamsters Local No 589
  • Mark McCauley - County Administrator

Subrecipient Agreement for Early Learning and Family Support Center Construction

Topic Summary

The County seeks approval for a Subrecipient Agreement with the Olympic Peninsula Young Men’s Christian Association (Olympic YMCA) to use nearly $2 million in federal Community Development Block Grant (CDBG) funding for the construction and ten-year operation of an Early Learning and Family Support Center. This project is intended to principally benefit low- and moderate-income persons in Jefferson County.

Key Points

  • The CDBG award (Contract No. 23-62210-004, CFDA 14.228) funds the CDBG Project, which involves the construction of the Center and its operation for a period of ten years.
  • The project meets the national objective of principally benefiting low- and moderate-income persons.
  • The maximum CDBG funding the County will pass through to the Subrecipient (YMCA) for the project is $\mathbf{\$ 1,990,000.00}$.
  • The total project construction budget is over \$4.7 million, with the grant funding only covering a portion. The YMCA's planned budget elements funded by the grant and local share include:
    • Construction: $\mathbf{\$ 3,593,400.00}$
    • Contingencies: $\mathbf{\$ 706,599.00}$
    • Architecture/Engineering Services: $\mathbf{\$ 200,000.00}$
    • Equipment: $\mathbf{\$ 200,000.00}$
    • Administration: $\mathbf{\$ 50,000.00}$
    • Land: $\mathbf{\$ 1.00}$
    • Other/Permits: $\mathbf{\$ 15,000.00}$
  • The Subrecipient is obligated to transfer any CDBG funds on hand and accounts receivable back to the County upon termination/expiration.
  • Real property acquired or improved with CDBG funds exceeding $25,000 must be used to meet a CDBG National Objective for ten years after the Commerce contract closure; failure to comply requires the Subrecipient to repay the County the current fair market value of the property (less non-CDBG-funded value).

Financials

  • Total CDBG Funding to Subrecipient: $1,990,000.00
  • Funding Source: CDBG Grant (Federal Award ID B-23-DC-53-001, CFDA 14.228)
  • Matching Funds Required: None.
  • Total Construction Budget, including CDBG and other funds (implied):
    • Construction: $3,593,400.00
    • Total Budget Elements: $4,765,000.00 (This is the sum of listed breakdown, not necessarily the total project cost referenced in the budget text).
  • Fiscal Impact: A \$2,000,000.00 grant received by the County to defray expenses associated with the construction facility.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • Term of Agreement: Date Fully Executed through the last date the Subrecipient remains in control of CDBG funds or other CDBG assets.
  • Center must be operated for a period of ten years to meet the national objective.

Next Steps

Staff requests the Board approve a motion to sign the Subrecipient Agreement.

Sources

  • Amanda Christofferson - Grants Administrator (Auditor's Office)
  • Olympic Peninsula Young Men’s Cristian Association (Olympic YMCA)
  • Washington State Department of Commerce (Commerce)
  • Department of Housing and Urban Development (HUD)

Amendment to Inmate Food Services Contract with Summit Food Services LLC

Topic Summary

The Jefferson County Sheriff's Office requests approval for Amendment #1 to the Inmate Food Services contract with Summit Food Services LLC. This amendment extends the contract for one year, starting January 1, 2025, and significantly adjusts the current per-meal period and per-meal served rates, while also establishing a new, increased future pricing model.

Key Points

  • Contract Extension: The original agreement, effective January 1, 2022, is extended for an additional year, beginning January 1, 2025.
  • Pricing Adjustment: The new payment arrangement modifies Section 7.1.a. of the original agreement. New rates are:
    • Per Meal Period (breakfast, lunch, and dinner): $139.38 (Increased from the original $121.20 per meal period).
    • Per Meal Served (based on inmate count): $1.15 (Increased from the original $1.00 per meal served).
  • Future Pricing Model: Section 7.4 is amended to establish a new annual rate adjustment formula: the rate will be no less than the greater of five percent (5%) or the most recently released U.S. Department of Labor Consumer Price Index, All Urban Consumers, National Average Unadjusted, Food Away from Home. (The original minimum was 3%).
  • Change in Conditions Clause: The contract retains a clause allowing renegotiation of financial terms and obligations if "Conditions" change (e.g., population, labor costs, Governmental Rules, food costs), or if the Client requests significant changes to Food Services. The Company must provide 30 days prior notice of such increased charges.
  • The Sheriff's Office estimates the current 12-month daily average inmate population is 19.93.

Financials

  • Estimated Total Annual Cost (Expenditure) based on current daily population (19.93): $177,719.89
  • Funding Source: Fund #: SH52390410147 (Jefferson County Sheriff's Office).

Alternatives

None specified.

Community Input

None specified.

Timeline

  • January 1, 2025: Effective date of Amendment #1/One year extension begins.
  • Annually: Pricing adjustments will be made.

Next Steps

Approve Contract Amendment re: Inmate Food Services.

Sources

  • David Fortino - Jefferson County Sheriff's Office
  • Summit Food Service LLC
  • Mark McCauley - County Administrator

Immunization Data Sharing Agreement with WA Department of Health (DOH)

Topic Summary

Jefferson County Public Health (JCPH) seeks renewal and approval of an Information Sharing Agreement (ISA) with the Washington State Department of Health (DOH) to exchange immunization data via the Washington Immunization Information System (IIS). The IIS is a secure, lifetime registry used by JCPH to update and review patient vaccination records, support school vaccination compliance, and improve childhood immunization rates. This renewal is necessary as the prior ISA expired in July 2023.

Key Points

  • The Washington IIS is a secure, web-based lifetime registry linking health care providers, health plans, and schools, used to track, repository for, and retrieve individual immunization data.
  • JCPH uses the IIS to upload, update, and review vaccination records for patients receiving JCPH care or needing record updates (e.g., for immigration purposes).
  • JCPH uses IIS data to support schools with vaccination information for compliance and to increase childhood immunization rates.
  • The purpose of data exchange is solely to assist the Provider/Plan in providing direct patient health care and to protect public health.
  • Data Security: Both parties must strictly limit the use of individualized immunization data. Provider/Plan must ensure users sign a confidentiality agreement and maintain security practices that meet or exceed HIPAA Security Standards and OCIO security standard 141.10. Unauthorized use or disclosure may result in immediate termination.
  • Provider/Plan must notify the DOH Privacy Officer of any suspected or actual security breach of IIS data within two business days of discovery.

Financials

  • The service is provided at $0 charge to Jefferson County.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • Upon signature: Agreement is valid, with a term of three years.
  • November 2027: Agreement termination date (3 years from signing).
  • Prior ISA expired: July 2023.

Next Steps

JCPH management requests approval of the IIS ISA between DOH and JCPH.

Sources

  • ocean mason - Communicable Disease Team Lead (JCPH)
  • Apple Martine - Jefferson County Public Health Director
  • Washington State Department of Health (DOH)

Project Memorandum of Agreement: Two Trout Creek Culvert Replacement

Topic Summary

Jefferson County seeks to execute a Project Memorandum of Agreement (MOA) with the Federal Highway Administration, Western Federal Lands Highway Division (FHWA-WFL), to proceed with the Two Trout Creek Culvert Replacement project on Oil City Road. This project, which will replace the existing culvert, is necessary to correct a fish passage barrier, preserve vehicular access to the Olympic National Park South Coast Trail, and is fully funded by a federal grant and toll credits.

