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HomeMy WebLinkAbout2019-07-22-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday July 22, 2019 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Bowers Field Consultant RFQ For Operational and Planning Assistance Discussion 3. Flood Control Zone District Levy Rate Discussion 4. Executive Session RCW 42.30.110(b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price S. Other business 6. Adjourn Created on 7/18/2019 10:17:31 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG Regular Meeting MONDAY 1:30 PM JULY 22, 2019 Board members present: Chairman Cory Wright; Commissioner Laura Osiadacz Others: Mark Cook, Arden Thomas, Taylor Gustafson, Candie Leader, Public Works and Four (4) Members of the Public At 1:30 pm Chairman Cory Wright opened the Public Works Study Session. Two (2) items were added under Other Business - Department of Commerce Grant for Bowers Field and Engineering and Planning Consultant for Bowers Field BOWERS FIELD CONSULTANT RFQ FOR OPERATIONAL AND PLANNING ASSISTANCE DISCUSSION Mark Cook stated that approximately three (3) months ago staff was given direction to draft a scope of work to be completed by a Consultant in the absence of hiring an Airport Manager. Mark continued that the Request for Qualifications went out for advertisement at the end of May with submittals due June 13th for consideration. Mark Cook commented that on June 12th he was noticed of the award of a grant from the Department of Commerce for funding of items that were included in the scope of work that was out for solicitation. Mark Cook stated that the review team consisting of him, Commissioner Cory Wright, Candie Leader and Ron Mitchell with the Airport Advisory Committee all met to discuss the scoring that was completed on the submittals. Mark Cook added that after this discussion it was apparent that having two Consultants work on overlapping tasks had the possibility of not being productive. Mark Cook stated that he is recommending not awarding the scope of work and wait until interviews are completed for the Engineering and Planning Consultant to be selected. Chairman Cory Wright added that while on the surface this is frustrating not awarding the scope of work, staff was unaware that the grant was going to be awarded and economically the task order approach is the best path forward. Mark Cook requested to discuss items under Other Business since the topics are related. OTHER BUSINESS: DEPARTMENT OF COMMERCE GRANT FOR BOWERS FIELD Mark Cook stated that with the absence of awarding the scope of work 2019-07-22 MINUTES staff can, through the selected Engineering and Planning Consultant, negotiate for a Sub -Consultant to work on specific tasks. Mark Cook continued that with the Department of Commerce grant the design of Runway 7/25 can be completed, a commercial appraisal done and fund an economic development plan. Mark Cook added that there is not enough grant funds to rubblize Runway 7/25. ENGINEERING AND PLANNING CONSULTANT FOR BOWERS FIELD Mark Cook reported that the Request for Qualifications for Engineering and Planning Services have been reviewed and scored. Mark Cook stated that four (4) submittals were received and staff is looking to schedule interviews with three (3) Consultants. Commissioner Laura Osiadacz commented that she would still like to look at the broader picture and the vision was to get an Airport Manager and a Consultant could get the Airport Manager in a position to help manage Bowers Field, however, she doesn't want to see the current Airport Manager/Director of Public Works and County Engineer continue to get overtasked with projects. Mark Cook added that we have potential lessee's selecting lots that currently have no utilities and taxiways to them. Mark Cook stated that the Board of County Commissioners will see the level of investment needed once the economic development plan is completed. Mark Cook continued that a full time presence by the County is needed at Bowers Field along with a FBO with the expiration of the agreement with Central Washington University. Mark Cook stated that he is adding some budget lines in the budget cycle for 2020 that the Board will be seeing. Discussion was held. FLOOD CONTROL ZONE DISTRICT LEVY RATE DISCUSSION Mark Cook stated that currently he is the Flood Control Zone District (FCZD) Administrator and the fund has one (1) full time employee, Karen Hodges that currently is not a huge financial drain on the District. Mark Cook continued that it was his understanding that this fall the FCZD was going to expire. Mark Cook reported that after meeting with legal the FCZD will still be formed however, the levy rate will expire. Mark Cook added that when this happens on January 1, 2020 there is no way to continue funding the District. Mark