HomeMy WebLinkAbout2018-06-11-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday June 11, 2018 - 1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Request to Approve Revised Bylaws for the Airport Advisory Committee
3. Twenty Year Transportation Plan Presentation
4. Memorandum of Agreement with Central Washington University for Bowers Field
Discussion
5. Other business
6. Adjourn
Created on 6/8/2018 8:44:06 AM
KITTITAS COUNTY
PUBLIC WORKS STUDY SESSION MINUTES
COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG
Regular Meeting
MONDAY 1:30 PM June 11, 2018
Board members present: Chairman Laura Osiadacz; Vice -Chairman
Obie O'Brien; Commissioner Paul Jewell
Others: Mark Cook, Sara Folk, Candie Leader, Public Works; Dan
Carlson, Steph Mifflin, Lindsey Ozbolt, Community Development
Services; Kendra Breiland, Fehr and Peers; Kayla Bonar, Daily
Record; Fourteen(14) members of the public
REQUEST TO APPROVE REVISED BYLAWS FOR THE AIRPORT ADVISORY
COMMITTEE
At 1:42 pm Chairman Laura Osiadacz opened the Public Works Study
Session. Mark Cook requested to add one item to the agenda
under Other Business - FLAP Grant Award(s).
Mark Cook stated that the Airport Advisory Committee has spent
several months revising the bylaws for the committee and is
presenting them today for Board of County Commissioner approval
in advance of the next scheduled committee meeting. Discussion
was held. Chairman Osiadacz called for a motion to approve.
Commissioner O'Brien made a motion to approve the Airport
Advisory Committee bylaws. Commissioner Jewell seconded the
motion with discussion. Motion passed.
TWENTY YEAR TRANSPORTATION PLAN PRESENTATION
Mark Cook stated that Kendra Breiland from Fehr and Peers was in
attendance to give a presentation on the transportation plan
staff has been working on for the past several months. Mark
Cook continued that the project is on schedule and included in
the plan are streamlined policies, a twenty year business model
and a funding plan. Mark Cook introduced Kendra Breiland who
introduced the project and gave background on the staff involved
and the different approaches used to put the plan together.
Discussion was held. Commissioner Jewell had suggestions for
the plan and stated that this was the best plan he had seen.
Mark Cook then recognized the efforts by Jason Smith with Jacobs
and also Kendra Breiland with Fehr and Peers. Mark Cook added
that staff will return in a few weeks with a request to adopt.
2018-06-11 MINUTES
MEMORANDUM OF AGREEMENT WITH CENTRAL WASHINGTON UNIVERSITY FOR
BOWERS FIELD
Mark Cook stated that this item was placed on the agenda as an
update for Chairman Osiadacz and Vice -Chairman O'Brien. Mark
Cook continued that Commissioner Jewell and he have been working
with Central Washington University (CWU) on solutions for
management of Bowers Field. Mark Cook added that a draft
Memorandum of Agreement (MOA) was put together by Commissioner
Jewell as a starting point for preliminary talks regarding co-
sponsorship of Bowers Field. Commissioner Jewell stated that
the purpose of the MOA is to see if the two parties can agree on
a path forward regarding co-sponsorship and the MOA spells out
the issues to be discussed; forms a Joint Operating Agreement
Advisory Committee (JOAAC) with representation from the county
and CWU to accomplish the tasks within the MOA and the JOAAC
meetings would be open to the public. Commissioner Jewell
continued that he would like this item added to the Airport
Advisory Committee meeting agenda to hear comments from that
Committee on the topic. Discussion was held.
Chairman Osiadacz opened the topic of discussion to the public
for comment.
A representative of Central Washington University stated that
they appreciate the first efforts of the MOA and all parties are
starting this process with good intentions and CWU has no
modifications to make to the MOA.
A member of the public requested that no action be taken today
on the approval of the MOA since the Airport Advisory Committee
has not reviewed the agreement.
A member of the public inquired if the County wants to or should
enter into an agreement with anyone considering the airport is
an underutilized asset the County owns. He added that it
appears the community hasn't had an opportunity to comment on
it.
A member of the public suggested that one of the three members
of the JOAAC representing the County be a pilot or from the
aviation community.