Key Points

  • The project is the Two Trout Creek Culvert Replacement on Oil City Rd. at milepost (MP) 0.5.
  • The project's primary objectives are to correct a fish passage barrier and replace the existing temporary culverts, which were installed as an emergency bypass in 1999 following a mass failure caused by Hoh River migration.
  • The new structure will be an Aquatic Organism Passage (AOP) crossing with scour protection, riparian restoration, and fish habitat enhancements.
  • The project will also provide compensatory stream mitigation required by permits (CWA 404/401, HPA, Aquatic Land Lease, SMA) for the Upper Hoh River Road Phase 2 project.
  • Funding: Total cost is estimated at $\mathbf{\$ 3,959,538}$. This total includes Federal Lands Access Program funds ($\mathbf{\$ 3,425,000}$ or 86.50%) and Local Matching Share ($\mathbf{\$ 534,538}$ or 13.50%) provided by Jefferson County via toll credits.
  • Roles: FHWA-WFL will perform the design, construction, and management (PE, CN, CE). Jefferson County's role includes coordination, rights-of-way/easement acquisition, local/State permitting, and public outreach.
  • Jefferson County will contribute an estimated $\mathbf{\$ 10,000}$ in staff time for coordination, funded by the Road Fund.
  • Post-Construction Responsibility: Upon project acceptance, Jefferson County will assume jurisdictional authority for operation and maintenance and accept ownership of all regulatory permit obligations, with no further funding provided by FHWA for post-project obligations.
  • Design Standards: Will adhere to AASHTO Guidelines for Geometric Design of Low-Volume Roads, Roadway Design Manual, and AASHTO A Policy on Geometric Design. The design vehicle is a Log Truck (Live Load: HL-93), and the surface type is Aggregate.

Financials

  • Total Projected Costs: $3,959,538
    • Federal Lands Access Program (FLAP): $3,425,000 (86.50%)
    • Local Matching Share (Toll Credits): $534,538 (13.50%)
  • Estimated Budget Breakdown (Total \$3,425,000, excluding toll credits):
    • Preliminary Engineering (PE): $675,000
    • Construction (CN): $2,300,000
    • Construction Engineering (CE): $450,000
    • Construction Modifications (CM) Contingency: $0
  • Jefferson County Staff Time Contribution: Estimated $10,000 (funded by the Road Fund).

Alternatives

None specified.

Community Input

  • Jefferson County must complete public outreach with property owners, businesses, and government agencies (NPS, USFS, Hoh Tribe, DNR, SHPO) that access the Hoh River via Oil City Road.
  • Public Involvement Plan must be developed, including goals, identified stakeholders, probable concerns, and outreach techniques.

Timeline

  • 05/05/2021: Program Decision Committee (PDC) originally approved the project.
  • 07/11/2022: Revised project budget approved by PDC.
  • January 2023 - February 2024: 30% Design completed (FHWA-WFL).
  • September 2023 - June 2025: NEPA documentation (FHWA-WFL).
  • On completion of NEPA: NEPA Decision (30 days thereafter).
  • December 2024 - June 2025: Right of Way Acquisition (Jefferson County).
  • November 2025 - February 2026: Advertise/Award (FHWA-WFL).
  • June 2026 - October 2026: Construction (FHWA-WFL).

Next Steps

Public Works recommends the Board execute the Project Memorandum of Agreement by signing and returning all three originals to Public Works.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • Mark Thurston, P.E. - Project Manager
  • Federal Highway Administration, Western Federal Lands Highway Division (FHWA-WFL)
  • National Park Service and Forest Service

Quilcene Skate Park Donation Agreement

Topic Summary

Jefferson County seeks to approve a Donation Agreement with the Olympic Peninsula YMCA concerning the construction and donation of a skate park facility in Quilcene Community Park. The YMCA, acting as the fiscal sponsor based on an RCO grant, will manage all aspects of project funding, design, and construction, after which the County will assume full ownership, operation, and maintenance responsibilities. Due to a partial grant award, the project scope must be reduced to fit the available funding.

Key Points

  • Donor/Sponsor: Olympic Peninsula YMCA (a 501(c)(3) non-profit) serves as the fiscal sponsor, responsible for funding, building, and donating the skate park.
  • Grant Status: The project sought funding through an RCO (Recreation and Conservation Office) grant. The grant proposal was for \$972,920, but the award was partially funded at $\mathbf{\$ 767,263}$. Project partners are reducing the scope to fit the awarded amount.
  • County Role: Jefferson County accepts the donation, owns the land, and will own, operate, and maintain the skate park upon completion. The County assumes all responsibility and liability after the agreement ends.
  • YMCA Role: The YMCA manages all aspects of funding, design (including 30%, 60%, 90% and final plans for County approval), procurement, construction, inspection, and grant management per RCO rules.
  • Liability: During construction, the YMCA is responsible for liability regarding construction work and indemnifies the County against claims arising from its negligence or willful act.
  • Indemnification (Post-Completion): Upon completion and County acceptance, the County will release the YMCA from all construction-related claims and indemnify/hold the YMCA harmless from any claim arising from the past partnership, management, or future use of the skate park.
  • RCO Grant Transfer: When construction is complete and approved, the YMCA will be removed from the RCO Grant Agreement, and Jefferson County will become the Primary Sponsor.
  • Facility Details: The skate park will be approximately 7,500 square feet in Quilcene Community Park, adjacent to the tennis courts. It is designed to be non-motorized only, accessible for disabilities, and welcoming to all skill levels (skateboards, bicycles, scooters, wheelchairs, roller-skates).
  • County Right to Close/Remove: Jefferson County reserves the right to close or remove the facility, including for safety concerns or facility end-of-useful life.

Financials

  • Total Grant Proposal: $972,920
  • Total Grant Award (RCO): $767,263
  • County Funding: No additional financial support from Jefferson County is required for grant funding or construction. A prior ARPA grant developed the project.
  • Post-Donation Cost: Jefferson County will incur costs for future operation and maintenance.

Alternatives

None specified.

Community Input

  • The project was initiated by a group of youth skating advocates organized into an informal committee (Asa Clifford, Kai Dakers, and Brady McDonald).
  • The project is analyzed to enhance the health, well-being, safety, and economy of the Quilcene Community and Jefferson County.

Timeline

  • 8/5/24: BOCC authorized the RCO grant application.
  • 7/25/24: YMCA signed a Letter of Understanding regarding the skate park donation.
  • The agreement ends when the skate park is 100% complete, inspected, accepted by the County in writing, and the YMCA is removed / County is named the primary RCO sponsor.

Next Steps

Approve the donation agreement and return one copy to Public Works.

Sources

  • Eric Kuzma - Acting Public Works Director
  • Matt Tyler - Department Contact
  • Olympic Peninsula YMCA
  • Mark McCauley - County Administrator
  • Quilcene Skate Park Project (Asa Clifford, Kai Dakers, and Brady McDonald - committee members)
  • Recreation and Conservation Office (RCO)

Opposition to Initiative No. 2117 (Repeal of Climate Commitment Act)

Topic Summary

Jefferson County Commissioners are considering a resolution that formally opposes Washington State Initiative No. 2117, which aims to repeal the Climate Commitment Act (CCA) and prohibit carbon tax credit trading. The Board’s position is based on the County's previously established goals to reduce greenhouse gas emissions and its commitment to climate action, arguing the repeal would significantly threaten the County's program and climate efforts across the state.

Key Points

  • Initiative 2117: This ballot measure seeks to prohibit carbon tax credit trading ("cap and trade" or "cap and tax") by state agencies and would repeal sections of the 2021 Washington Climate Commitment Act (CCA).
  • County Position: The Board is taking a formal official position of opposition to Initiative No. 2117, viewing the repeal as a "significant setback" to the County's goals and state efforts.
  • Historical Commitment to Climate Action: Jefferson County has a long history of supporting environmental health and climate stability, previously adopting resolutions for ambitious carbon/greenhouse gas emission reduction targets.
    • May 29, 2007: Joint resolution (with Port Townsend) committing to addressing Energy Use and Climate Change/Global Warming.
    • January 2008: Joint resolution establishing procedures for the Climate Action Committee (CAC).
    • January 2009: Joint resolution adopting inventory of energy usage, emissions targets, and approving the Climate Change Workplan, which aims for an 80% reduction in greenhouse gas emissions from 1990 levels by the year 2050.
  • CCA Consistency: The CCA is considered a "key policy" consistent with the County’s goals and is necessary to achieve the adopted reduction targets.
  • Financial Impact of CCA: The policy has generated over $2 billion to date through quarterly cap-and-invest auctions, which advances protection of air and water while prioritizing environmental justice.

Financials

  • None specified for the resolution itself.
  • Fiscal notes that the CCA has generated over $2 billion in revenue statewide.

Alternatives

None specified.