Cook explained that the FCZD has done well since the formation and has collected 2.9 million dollars in funding from the levy and has secured 5.7 million dollars in supplemental funding. Mark Cook stated that by Board direction an advisory committee was formed and they are now working on a Capital Facilities Plan for the FCZD and the first round of projects are in the millions. Mark Cook added that he is bringing this forward now so the Board can get familiar with the issues the District is facing. Discussion was held. 2019-07-22 MINUTES EXECUTIVE SESSION: Fifteen (15) minutes was requested. Entered into Executive Session at 2:02 pm Adjourned at 2:17 pm. Action was taken. Staff was directed to move forward with the request and acquisition of the Stewart property using State Funding and if necessary Flood Control District funds. Meeting adjourned at 2:18 pm. 2019-07-22 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS —BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: July 22, 2019 TOPIC: ELN Consultant RFQ for Operational and Planning Assistance ACTION REQUESTED: Reject all responses LEAD STAFF: Mark R. Cook RECOMMENDATION: Reject all responses to Public Works request for qualifications, Bowers Field consultant services for operational and planning assistance. Shift the identified scope of work items to a single Task Order contract consultant. BRIEFING SUMMARY: • No Airport Manager was selected from the solicitation in March of 2019 • The "on-call" contract with Century West Engineering expired on April 1, 2019 • In early May 2019, the Board of County Commissioners (BOCC) directed staff prepare a request for qualifications for consultant operational and planning assistance in the absence of an Airport Manager • Public Works' (PW) solicitation ran on May 30 and June 6, 2019 • Three responses were received on June 13", 2019 (EXHIBIT l) • On June 11, 2019, PW received notification from the Department of Commerce (DOC) of 2019-2021 Capital Budget award ($275,000) for Bowers Field improvements (EXHIBIT 2) • A follow-up communication from Commerce with supporting grant documents was received by PW on June 12, 2019 • The four member selection committee reviewed and ranked the three responders: WH Pacific, Century West and McCracken Aerospace. Three agreed on 1, 2 and 3 with a single member dissenting. • The committee met on July 16, 2019 discussing the preferred path forward BACKGROUND: Hiring an Airport Manager was not successful in the first round of interviews back in March 2019. PW received direction from the BOCC to solicit for operational and planning support in May, following the expiration of the "on-call" consultant contract with Century West Engineering on April 1, 2019. PW solicited for qualified firms and received three responses on June 13, 2019. On June 11, 2019, PW received notice of grant award from DOC supporting various improvements at ELN. Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: The RFQ operational and planning (O & P) support review committee met on July 16, 2019 discussing committee member scoring sheets and recommendations for selection. During the discussion, it became clear that the pending grant contract with DOC alters the previous path forward as discussed with the BOCC. One significant element of the O & P RFQ is to develop an economic development plan for ELN. DOC is now offering to fund development of the plan. Another element of the O & P RFQ is to develop rules and regulations for ELN. This scope item is expected to integrate into development of the economic development plan. Recent events at the Airport Advisory Committee indicate a greater willingness for the committee to take work products. A maintenance subcommittee was recently formed to assess maintenance needs and inform the Airport Manager on 2020 budget line items. The committee has also toyed with the idea of updating Title 19 which is also a scope of work item identified in the O & P RFQ. Along with the unanticipated DOC grant, PW has concluded an RFQ process seeking engineering and planning support services for a multi-year contract at ELN. The selected consultant will provide task order services to PW airport staff and work implementing ELN's capital facility plan. Staff now believes it will be more efficient having the DOC work and work envisioned in the O & P REQ be managed by a single consultant. This will minimizes potential duplication of work by different consultants and create cost savings during economic development plan efforts. It will also allow the Airport Committee technical support in revising Title 19 creating additional cost savings to the County. This approach will not delay any deliverables anticipated by the O & P RFQ, as staff is finalizing review of the Task Order contract responders. The selected consultant will