A member of the public stated that from the discussion held
today there has been no mention of the public and Bowers Field
is a public airport. He also requested a copy of the MOA for
review.
2018-06-11 MINUTES
Further discussion was held. Commissioner Jewell made a motion
to schedule a Public Hearing regarding a Memorandum of Agreement
between Kittitas County and Central Washington University for
June 27, 2018 at 6:00 pm in the Commissioner's Auditorium.
Vice -Chairman O'Brien seconded the motion with discussion.
Vice -Chairman O'Brien stated that he would like to have the
Airport Advisory Committee review and comment on the MOA. Mark
Cook replied that he will have the agenda for the meeting
amended to add the item for discussion. Chairman Osiadacz
commented that they heard a lot of comments today on this item
and the County is struggling with funding to maintain Bowers
Field. No further discussion was held. Motion passed.
OTHER BUSINESS:
FLAP GRANT AWARD(S)
Mark Cook stated that staff was advised of two grant awards two
projects, one for the replacement of the Dickie Creek Bridge and
the other for the Manastash Road Repair project.
Meeting adjourned at 3:14 pm.
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
L�.4' lA-K.itti
Candie Lea er Laura Osiadacz, Chairman
2018-06-11 MINUTES
Page 1 of 1
Public Notice
Kittitas County, Ellensburg WA
The Board of Kittitas County Commissioners will meet at 6:00 p.m. on June 27th, 2018 at 205 West 5th Ave Room #109,
Ellensburg, WA to Consider a Memorandum of Agreement with Central Washington University for Co -Sponsorship at
Bowers Field.
More information is online at http://www.co.kittitas.wa.us/notices/.
Publish:
'Z-"tJ4l
Daily Record: 6-14-2018 & 6-21-2018
file:///C:/Users/mandy.buchholz/Downloads/newspaper-text°/`20(1).html 6/12/2018
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KITT ITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: June 11 'h, 2018
TOPIC: Airport Advisory Committee Revised Bylaws
ACTION REQUESTED: Approve the Revised Bylaws as Submitted
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Approve the revised bylaws as submitted.
BRIEFING SUMMARY:
• The Airport Advisory Committee has reworked existing bylaws.
• The membership makeup is altered to add a pilot and include both FBOs.
• Revised bylaws return the Airport Manager (Public Works Director) to a
committee staff role.
• Approving the bylaws for use at Study Session allows for an election on the next
regularly scheduled committee meeting on June 13, 2018.
BACKGROUND:
The Airport Advisory Committee has been working for the past several months revising
committee bylaws. The bylaws are now ready for Board review and consideration.
DISCUSSION:
The Committee desires replacing the Public Works Director as Committee Chair.
Approving the revised bylaws during Study Session allows the desired election to occur
on 06-13-2018.
The ongoing role of the Committee is anticipated through 2018 pending the outcome of a
Memorandum of Agreement with Central Washington University regarding possible co-
sponsorship of ELN.
FISCAL IMPACTS:
None anticipated.
AT'T'ACHMENTS:
Exhibit 1: Revised Airport Advisory Committee Bylaws
Page 1 of
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT l: REVISED AIRPORT ADVISORY COMMITTEE BYLAWS
Page 2 of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIOYERS WORK SESSION STAFF REPORT
Kittitas County
Airport Advisory Committee
Bylaws
ARTICLE 1— Name
1.1 The official name of this organization shall be the KITTITAS COUNTY AIRPORT
ADVISORY COMMITTEE, subject, however to the approval by the Kittitas Board of
County Commissioners.
ARTICLE 2 — Purposes
2.1 Participate in the planning process for the development of the airport's
industrial, agricultural and aeronautical areas.
2.2 Review airport industrial, agricultural and aeronautical matters and development
proposals submitted by the Department of Public Works and give
recommendations to the Board of County Commissioners and/or the Airport
Manager.
2.3 The Kittitas County Airport provides a vital transportation link, servicing all of
Kittitas County with access to modern transportation options for emergency
services, commercial operations, commuter transportation, and recreational
flying. The Airport Advisory Committee is dedicated to preserving this valuable
asset by recommending the enactment of appropriate ordinances and policies to
accomplish, but not limited to, the following:
2.3.1 Enhance the airport as a transportation hub and an asset for economic
development.
2.3.2 Encourage compatible development at the airport to generate revenue
streams to decrease subsidy of airport operations and facilities from tax
revenue.
ARTICLE 3 — Membership
3.1 The representation shall be as follows:
Central Washington University Aviation Program 1 Member
FBOs (Limited) 2 Members
General Aviation Pilot 2 Member
Active Community Leaders
2 Members
Lower County (1 member)
Upper County (1 member)
Airport Lessee
1 Members
Board of Realtors
1 Member
Kittitas County ADO
1 Member
Agriculture
1 Member
City of Ellensburg Representative
1 Member
Airport Manager or designee (ex officio member,
non-voting)
3.2 Member Terms
3.2.1 Member terms shall be for 3 years.
3.2.2 At the end of each member's term, all interested individuals will be
considered for membership. Members will be selected based on the
established Kittitas County process. All interested individuals must
complete an official application.
3.2.3 Members will not be prohibited from serving consecutive terms.
3.2.4 For the purpose of staggering terms, the current membership terms will
be as follows.
1 -year term: Limited FBO (2), Lower County, Board of Realtors,
City of Ellensburg
2-yearterm: Limited FBO (1), Upper County, Airport Lessee (2),
Agriculture
3 -year term: CWU, General Aviation Pilot, Airport Lessee (1), ADO
After these initial terms each term will be for 3 years
ARTICLE 4 — Discipline of Members
4.1 After public hearing, any representative of the Committee may be removed by
the Committee chair, with the approval of the Board of County Commissioners,
for inefficiency, neglect of duty, or malfeasance in office.
4.2 A Committee member failing to attend three (3) or more consecutive meetings
may be removed and replaced on the Committee by the Board of County
Commissioners.
ARTICLE 5 — Meetings of Airport Advisory Committee
5.1 The Committee will hold an annual meeting each year in January and elect a
Committee Chair and Vice -Chair.
5.2 The Committee will meet once a month on the second Wednesday of the month,
but in no event less than once every three months.
5.3 Special meetings maybe requested by the Board of County Commissioners or
the Committee.
5.4 All meetings of the Committee shall be open to the public. As needed, a brief
time for public comment on agenda items shall be provided and controlled by
the chair after each item. Otherwise, a public comment period will be identified
on the meeting agenda.
5.5 A record of all meetings shall be kept by the Department of Public Works. These
records shall remain the property of the Department of Public Works.
5.6 All meetings with be conducted under Roberts Rules of Order.
ARTICLE 6 — Notice of Meetings
6.1 A public notice of all Committee meetings stating the place, day and hour shall
be given at least seventy-two hours before such meeting.
6.2 Committee agendas shall be set by the Airport Manager and the Committee
chair. Complete agendas will be provided to each representative prior to
commencing the meeting.
6.3 Committee members should contact the Committee chair to add items to the
meeting agenda.
6.4 The general public may contact Committee members to add items to the
meeting agenda.
ARTICLE 7 — Quorum at Meetings
7.1 At any meeting of the Committee, a majority of the attending members shall
constitute a quorum except for amendments to the Bylaws.
7.2 The Bylaws may be amended by a favorable vote of at least 2/3 of the
Committee.
ARTICLE 8 — Voting
8.1 At all meetings of the Committee, each member shall be entitled to one vote if
present. As a member of the Committee, the chair shall have his/her vote
recorded in all deliberations of the Committee.
ARTICLE 9 — Chair
9.1 The Committee Chair, when present, shall preside at all Committee meetings. In
the absence of the Committee Chair, the Committee Vice -Chair will preside and
conduct Committee business.
The Committee Chair and Vice Chair shall be elected from Committee
membership as detailed in Article 3.1.
The foregoing Bylaws of the Kittitas County Airport Advisory Committee approved and adopted
this 9`h day of May, 2018 and approved and adopted by the Board of County Commissioners
this _ day of June, 2018.
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: June 11, 2018
TOPIC: Public Works Twenty Year Transportation Plan
ACTION REQUESTED: Direct Staff Prepare Plan Adoption Legislation
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct that staff prepare plan adoption legislation (20 year plan) for BOCC consideration.
BRIEFING SUMMARY:
• Current Transportation Plan is ten years old
• New plan revises key policies
• New plan defines infra -structure needs for a twenty year period and proposes an
implementation strategy
• New plan provides the transportation element supporting revisions to the
comprehensive plan
• Financial Analysis identifies gap and funding options for M&O and Capital
Program(s)
BACKGROUND:
Public Works (PW) is required to update its twenty year transportation plan during this
comprehensive plan cycle. Numerous issues have been identified since original plan
adoption in 2008:
• Fire flight roadways
• Preservation cost demands from deferred maintenance
• Historic transportation funding streams are declining
• Development focus is shifting based on single family well restrictions.
In recent years, Public Works has rebuilt survey and design capacity reducing
dependency on consultants and building funding capacity towards system improvements.
Building a twenty year business plan delivering numerous improvements to the County
Transportation Network is a desired outcome from this planning effort.
Page I of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
DISCUSSION:
The proposed twenty year transportation plan (2018-2038) attempts to deliver on
expectations as stated by the Board of County Commissioners. Plan policies have been
streamlined towards support of project delivery. Focus is now brought to system
maintenance and bridge replacement, in addition to prioritizing the construction of new
roadways improving access to, and from, fire prone communities. The overall strategies
in the plan are streamlined from the previous plan and are intended to formulate the basis
for all future project prioritization and implementation. The plan's heavy focus on
maintaining the current system is informed by updated modeling of the surface
transportation network. That modeling affirms significant system capacity with few
exceptions — the Urban Growth Area of the City of Ellensburg. The biggest shift in plan
messaging is the need to successfully implement plan recommendations. Failure to
address deferred system maintenance will result in adverse impacts to county residents —
given the current level of service provided by Public Works. To this end, the new plan
suggests consideration of new revenue streams, which would be needed for successful
plan implementation.
The new twenty year plan represents Public Works commitment to address current and
future transportation deficiencies. The plan proposed for adoption is the business plan
defining need and project delivery that Public Works does not currently possess.
FISCAL IMPACTS:
Financial impacts are discussed in Section 7 of the plan.
ATTACHMENTS:
Exhibit 1: Kittitas County Transportation Element 2018 provided via email
Page 2 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: June 11th, 2018
TOPIC: Memorandum of Agreement (MOA) with Central Washington University
Exploring Co-sponsorship at ELN.
ACTION REQUESTED: Provide Direction Finalizing the MOA.
LEAD STAFF:
Mark R. Cook
RFCOMMFNDATION:
Provide direction finalizing the Memorandum of Agreement with Central Washington
University (CWU) for evaluating co-sponsorship of Bowers Field (ELN).
BRIEFING SUMMARY:
• The County and CWU are discussing the potential for co-sponsorship of Bowers
Field.
• Both parties desire exploring the issue in detail.
• Commissioner Jewell has prepared a draft MOA spelling out the process and
products that we will work toward until the end of the year (12-31-2018).
BACKGROUND:
Recently, the CWU Board of Trustees met discussing possible co-sponsorship of EL.N
with Kittitas County. Both parties (County and CWU) understand the need to identify
numerous issues and explore how an operating group might function.
DISCUSSION:
Staff believes it is good practice to get this draft in front of the full Board prior to CWU
weighing in with comments. Proposed CWU amendments might mean more to the
Board once you have had adequate time reviewing the original proposal.
The amount of work envisioned by the MOA is significant. The agreement termination
date of 12-31-2018 seems aggressive. The agreement does allow for mutual extension
providing the workload dictates an extension.
FISCAL IMPACTS:
Staff time delivering products described in the MOA. The cost of potential professional
services as needed delivering MOA products is unknown at this time.
ATTACHMENTS:
Exhibit 1: Draft MOA
Page 1 of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1: DRAFT MOA WITH CWA EXPLORING CO-SPONSORSHIP AT ELN
Page 2 of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
MEMORANDUM OF AGREEMENT
BETWEEN KITTITAS COUNTY AND CENTRAL WASHINGTON UNIVERSITY
REGARDING CO-SPONSORSHIP OF BOWERS FIELD AIRPORT
This Memorandum of Agreement (MOA) is intended to establish the basic principles Kittitas
County (County) and Central Washington University (CWU), hereinafter referred to as the
"Parties" or "Party", will employ in order to determine if co-sponsorship/joint operation of
Bowers Field Airport is in the best interest of both Parties.
L BACKGROUND
The Bowers Field Airport is a public -use facility, owned and operated by Kittitas County. It is
designated as a general aviation facility according to the National Plan ol'Integrated Airport
Systems, and also identified by the Washington State Airport System Plan to provide a general
aviation service -level role. The County is charged with maintaining and operating the airport in
accordance with Federal Aviation Administration (FAA) grant assurance agreements, to ensure
continued safety and efficiency as a federally supported facility. The facility was first deeded to
the County in 1947.
In 1990, CWU began its Flight Technology program, a four-year degree program. The County
and CWU entered into a lease for use of property at Bowers Field commencing March 1, 1992
and ending February 28, 2067 for the purpose of conducting Flight Technology or other
Engineering or Technology related educational programs. CWU later assumed Midstate
Aviation's lease with the County for the county -owned Main Hangar Building and ground lease
for training, maintenance, and vehicle parking on November 8, 2016. Finally, CWU and the
County amended the November 8, 2016 lease to include Fixed -Base Operator Services provided
by CWU on December 19, 2017. CWU continues to utilize Bowers Field as its primary facility
for the Flight Technology program and its operations there represent the majority of aviation -
related activity at the airport.
Recently, the County and CWU have been actively engaged in discussions regarding long-term
operations considerations of Bowers Field and CWU's planning for expansion of the Flight
Technology program. CWU has expressed concerns regarding the County's decision to close
runway 7-25 and its ability to be more involved in the overall long-range planning decisions
regarding improvements and operations at the airport. The County has expressed concerns about
level of service demands, inadequate financial resources to sustain and improve facilities and
safety considerations of current infrastructure. In addition, CWU has identified and expressed a
desire to keep their Flight Technology program at Bowers Field. Likewise, the County has
expressed that it is also in the County's interest that CWU's Flight Technology program remain
at the Airport.
In recognition of the mutual interests of both Parties, the County and CWU have decided to
consider a co-sponsorship or joint operating agreement for Bowers Field Airport.
Kittitas County and Central Washington University agree, as follows:
Il. PROVISIONS
A. Joint Operating Agreement Advisory Committee — The Parties agree to establish and
implement a Joint Operating Agreement Advisory Committee (JOAAC). The County
and CWU will each appoint three representatives to the JOAAC by sending notification
in writing to the other Party no later than thirty (30) days after the effective date of this
MOA. In the written notification of appointment, the County and CWU shall each
designate one member to serve as Co -Chairman of the JOAAC. The appointed members
will serve for the term of this MOA, during which time the JOAAC will collaborate to
develop a recommendation for a Joint Operating Agreement between the County and
CWU for operations at Bowers Field Airport. The JOAAC will operate as follows:
1. Open public meetings — The JOAAC will follow the requirements of the
Washington Open Public Meetings Act, codified in chapter 42.30 RCW. The
meeting and notice requirements will be managed by County staff. All committee
members must attend training to assure compliance with the OPMA. The County
will provide the appropriate training as part of the first meeting of the JOAAC.
2. Advisory —The JOAAC is established as an advisory body only and is authorized
to provide draft recommendations for consideration by each entity. Final
decision-making authority is reserved by the Kittitas County Board of
Commissioners and by Central Washington University. All draft
recommendations will be provided in writing.
3. Consensus recommendations — The JOAAC will make every effort to provide
draft recommendations that are supported by consensus of the committee.
Consensus shall be achieved through good -faith negotiation and collaboration.
Any recommendations which do not achieve consensus shall be noted accurately
and the minority opinion shall be provided. If a recommendation cannot be
reached by consensus or majority vote, a report shall be drafted describing the
issues and the reason for the impasse. The report shall he supported by consensus
of the committee prior to being forwarded to final decision makers for further
consideration. For any recommendation to be valid, all six members of the
JOACC must be in attendance at the meeting at which a decision is reached.
