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KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS <br />STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: :November 27, 2017 <br />TOPIC: Wiehl Road Improvement District Update <br />AC'T'ION REQUESTED: Request the Prosecuting Attorney's Office to Brief the <br />Board on District Formulation <br />LEAD STAFF: <br />Mark R. Cook <br />RECOMMENDATION: <br />Request the Prosecuting Attorney's Office brief the Board of County Commissioners <br />(BOCC) on ,Road Improvement District Formulation pursuant to RCW 35.85.020 <br />BREIFING SUMMARY: <br />• County road improvement district legislation is found at RCW 36.88 <br />• RCW 36.88.065 allows the use of RCW 35.43 <br />• Using RCW 35.82.020 avoids requiring an election <br />• Staff has received few comments from our October 27. 2017 letter <br />BACKGROUND: <br />For the past two years, the Public Works Department (PW) has been working with <br />residents in the Wiehl Road area towards forming a road improvement district (RID). <br />Residents responded to a petition effort in early 2017 favorably (90%-1- ). The <br />Prosecuting Attorney's Office (PA) subsequently determined that any RID improvement <br />requires dedication onto the public road network following improvement construction. <br />PW redesigned the proposed Wiehl Road improvements and briefed the Board on cost <br />issues. The BOCC has previously committed to cost share (5150,000 and any cost over- <br />runs) and staff noticed all potential district residents by mail on October 27, 2017 <br />(EXHIBIT 1). 1 o date, I have received one email and had one conversation regarding <br />our letter. The email is attached as EXHIBIT 2. The phone conversation (11-20-2017) <br />informed me of opposition from one proposed district resident. <br />Proponents for RID forniulation are anxious to move forward with the process. <br />DISCISSION: <br />PW believes it is time for the BOCC to receive legal advice from the PA's Office. <br />Specifically, PW desires the BOCC understand RID formulation process (resolution) and <br />render an opinion on the proposed district cost recovery model based on the number of <br />Page I of 4 <br />PUBLIC WORKS BOARD OF COUN I Y COMMISSIOM RS WORK SESSION S'FAFF REPOR I <br />