provide services for the next two years with a potential third year of service if requested by PW. It is regrettable that staff put the three O & P RFQ responders through the RFQ process without awarding services. The DOC grant was completely unanticipated by staff at the time of solicitation for the O & P RFQ. It does not make sense to staff to potentially issue multiple contracts to multiple services providers and expect that no overlap in deliverables will occur resulting in increased cost and potential conflicts in recommendations. This approach allows full integration of numerous products including the grant funded economic development plan funded by DOC. FISCAL IMPACTS: Cost savings are anticipated by awarding an integrated scope of work to a single consultant. Using the DOC grant to complete the economic development plan is expected to save the Airport Fund approximately $140,000 ($80,000 in plan creation and $60,000 in appraisal costs). ATTACHMENTS: Exhibit 1: RFQ for operational and planning support services Exhibit 2: Electronic notice of award for ELN from DOC Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT l: Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT �YUsc"Es... ro , KZTTITAt5i COUNTY DEPARTMENT OF PUBLIC WORKS Mark Cook, Director MI TITAS COUNTY REQUEST FOR STATEMENT OF QUALIFICATIONS Bowers Field Consultant Services Providing Operational and Planning Assistance All submittals received after June 13, 2019 at 10:00 AM will be discarded PURPOSE: The selected consultant will complete a series of tasks supporting numerous airport operational and planning needs. SCOPE OF PROJECT: Provide professional services supporting airport operational matters: define rates and charges, best management practices, revision of Kittitas County Code Title 19, revise Kittitas County Code Title 17.58, develop rules and regulations, advise on the need for a wildlife management plan and create an economic development strategy for the airport. PROCEDURES FOR SUBMITTAL: If you wish to be considered for work under this SOQ, you must be a registered consultant on the Municipal Research and Service Center of Washington — Shared Small Works and Consultant Roster (www.mrscroster.org). If interested in providing Bowers Field support services to the County, submit a sealed envelope to Mark R. Cook, Kittitas County Airport Manager, at 411 N. Ruby St. Suite 1, Ellensburg WA 98926. Submittals shall include a one page cover letter with the firm name as listed on the MRSC web site and contact information. Submittals shall also include four copies of your Statement of Qualifications describing the firm's or team's ability to professionally provide the aforementioned services. For your records, the County will provide a confirmation email to the contacts provided in the submittal confirming receipt of your interest in the proposal. Submittals received after will be disregarded. A review committee will review responder submittals and determine if interviews are necessary. The committee may elect to contract with a service provider without conducting an interview. Kittitas County encourages disadvantaged, minority and women owned consultant firms to respond. The County reserves the right to reject any and all submittals. 411 N. Ruby St. Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 SUBMITTAL REVIEW PROCESS AND PROPOSED SCHEDULE: Kittitas County selection will be based on the following criterion: 1. The firm's or team's qualifications, experience and ability to perform the work; 2. Demonstrated experience with similar airports of similar size; 3. Demonstrated ability working with the Federal Aviation Administration (area ADO); 4. Demonstrated ability communicating and working effectively with the public, staff, policy and review bodies and regulatory agencies. 5. Demonstrated experience economically developing similar size airports. Anticipated Dates Tasks June 13, 2019 Deadline for SOQ submittals July 5, 2019 SOQ Review committee July 18, 2019 Interviews and Reference Checks July 23, 2019 Selection of firms and prepare contracts August 6, 2019 BOCC Award of Contracts Submittals will not exceed 20 pages including cover, title pages and graphics; 12 point font. A page equals one side of a piece of paper (ten pages front and back). The selection process shall be based on the following allocation of points: 1. The firm's or team's qualifications, experience and ability to perform the work (20); 2. Demonstrated experience with similar airports of similar size (20); 3. Demonstrated ability working with the Federal Aviation Administration (area ADO) (20); 4. Demonstrated ability communicating and working effectively with the public, staff, policy and review bodies and regulatory agencies (20). 