2021-08-09-minutes-public-works-study-session

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Lick Creek landowners provided comment about the Lick Creek Fish Barrier Removal Project at the January 27, 2021 Advisory Committee meeting. The Advisory Committee evaluated this project at the May 26, 2021 Advisory Committee meeting, utilizing previously adopted evaluation criteria. Based on this review, the Advisory Committee recommended that the County not fund the proposed project. This recommendation was documented in a motion that unanimously passed. The Advisory Committee approved an annual budget and six-year Capital Improvement Plan during their regularly scheduled July meeting. The. 2022 annual budget and six-year Capital Improvement Plan that staff prepared for Advisory Committee action included project costs associated with the Lick Creek project, at the direction of the Board of County Commissioners. The Advisory Committee motioned to remove this project from the 2022 budget. This motion unanimously passed. DISCUSSION: In multiple meetings, Advisory Committee members have expressed concerns about public funding being used to provide private benefits. The Advisory Committee has established the following criteria for determining when they evaluate and recommend District Funding for private benefit: 1) Capital project activities that benefit private property owners are allowable if there is an associated public benefit. 2) District fiznding will not be used to meet minimum regulatory requirements for private projects. 2) Projects that will reduce off-site flood impacts may create a public benefit and will be eligible for funding consideration. Advisory Committee members expressed concern about the precedence that funding the Lick Creek Fish Barrier Removal Project sets. Electing to fund this project, when there is not a significant associated public flood benefit, may encourage future requests to fund projects that primarily benefit individual landowners. The Advisory Board, in the absence of explanation for project inclusion by the Board, is recommending removal of Lick Creek property owner support funding. An option funding the Board's desired project could be to divert Road Fund to the general fund and then fund the project with General Fund dollars. Public Works could manage the project on behalf of the Board. This option has been discussed with the Board's legal advisor. FISCAL IMPACTS: The decision on whether or not to fund the Lick Creek Fish Barrier Removal Project will affect the amount of reserve funding available in the Flood Control Zone District budget. Providing the Board elects to fund the project with diverted Road Fund, staff recommends diverting $120,000 covering project costs and staff effort. ATTACHMENTS: Exhibit 1: Lick Creek Project Memo Exhibit 2: May 26, 2021, Flood Control Zone District Meeting Minutes Exhibit 3: Project Evaluation Criteria Page 2 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT