11/04/2008: "At Last: Public Input Asked On Stormwater Funding"

The Council has yet to release the draft stormwater funding ordinance, but they want to know what the public thinks about it; the draft that is, or less specifically, what they have said is in the draft.

Public meetings have been now been scheduled on Orcas, Lopez and San Juan Islands on the proposed Stormwater Utility Ordinance, including fees which would be charged to all property owners countywide.

The Stormwater Subcommittee, which is chaired by Council Member Rich Peterson and Council Members Howie Rosenfeld and Gene Knapp. The subcommittee was formed subcommittee was formed after voters overwhelming overturned the previous Stormwater Utility Ordinance in November of 2007.

The committee has met regularly over the past nine months, examining different funding methods and structures and responsibilities for the utility, in order to meet The Western Washington Growth Management Hearings Board demand to address state stormwater regulations in Eastsound and Lopez Village.

The County Council has already approving authority to borrow up to $2 million from the County road fund to finance capital stormwater projects in Eastsound, but still need to pay for Lopez Village, and to come up with a way to pay back the loans to make the requried stormwater improvements.

It is the need for money for Eastsound and Lopez Village, as well as a County desire to generate additional money, that is now driving the funding ordinance for the stormwater fee structure.

The legal text of the proposed ordinance is not being released Peterson told the Council because it is being reviewed by the County Prosecutor, but a press release by the County now states that it is “currently being revised by the County Prosecutor; however excerpts representing the essential elements of the ordinance follow:

Essential Elements of Draft Storm Water Ordinance 2008

Citizens’ Storm Water Advisory Committee.

A. Establishment. There is hereby created a citizens’ storm water advisory committee.
B. Purpose. The purpose of the storm water advisory committee is to provide advice to the County Council and make recommendations on matters pertaining to storm water including capital facilities, projects, priorities of projects, fees and charges consistent with the guidelines provided by the County Council, provisions for the appeal, adjustment or remission of fees, and all other policy matters related to the establishment of an effective storm water utility.
C. Membership. The storm water advisory committee shall be composed of seven members, one from each council member district and one member at large.
Each member shall be appointed for a term of four years, the dates of which shall coincide with the full term of the respective council member district. The term of the at-large member shall coincide with the term of the council member in District 1.

Guidelines for Storm Water Fees:

A. After January 1, 2009, all new storm water fees for the storm water utility shall be established by the County Council by ordinance after first considering the written recommendations of the citizens’ storm water advisory committee and testimony from the public at a public hearing. The fee structure . . . may include one or more of the following:

1. A Basic Fee, which recognizes the benefit to every property owner from protection against flooding on county roads, protecting the quality of groundwater recharge, protection of the near shore marine environment and compliance with state law;
a. An amount for areas located inside of unincorporated urban growth areas;
b. An amount determined to be roughly proportionate to the benefit received;
c. An amount determined to be roughly proportionate to the amount of impervious surfaces on the property relative to other property owners;
d. An amount determined to be roughly proportionate to the presumed benefit based upon projected costs of projects/improvements on an island-by-island basis;
e. The contribution to be made by the County Road Fund to reflect the run off by county roads and right of ways;
f. Consider reduction in the fee when a property owner shows that they have adopted measures to reduce water run off and improve water quality

Storm Water Fees

A. Basic Fee. Each parcel in San Juan County, except for parcels taxed as forest land . . . or as timber land, that exists on October 1 of each year shall be assessed annually, and the owner shall pay a Storm Water Fee, known as the “Basic Storm Water Fee.”
B. Additional Fee. In addition to the Basic Storm Water Fee, each parcel in San Juan County, except for parcels taxed as forest land or timber land that exists on October 1 of each year and which parcel is located inside the exterior boundaries of Eastsound and Lopez Village urban growth areas shall be assessed annually, and the owners hall pay an additional fee, known as the “Additional Storm Water Fee.”
C. The basic Storm Water Fee and the Additional Storm Water Fee when applicable shall be included with the first half San Juan County property tax statements. Properties that do not receive a property tax statement will receive a separate service charge billing statement.

Storm Water Fund Appropriation

A. The appropriation of revenues collected from the Basic Storm Water Fee and Additional Storm Water Fee will be made in the 2009 budget process, commencing in the summer of 2008 and occur each year thereafter. The County Council will request a written proposal for use of the funds from the County Administrator after appropriate consideration by the Citizens’ Advisory Storm Water Committee.
B. The fee collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities or any part of the cost or expense planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities.
C. Such funds may be used for watershed basin planning, water quality monitoring, gathering data and measuring actual impermeable surface area for commercial, institutional and industrial properties, capital facilities, operations and staff time and materials, or such other items as proposed and approved by the County Council.

Adjustment and Appeals of Charges

A. Any person billed for storm water fees may file a “Request for Service Charge Adjustment” with the County Auditor within thirty (30) days of the date of the bill. However, submittal of such a request does not extend the period of payment for the charge.
B. A request for service charge adjustment may be granted or approved by the Auditor only when the County Auditor finds that the fee has been applied in a manner inconsistent with the ordinance adopting the fee.
C. Service charge adjustments will only apply to the bill when due and payable, and bills subsequently issued. In the even that the County replaces estimated impervious surface area with measured impervious surface area, in the absence of an appeal, such actual impervious surface area will be used for future bills.
D. Decisions on requests for service charge adjustment shall be made by the County Auditor based on information submitted by the applicant and by the public works department within thirty (30) days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the County Auditor’s decision. If an adjustment is granted which reduces the service charge for the current year, the applicant shall be refunded the amount overpaid in the current year.

Expiration

On December 31, 2014, the amount of the Basic Storm Water Fee and the Additional Storm Water Fee shall expire and be reduced to zero, unless action is taken by the County Council to readopt such a fee. In the event additional funding of storm water capital projects and studies is needed after December 31, 20014, the County Council will need to readopt the fee or provide an alternative method of funding.