5. Demonstrated experience economically developing similar size airports (20). Kittitas County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The above noted schedule is tentative and may be changed based on the number of proposals submitted. Proposals will be evaluated immediately with final selection targeted for early August 2019. AGREEMENT OF SERVICES: The selected consultant(s) will be expected to enter into a standard Professional Services Agreement. Insurance requirements are included in that agreement. The contract period shall be for a one year period ending September 1, 2020. Page 2 of 3 Dept. of Public Works Page 3 Persons with disabilities may request this information be prepared and supplied in alternate forms by calling collect (509-962-7523). Kittitas County reserves the right to accept or reject any and all proposals or any items or part thereof or to waive any information or irregularities in the proposals. Kittitas County shall have the sole discretion to determine the most responsible proposal. ADDITIONAL INFORMATION: No cost or fee schedules shall be submitted with your proposal. Consultants will be selected on the basis of their qualifications and experience, with fees determined through negotiations following selection. The qualifications of consultants are evaluated and the best qualified consultant is selected, subject to a mutual understanding of the scope of services and negotiation of a fair and reasonable fee. INQUIRIES: Direct all inquiries regarding this request for services to Mark Cook Director of Public Works at (509) 962-7523, or via e-mail: Mark Cook Mark. CookAco. kittitas.wa. us Dates of publication: Ellensburg Daily Record — May 30, 2019 and June 6, 2019 Daily Journal of Commerce — May 30, 2019 and June 6, 2019 Page 3 of 3 EXHIBIT 2: Page 4 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Mark Cook From: Calleja, Carrie (COM) <carrie.calleja@commerce.wa.gov> Sent: Wednesday, June 12, 2019 9:42 AM To: Mark Cook Subject: Legislative Direct Appropriation — Bowers Field Airport Attachments: EO 05-05.pdf; LEED Certification Declaration 2020 Contracts.doc; 2019-21 DA Guidelines.pdf, Archaeological review.docx; Award Letter.pdf, Checklist.docx; Contract Readiness Survey 2020 Contracts.doc Importance: High Congratulations! The Department of Commerce is pleased to partner with you on the Bowers Field Airport project. I will serve as your primary contact at the Department of Commerce and will work with you to execute your contract. The contracting process is initiated by submitting the completed Contract Readiness Survey and LEED Certification to me by July 22, 2019. Attached you will find the following documents: Grant Award Letter 2019-2021 Direct Grant Program Guidelines Contract Readiness Survey LEED Certification Declaration Instructions for Completing 05-05 Cultural Review • 05-05 Checklist If you have any questions or need additional information, please do not hesitate to contact me. I look forward to working with you. Cawrz' e° Cc &ll ,r, Dental Clinic/Library Improvement Grant Programs Office: 360.725.3175 Cell: 360.810.1925 Carrie. ca Ile ia(a).commerce.wa.gov Office Hours: M -Th: 7:00 AM -5:30 PM Department of Commerce Local Government Division 1011 Plum ST SE PO Box 42525 Olympia, WA 98504 www.commerce.wa.gov STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 •Olympia, Washington 98504.2525 • (360) 725.4000 www.commerce.wa.gov June 11, 2019 Mark Cook Public Works Director, Kittitas County 411 North Ruby Street Ellensburg, WA 98926 RE: 2020 Direct Appropriation Grant for Kittitas County, Bowers Field Airport Dear Mark Cook: Congratulations on being awarded a $275,000 state grant in the 2019-2021 Capital Budget for your project. Funds for your project were included in the budget at the request of the Governor or Legislature. Now that the capital budget has been signed into law, our role is to release these funds in a way that meets the intent of the Legislature and conforms to state regulations. We strive to do so expeditiously and will make the process as simple as possible for you. Before you can receive the funds, a contract will need to be executed between your organization and the Department of Commerce. In order to get the contracting process started, please follow these steps: • Complete the attached Contract Readiness Survey. Please note that there will be a two percent (2%) administrative fee (no more than $50,000) charged to the grant • Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable • Complete the attached LEED certification declaration • Attach a copy of the project request form/packet that you submitted to the Legislature Email the above documents by July 22. 2019 to your Grant Manager, Carrie Calleja, email address carrie.calleja@commerce.wa.gov. Please note that this is a cost reimbursement grant. Once your contract is executed, funds may be disbursed for reimbursement of costs incurred associated with your project's scope of work. Funds may be retroactively reimbursed back to July 1, 2016. Once we receive your complete set of documents, I will begin preparing your contract. I may contact you for further information. The Legislature does not provide funding for the management of these grants. The Department of Commerce is withholding an administrative fee of $5,500 for management of this grant. $269,500 is available for your incurred costs. I look forward to working with you on this project. If you have any questions or need additional information feel free to contact me at my contact information below. Sincerely, Co,� Q'-�/ Carrie Calleja Program Manager Community Assistance and Research Services Unit (360) 725-3175 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: July 22, 2019 TOPIC: Flood Control Zone District Levy Rate ACTION REQUESTED: Direct Staff Include the Flood Control Zone District Levy Rate in the October 7, 2019 Public Hearing LEAD STAFF: Mark R. Cook RECOMMENDATION: Set an appropriate levy rate supporting ongoing Flood Control Zone District activities in 2020. BRIEFING SUMMARY: • The Kittitas County Flood Control Zone District was established pursuant to Resolution 2012-081. • The Flood Control Fund was established with Resolution 2012-089. • An advisory vote was created with Resolution 2012-092 setting the levy rate at $0.07 per $1,000 of assessed value for a period of seven years. • The rate terminates at midnight December 31, 2019. BACKGROUND: Following establishment of the countywide Flood Control Zone District and subsequent Fund 107, the Board of County Commissioners (BOCC) placed an advisory vote on the November 6, 2012 general election ballot. The advisory passed setting the initial levy rate for Fund 107 at $0.07 per $1,000 of assessed value. The advisory levy rate terminates at midnight December 31, 2019. DISCUSSION: The District has collected approximately $2,866,058 in levy fees (to date) since 2012. Staff has generated approximately $5,715,144 in state and federal grants during the same time period. The District is currently generating twice the amount of supplemental funding than it is collecting in levy fees. This underscores the financial and operational success of the District. Prior to establishing the Flood Control Fund, there was no dedicated funding source for maintaining existing flood -related infrastructure and flood related expenses incurred during emergencies were taken from other important county projects. There was no Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT funding available for planning or constructing projects to reduce and prevent flood damage. The Flood Control Zone District Advisory Board is completing review of potential capital facility projects. Construction of initial improvements is anticipated in Spring 2020. Currently, after seven years of rate collection, approximately $1,000,000 is available in Fund 107 supporting capital facility construction. The current levy rate at $0.07/$1,000 currently generates approximately $550,000 a year. Prior to 2019, the District supported a single full time employee with the Director supporting flood control activities as approximately 0.20 FTE. A Water Resources Manager was added in 2019 and is substantially funded by Fund 107. The District's current full time employee (Planner III) is retiring in December 2019. PW proposes staffing the District at 1.6 FTEs in 2020. While 2020 staffing levels are not anticipated to appreciably increase 2020 budget levels, implementation of the capital facility plan is expected to rapidly dimension existing fund reserves. Staff believes the District is now prepared to move into the next phase of countywide improvements: implementation of the capital facility plan. FISCAL IMPACTS: The District will not support current staff (beyond mid 2020) without implementation of a levy rate for 2020. The current rate collects a minor amount of money and is not expected to support robust implementation of the capital facility plan for the District. Once the capital facility plan is finalized, staff will inventory project expenses supporting CFP implementation against various levy rate models. Evaluation of various levy rates will be completed and presented to the Board in early October 2019. ATTACHMENTS: Exhibit 1: Resolution 2012-081 Exhibit 2: Resolution 2012-092 Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2012- D ' TO ESTABLISH A COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT FOR KITTITAS COUNTY IN ACCORDANCE WITH THE TERMS, CONDITIONS, AND REQUIREMENTS OF CHAPTER 86.15 RCW WHEREAS: on the 18th day of January, 2012, in a regular session, the Board of County Commissioners (the "Board") unanimously passed Resolution No. 2012-001 initiating the creation of a proposed county -wide Flood Control Zone District in accordance with RCW 86.15.010, et seq., and amendments, changes and alterations and additions thereto; and WHEREAS: notice of public hearing of the intent of the Board of County Commissioners to establish a Kittitas County Flood Control Zone District was given, made and published as provided by law and such hearings on the establishment of said Flood Control Zone District were held on June 20, 2012 in Ellensburg, and on June 27, 2012 in Cie Elum; and WHEREAS: the Board of County Commissioners finds that there is a public necessity for the establishment of the Kittitas County Flood Control Zone District and that it is in the best interest of the County and for the general public health, safety, benefit, welfare and economic development and use. NOW, THEREFORE IT BE RESOLVED that the Board of County Commissioners establishes a county -wide flood control zone district which shall be designated Kittitas County Flood Control Zone District, which shall have all the powers, authorities, and duties provided in RCW 86.15, et seq., and any and all amendments, changes or alterations thereto or laws pertaining to such, and including provisions as herein provided. BE IT FURTHER RESOLVED that the boundaries of said district are hereby established and declared to be as described in RCW 36.04.190, to wit: Commencing at a point where the main channel of the Columbia river crosses the township line between township fourteen and fifteen north, range twenty-three east of the Willamette Meridian, and running thence west on said township line to the range line between ranges eighteen and nineteen east; thence north on said range line six miles, or to the township line between the townships fifteen and sixteen north; thence west on said township line to the range line between ranges seventeen and eighteen east; thence north to the township line between townships sixteen and seventeen north; thence west along said township line and a line prolonged due west to the Naches river; and thence northerly along the main channel of the Naches river to the summit of the Cascade mountains, or to the eastern boundary of King county; thence north along the eastern boundary of King county to the point where such boundary intersects the summit of the main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers and the water flowing southerly and westerly into the Yakima river; thence in a general southeasterly direction along the summit of such main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers and the waters flowing southerly and westerly into the Yakima river, following the course of the center of the summit of the watershed dividing such respective waters, to the fifth standard parallel north; thence east along the fifth standard parallel north to the middle of the main channel of the Columbia river; thence down the main channel of the Columbia to the place of beginning. BE IT FURTHER RESOLVED that the area described herein as such zone boundaries incorporate any and all watersheds located in said described boundaries. BE IT FURTHER RESOLVED that the governing body shall be the Board of County Commissioners as Kittitas County Flood Control Zone District Supervisors and the administration of affairs of the zone district shall be under the office of the Kittitas County Engineer. They shall have all the powers granted by law. DATED this 0day of '' Lc. 2012, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Alan Crankovich. Chair LEGAL CONSIDERATIONS OF FCZD FORMATION AND OPERATION Flood Control Zone District — RCW 86.15 Creation: 86.15.020 BOCC may initiate by resolution OR by petition of 25% of electors in last general election. Subzones authorized: 86.15.025 BOCC may form countywide zone incorporating all watersheds not already in a flood zone. Subzones authorized. Governing Bodv: 86.15.050 Board of County Commissioners. Administered by: 86.15.060 County Engineer Advisory Committee: 86.15.070 Board may appoint advisory committee up to 15 members. Ouasi Municipal Corporation: 86.15.095 A flood control zone district is a quasi -municipal corporation, an independent taxing "authority" and a "taxing district' within the meaning of the state constitution. Can hire employees, staff, and services, enter into contracts and sue and be sued. Public Hearings: 86.15.120 Before undertaking any flood control improvement or storm water control improvement a public hearing must be held. Budget: 86.15.140 Must set budgets for overhead and administration; maintenance and operation; construction and improvements; bond retirement and interest. Budget and any supplemental budget shall only be approved after a public hearing. Powers: 86.15.080 Exercise all powers vested in county for flood and storm water control; Plan, construct, acquire, repair, maintain and operate all necessary equipment, facilities, improvements, and works to control, conserve, and remove flood and storm waters; Control, conserve, retain, reclaim, and remove flood waters and storm waters including waters of lakes and ponds within district; Acquire necessary property, property rights, facilities, and equipment necessary to the purposes of the zone by purchase, gift or condemnation provided property of municipal corporations cannot be acquired without consent of such municipal corporations; Sue and be sued in name of zone. Acquire or reclaim lands when incidental to purposes of the zone and dispose of such lands as surplus; Cooperate with or join with State, United States, any agency, corporation or individual for purposes of this chapter; Accept funds or property by loan, grant, gift, or otherwise from the United States, State of Washington, or any other public or private source; Remove debris, logs or other material which may impede the orderly flow of waters in streams or water courses. General Obligation Bonds: 86.15.170 BOCC may authorize issuance of general obligation bonds to finance any flood control improvements only when the voters of the flood control zone district approve a ballot proposition authorizing both the bond issuance and imposition of the excess bond retirement levies pursuant to the Washington Constitution. Excess Levies, assessments, regular levies and charges — Local improvement districts: 86.15.160 BOCC may authorize: Annual excess ad valorem tax levy within any zone with approval of voters. Assessment upon property special benefited by flood control or storm water improvements. A charge for furnishing of service to those receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff. Create "LID'S" and "ULID's". Service Charges Authorized: 86.15.176 BOCC can fix rates and charges for the furnishing or service to those served or receiving benefits from a flood control improvement. Service charge shall be uniform for the same class of benefits or service. BOCC at its discretion consider the character and use of land and its water runoff characteristics and any other matters that present a reasonable difference as a ground for distinction. EXHIBIT 2: Page 4 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. ,;9 6 I ,� _0497 A Resolution Approving A Ballot Measure Establishing A Regular Levy For The Operations And Maintenance Of The Kittitas County Flood Control Zone District WHEREAS, a notice was published that the Commissioners of said county would meet on the 7th day of August 2012, at the Kittitas County Courthouse for the purpose of making and adopting a budget Fund 107 — Flood Control Fund and giving taxpayers within the limits of said County an opportunity to be heard upon said budget; and WHEREAS, the said proposed budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the County of Kittitas for the purposes set forth in said budget, and the estimated revenues and expenditures set forth in said budget being all necessary to carry on the government of Kittitas County for 2013 and being sufficient to meet the various needs of said County during said period, and WHEREAS, the Board of County Commissioners did meet at said time and place, and approved said budget with an estimate of the amount of the moneys required to meet the public expenses of the Flood Control Fund for the fiscal year January 1St through December 31" 2013, and WHEREAS, the Board of County Commissioners directed that the authorization to levy taxes on behalf of the Flood Control Zone District be put before a vote of the people. NOW, THEREFORE BE IT RESOLVED, the ballot measure, Proposition #1 shall be added to the November 6, 2012 General Election ballot and shall read: Kittitas County Flood Control Zone District Resolution 2012-081 formed a countywide Flood Control Zone District that is responsible for carrying out activities related to flood fighting, recovery, and mitigation. The FCZD will work to lower the flood risk to public and private infrastructure through proactive floodplain management by working to prevent the creation of new flooding problems and ensuring that the existing flood protection systems are properly maintained. The FCZD will work to enhance the understanding of floodplain and river systems, through sound engineering, to provide direction on the best use of County resources and identified partnerships. This proposition authorizes the District to collect a regular property levy of $0.07 per $1000 of assessed value for a period of 7 years. Should this Flood Control Zone District levy be approved? YES/NO APPROVED, this 7th day of August 2012. BOARD OF COUNTY COMMISSIONERS MMISs.1 S KITTITAS COUNTY WASHINGTON 00O4''O� o ,.may .._. .......,'1'F ' J Alan Cr " kovich, Chair J. 44 Paul Jewell, Commissioner