MEETING: Untitled Meeting at Mon, Nov 18, 06:36 PM

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PUBLIC MEETING SUMMARY: Amendment to Flood Damage Prevention Ordinance (Chapter 15.15 JCC)

Amendment of Flood Damage Prevention Ordinance (Chapter 15.15)

Metadata

  • Time Range: 00:03:09.000–01:26:57.000
  • Agenda Item: Continued Hearing on Ordinance Repealing and Replacing Chapter 15.15 JCC
  • Categories: ordinances, infrastructure, planning, public safety, services

Topic Summary

The Board of County Commissioners (BOCC) discussed and ultimately adopted an ordinance repealing and replacing Chapter 15.15 of the Jefferson County Code concerning Flood Damage Prevention. Staff characterized the changes as "housekeeping" amendments required by the Department of Ecology (DOE) and FEMA to maintain the county’s participation in the National Flood Insurance Program (NFIP). The public expressed significant anxiety and frustration, particularly among Brennan residents, who felt the changes were substantive, detrimental to local economic development, and indicative of a lack of political priority for South County communities. The commissioners affirmed their support for the amendments, citing the essential necessity of NFIP participation for infrastructure, mortgages, and disaster assistance countywide.

Key Discussion Points

  • The ordinance is being amended following a Community Assistance Visit (CAV) from the Department of Ecology Floodplain Management Section, representing FEMA (00:07:00.000). The last CAV was in the 2000s (00:07:23.000).
  • Josh (County Staff) noted that the proposed changes are minor "housekeeping things" related to definitions and administrator references, and stressed that there are "no changes that we're making to the actual regulations that are in effect on the ground... since 2019" (00:08:13.000).
  • Maintaining NFIP participation is critical, as failure to do so would lead to ineligibility for long-term flood disaster assistance, federal assistance for structural repairs, and difficulty securing loans or mortgages in flood hazard areas (00:09:17.000–00:10:01.000).
  • Josh (County Staff) confirmed that the existing standard of requiring construction one foot above Base Flood Elevation (BFE) is not changing at the county level (00:11:41.000).
  • New federal rules effective in September of the current year require two feet above BFE for projects seeking federal funding, such as FHA loans (00:12:00.000–00:12:14.000).
  • Phil (Flood Marshal/Building Official) detailed 10 required amendments identified by Ecology to achieve consistency with the Washington State model flood code, including: adding new definitions, clarifying the role of the Flood Plain Administrator, incorporating Community Rating System (CRS) language, requiring storage in floodplains to be secured or removed before the wet season, and updating language regarding closed areas (basements/crawlspaces) (00:13:31.000–00:16:42.000).
  • New language concerning agricultural activities was added, including provisions for "livestock sanctuaries" (elevated ground areas for flood protection), and allowing temporary growing structures (hoop houses) without permanent foundations (01:17:12.000–01:17:44.000).
  • Commissioner Brotherton sought clarification on language regarding prohibitions on development in floodways (JCC 15 something 080, number four) (00:21:46.000). He noted the previous description of "prohibited encroachments" was simply rearranged in the new text, clarifying that the language has not substantively changed and still allows a "nuanced pathway" for proposals like sewer infrastructure if the "no rise standard" can be met (00:22:50.000–00:25:26.000).
  • Josh (County Staff) responded to a data request regarding NFIP usage, reporting that as of July 2023, there are 149 policies in the county, totaling \$44 million of flood insurance in force, and 51 claims totaling \$674,000 paid out (00:36:03.000–00:36:24.000).