Community Input

  • The hearing was scheduled following public comments received on October 7, 2024, by several attendees who spoke in opposition to Initiative 2117 and requested formal action from the Board.

Timeline

  • November 5, 2024: The General Election date for Initiative No. 2117.
  • October 16, 2024: Public notice of the public hearing was published.
  • October 28, 2024, 11:00 a.m.: Public hearing scheduled to consider the resolution, including affording equal opportunity for opposing views, as required by RCW 42.17A.555(1).

Next Steps

Approve the attached resolution opposing Initiative No. 2117.

Sources

  • Mark McCauley - County Administrator
  • Philip Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • Kate Dean, District 1 - Chair
  • Washington State Department of Ecology

Repealing and Replacing the Flood Damage Prevention Ordinance (JCC 15.15)

Topic Summary

The Department of Community Development (DCD) proposes a hearing to repeal and replace the existing Flood Damage Prevention Ordinance (JCC 15.15) and amend JCC 18.40.040. The current ordinance is outdated and non-compliant with recent state and federal models. The new ordinance incorporates required updates to maintain participation in the National Flood Insurance Program (NFIP) and adds features enabling the County to potentially enroll in the FEMA Community Rating System (CRS), which could reduce flood insurance premiums for local property owners.

Key Points

  • Reason for Update: The existing ordinance (No. 05-0513-19) predates the required provisions of the model flood hazard reduction ordinance approved December 9, 2019, developed by FEMA and the WA Department of Ecology (ECY).
  • NFIP Compliance: The repeal and replace action is necessary to ensure the County's regulations meet or exceed the minimum criteria outlined in 44 CFR Part 60.3, following an NFIP compliance audit (Customer Assistance Visit, or CAV) conducted by FEMA/ECY in late 2023. The prior CAV occurred over twelve years ago.
  • Community Rating System (CRS): The new ordinance includes provisions that would enable the County to enroll in FEMA's voluntary CRS program, which grants communities reduced collective flood insurance premiums based on adopting higher regulatory standards.
  • Higher Regulatory Standards: Washington State already requires local governments to establish the minimum elevation of flood-prone properties to one foot above the base flood elevation (BFE), instead of at or above the BFE as per 44 CFR § 60.3(c)(2)(5).
  • NFIP Failure Consequence: Failure to amend the ordinance could lead to an increase in federal flood insurance premiums or a lack of FEMA funding for flood insurance protection in Jefferson County.
  • Key Changes in New Ordinance (JCC 15.15):
    • Defines the Jefferson County Community Development Director as the "floodplain administrator" (formerly "development services manager").
    • Residential construction (new/substantial improvement) in designated A zones must have the lowest floor, including mechanical equipment, elevated one foot or more above the BFE.
    • New standard requires residential construction in unnumbered A zones (where BFE is unavailable) to be at least two feet above the Highest Adjacent Grade (HAG) "to be reasonably safe from flooding."
    • New standards for floodproofing, vertical elevation rules that require one foot or more above the BFE, and use of ASCE 24 standards.
    • Construction or substantial improvement of a critical facility must be located outside the special flood hazard area (SFHA) unless no feasible alternative site is available; if built in the SFHA, the lowest floor must be elevated three feet above BFE or to the height of the 500-year flood, whichever is higher.
    • New provisions address the placement of livestock sanctuaries (elevated areas for flood protection) on farm units within the SFHA.
  • Procedural Amendments: The plan development process (JCC 18.40.040) is amended to classify a "special flood hazard area variance" (JCC 15.15.075) as a Type III decision, requiring a Hearing Examiner approval process with a public hearing and appeal to superior court. A "special flood hazard area development permit" is classified as a Type I decision.

Financials

  • None specified. There are no direct fiscal impacts as a result of this proposed update.
  • Potential benefit: CRS program enrollment could reduce property owners' flood insurance premiums on a sliding scale.

Alternatives

The main implicit alternative is remaining non-compliant, which would expose the County's residents to potentially higher flood insurance premiums or loss of FEMA funding.

Community Input

  • The proposed ordinance has been reviewed and commented on by WA State Dept of Ecology, WA State Dept of Commerce, Jefferson County Planning Commission, FEMA, and the Jefferson County Prosecutor’s Office.
  • The Jefferson County Planning Commission reviewed the proposal and forwarded a recommendation for approval to the BOCC.
  • SEPA process completed: A determination of non-significance was issued on March 13, 2024.

Timeline

  • October 26, 2023: Letter received by BOCC Chair regarding scheduled Community Assistance Visit (CAV) audit.
  • March 6 / March 13, 2024: Proposed revisions noticed for SEPA compliance.
  • March 13, 2024: Determination of Non-significance issued.
  • June 19, 2024 / June 26, 2024: Public hearing for revisions noticed in the local newspaper.
  • July 26, 2024: Planning Commission conducted a public hearing, received comments, and subsequently voted upon the proposed ordinance (per Hearing Examiner report).
  • October 28, 2024, 10:00 a.m.: Public Hearing scheduled before the BOCC (Hybrid).
  • The ordinance is effective immediately upon adoption.

Next Steps

Staff recommends the Board approve the request and hold a public hearing.

Sources

  • Josh Peters - DCD Director
  • Phil Cecere - DCD Building Inspector/Fire Marshal
  • Washington State Department of Ecology (ECY) - Regional NFIP Coordinator
  • Federal Emergency Management Agency (FEMA) - NFIP
  • Jefferson County Planning Commission

Hearing for 2025-2030 Six-Year Transportation Improvement Program (TIP)

Topic Summary

Jefferson County Public Works seeks Board approval to schedule a public hearing on November 12, 2024, concerning the adoption of the draft 2025-2030 Six-Year Transportation Improvement Program (TIP). State law (RCW 36.81.121) requires the county legislative authority to hold an annual public hearing before adopting a 6-year TIP as a planning guide for a coordinated transportation program, based on an analysis of the Road Fund.

Key Points

  • Legal Requirement: RCW 36.81.121(1) requires the county to perpetually maintain advanced plans looking at least six years into the future as a guide for a coordinated transportation program, necessitating an annual public hearing prior to adoption.
  • Program Review: The TIP is based on an analysis of the Road Fund covering the six-year period, using the County’s best estimate of future revenues and expenditures (WAC 136-15-030).
  • TIP Components: The Public Works Department prepared the TIP project array and the Bridge Condition Report.
  • Priority Criteria (2024 Weighting Factors): The highest weighted criteria, informing project priority, include: Grant availability (0.833), Non-motorized needs (0.833), Community Plan/Comp. Plan use (0.800), Road safety (0.800), School pedestrian route (0.800), and Transit/school bus route (0.800).
  • Total Projected Projects: The full TIP includes 38 projects totaling \$94,765,408 (including FLAP, HCSEG/JST, PST/NWI, TU projects).
  • Project Focus:
    • Culvert Correction & Bridges: 60% of total funding ($56.5 million).
    • Non-Motorized: 21% of total funding ($20.2 million).
  • Funding Strategy (Including All Projects):
    • Federal Funds: 76.7% ($72.6 million)
    • State Funds: 20.9% ($19.8 million)
    • Local Funds: 1.4% ($1.3 million)
    • Other Funds: 1.1% ($995,660)
  • Local Road Fund Projection: The graphical projection shows the Ending Fund Balance staying above the Cash Reserve Goal (25%) for the 2025-2030 period.

Financials

  • Total Project Funding (38 projects, 2025-2030): $94,765,408.
  • The TIP is a planning document; fiscal constraints are reviewed during the Annual Construction Program and budget process.

Alternatives

None specified.

Community Input

  • The purpose of the hearing is solely to receive public testimony concerning the adoption of the TIP.
  • The TIP documents will be available for public review through the Commissioners' office, Public Works office, and the County website starting with the first published hearing notice date.

Timeline

  • October 30, 2024 / November 6, 2024: Hearing notice to be published twice in the Port Townsend Leader.
  • November 12, 2024, 10:30 a.m.: Public hearing scheduled.
  • Testimony accepted: October 30, 2024, through the end of the public hearing on November 12, 2024.