Public Comments

  • Robert Finnegan (Near Brennan, 309-852): Expressed strong anger, stating that documents published by DCD suggesting "people don't count" and are "insignificant" caused his frustration (00:28:03.000–00:28:43.000). Staff later clarified this was a misunderstanding of the term "determination of non-significance" used in SEPA review (00:36:33.000).
  • Dan Ventura (Brennan): Argued that no changes to the code should be made until more pressing issues, specifically the affordable housing crisis and economic development crisis in Brennan, are addressed (00:28:50.000–00:29:13.000). He criticized DCD for deprioritizing opportunities in favor of administrative compliance (00:29:57.000–00:30:03.000) and requested the commissioners vote against the ordinance (00:30:45.000).
  • Kelly Or No (Brennan): Asked if a cost analysis was conducted comparing the 5% savings from FEMA insurance (CRS participation) versus the negative impact ("what it's going to do to us in Brennan") (00:31:15.000). Stressed the need for solutions that allow businesses in the town center to perform upgrades and redeployment (00:31:48.000–00:31:57.000).
  • Steve Walker (331 Dosie Wallops Road): Stated he believes commercial zoning on the Brennan flats and the previous zoning of a planned resort were mistakes (00:32:44.000–00:32:59.000). He noted the ordinances, zoning, and comprehensive plan are currently in "incredible conflict" (00:51:48.000) and that the meeting did not solve anything (00:52:30.000).
  • Lou Leet (Brennan): Questioned what county-owned infrastructure would be affected if the county did not comply with FEMA regulations, referencing the levy (00:34:13.000–00:34:34.000).
  • Clint (Online): Offered to join a working group with Josh (DCD) to develop a grant scope to study the Dosie Wallops River, climate change vulnerability, and explore all available options for flood mitigation (01:08:36.000–01:09:02.000).

Supporting Materials Referenced

  • The proposed amendments were derived from suggestions made during a Community Assistance Visit by the Department of Ecology Floodplain Management Section/FEMA (00:07:00.000).
  • Reference was made to a staff letter from Ecology regarding the amendments, noting notation numbers from gentleman Matt Gerlach (00:14:54.000).
  • The discussion confirmed historical local and state adoption of the "one foot above base flood elevation" standard, citing the International Residential Code starting in 2015 (00:12:51.000).

Financials

  • \$44 million: Total flood insurance value in force across 149 county policies as of July 2023 (00:36:06.000).
  • \$674,000: Total claims paid out across those policies to date (00:36:16.000).
  • \$50,000: Estimated damage cost to a resident's home that did not have flood insurance during a King Tide event in 2022, mentioned by Commissioner Brotherton (00:40:48.000).
  • Mention of the potential cost impact of the federal government’s new rule requiring two feet above BFE for federal funding (00:38:53.000).
  • \$1.2 million: Mentioned as previously earmarked for the Brennan Community Center renovation (00:57:06.000).

Alternatives & Amendments

  • Josh (Staff) presented the concept of seeking a grant to fund a study that could analyze "land use options for Brennan," explore structural options (like addressing the ineffective levee), and detail the process for requesting map revisions from FEMA (01:17:15.000). This was presented as a community alternative to address the root flooding issues (00:18:13.000–00:20:41.000).

Outcome, Vote, and Next Steps

  • Decision: The ordinance repealing and replacing the flood damage prevention ordinance (Chapter 15.15 JCC) was adopted.
  • Vote: Unanimous (Ayes: Commissioner Dean, Commissioner Brotherton, Commissioner Eisenhower) (00:48:17.000).
  • Next Steps:
  • - DCD Staff (Josh Peters) & Community Members: Form a working group to develop a grant scope for studying the Dosie Wallops River, flood mitigation, and land use options in Brennan (01:17:26.000). Interested parties (Clint and the gentleman in the hat) were encouraged to contact Josh Peters.
  • - BOCC/County Staff: Improve communication with South County residents, particularly regarding the Comprehensive Plan update and plans for the Brennan Community Center (01:01:17.000, 01:24:18.000).
  • - Central Services Director (Sean Frederick): Proceed with the Port Townsend Community Center fix first, followed by the Brennan Community Center (00:58:21.000). Reiterate the challenge that Brennan Community Center lifting requirements (5-10 feet) pose to development (00:59:02.000).