Next Steps

Authorize by motion to set the public hearing date and sign the Notice of Public Hearing.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • Eric Kuzma - Department Contact
  • WAC 136-15: WA Administrative Code for TIP adoption.
  • RCW 36.81.121: Revised Code of Washington on TIP adoption.

Road Vacation Intent: Mitchell Street and Duffy Avenue Rights-of-Way

Topic Summary

The Board of County Commissioners is asked to adopt a Resolution of Intent to Vacate portions of two unopened, platted County rights-of-way, Mitchell Street and Duffy Avenue, as recommended by the Hearing Examiner. This action is contingent upon the Petitioner meeting certain financial conditions, including covering the administrative costs and paying compensation for the appraised value of the vacated right-of-way.

Key Points

  • Petitioner and Location: Robert Zimmermann and Beth Orling (Petitioner) requested the vacation of portions of Mitchell Street and Duffy Avenue rights-of-way (each 30 feet wide) located north and west of the existing Thorndyke Road right-of-way, in the Plat of Goodfellow’s Manhattan Beach Tracts (filed 1908).
  • Abutting Property: The subject rights-of-way abut the Petitioner's Tax Parcel 954-600-201 and property owned by Rayonier, which joined the Petition to Vacate.
  • Current Status: The rights-of-way are undeveloped, unopened Class A roads (no public expenditures for acquisition, improvement, or maintenance).
  • Public Benefit Finding (County Engineer Report): The County Engineer's report noted that, in the absence of any public necessity (circulation, trails, utilities), the benefit accrues to the property owners (additional building space, green-belt buffer, restricted public trespassing, increased property tax). All Petitioners' properties have alternative access from Thorndyke Road, preventing the vacation from "land locking" any parcel.
  • Public Testimony: The Hearing Examiner held a public hearing on July 26, 2024. No comments or testimony were received opposing the vacation during that hearing.
  • Statutory Compliance: RCW 36.87.130 (prohibiting vacation of roads abutting saltwater) does not apply because the subject right-of-way, although near Hood Canal, does not abut the water.
  • Easement Retention: Given the absence of opposition from utility companies, the Board may retain an easement for construction, repair, and maintenance of public utilities and services, if necessary (RCW 36.87.140).
  • Recommended Condition for Vacation: Payer must: Pay all required compensation owed to the County for the vacated right-of-way and administrative process.

Financials

  • Compensation for Vacated Right-of-Way: $10,500 for one-half of the assessed value of the subject rights-of-way.
  • Additional Costs: Petitioner must pay administrative fees and expenses incurred "over-and-above staff hours included in the application fee," including the costs for preparing and recording the Final Resolution.
  • Liability upon Failure: If the Petitioner fails to meet the conditions within one year (or extension), the process terminates, but the Petitioner remains liable for all administrative costs actually incurred by the County.

Alternatives

None specified. The Hearing Examiner recommended approval subject to conditions.

Community Input

  • Hearing Examiner acknowledged no testimony or comments opposing the petition during the public hearing process.
  • The Board retains the discretion, pursuant to JCC 12.10.130(1), to accept public testimony at the upcoming meeting.

Timeline

  • July 8, 1908: Plat of Goodfellow’s Manhattan Beach Tracts filed.
  • July 26, 2024: Public hearing conducted by Jefferson County Hearing Examiner.
  • October 11, 2024: Hearing Examiner Report issued.
  • Within one year of the Resolution of Intent date: Deadline for Petitioner to meet all required conditions, or the vacation process terminates.

Next Steps

The Department of Public Works recommends the Board: 1. Adopt the Hearing Examiner's findings and conclusions. 2. Approve the vacation subject to the required conditions (including clarification that compensation includes the costs of preparing and recording the Final Resolution). 3. Sign the attached Resolution of Intent to Vacate, which commits the Board to adopting the final resolution upon condition fulfillment.

Sources

  • Colette Kostelec, P.E. - Engineer III/Right-of-Way Representative (Public Works)
  • Robert Zimmermann and Beth Orling (Petitioner)
  • Rayonier (Joined Petition)
  • Gary N. McLean - Hearing Examiner
  • Mark McCauley - County Administrator

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