4. Best available information — The JOAAC will strive to seek out and utilize the
best information available at all times as it conducts its work. In doing so, it may
utilize County and CWU staff and outside experts and consultants as necessary
and as funding allows. The JOAAC is provided full authority and discretion to
determine who will participate in various meetings of the committee. However,
final decisions regarding recommendations of the JOAAC shall only by made by
the appointed members.
5. Co -Chairmanship — One designated representative from the County and one
designated representative from CWU shall act as Co -Chairmen of the JOACC.
The Co -Chairmen shall alternate presiding over meetings of the JOACC and shall
share the responsibility for determining agendas, setting meetings dates, directing
staff work product, and all other duties normally vested with the committee
Chairmanship, In the instance where one Co -Chairman is not available for a
JOACC meeting, the other Co -Chairman shall preside regardless of the rotation.
No meeting of the JOACC shall take place without at least one Co -Chairman
present.
B. Development of Governing Structure, Bylaws and Other Rules of Operation — The
JOAAC will meet as necessary to develop recommendations for creating the following:
1. Governing structure— The JOAAC shall develop a recommended governing
structure for a potential Joint Operating Agreement between the County and
CWU for operations of Bowers Field Airport. The JOACC shall consider the
current and long-term operations strategies and needs for each entity, those of the
general aviation public, other Bowers Field leaseholders and County citizens.
2. Bylaws and other rules of operation— Based on the recommended governing
structure, the JOACC shall draft recommended Bylaws and other appropriate
Rules of Operation defining how the new entity will conduct business.
C. Designate Areas of Responsibility — The JOAAC shall meet as necessary to develop
recommendations for designating areas of responsibility between the County and CWU at
the Bowers Field Airport. This includes determining how to define the responsibility for
aviation operations sections and industrial park sections of the facility. The final
recommendation will include a map of the facility with the areas of responsibility clearly
defined. The County will be responsible for producing the map,
D. Develop Operations Responsibilities Matrix — The JOACC shall meet as necessary to
assess and assign airport operational requirements. The JOACC will consider aviation
operations and industrial park operations as well as general facility requirements which
may not be clearly defined by aviation or industrial park agreed boundaries. The
operational responsibilities matrix shall include annual, short and long term maintenance
considerations as well as day-to-day requirements. Operational responsibilities shall also
include consideration of finance and record keeping requirements as well as other
administrative functions and any other functions determined necessary to operate the
airport.
E. Develop Communications Strategy — The JOACC shall meet as necessary to
recommend a communications strategy for managing and operating Bowers Field Airport
jointly. The communications strategy shall include, at a minimum, the following
elements:
1. Top-down — Develop how the newly -formed management structure will
communicate with the rest of the organization and with the public.
2. Bottom-up — Develop strategies for how elements within the organization will be
able to effectively communicate with the management structure.
3. Management -level - Define rules for how the members of the management
element of the organization will communicate with each other,. both formally and
informally.
4. Executive -authority — Outline strategies for the organization to communicate
with the decision-making departments within the County and CW.
5. Public and stakeholders — Discuss and agree on appropriate strategies that the
organization will commit to for providing accurate and up-to-date information to
the public, stakeholders, and the press. In addition, create rules for how the
general public, stakeholders, and the press can directly communicate with
management.
F. Develop Capital Projects Strategy — The JOACC will meet as needed to develop a
recommendation for managing the Airport Capital Improvement Program and other
capital projects as needed, including:
1. Planning
2. Implementation
3. Financial planning — May include strategy development for joint capital budget
funding requests to the Washington State Legislature.
4. Project financing
5. Project management
6. FAA compliance
7. Compliance with other regulations and grant obligations.
G. Develop Staffing Plan — The JOACC will develop a recommended staffing plan based
on the goveming structure, designated areas of responsibility, operational responsibilities
matrix, communications strategy and capital projects strategy. The staffing plan will
include only positions required to implement and manage joint responsibilities of the
recommended governing structure and operations. It will not include individual staffing
requirements of the County or CWU necessary to meet each entity's respective individual
obligations agreed to with the designated areas of responsibility and operational
responsibilities matrix. The staffing plan recommendation shall include an organizational
chart, job descriptions, and compensation requirements. The plan will also include a
human resources management strategy.
H. Assets Distribution —The JOACC shall meet as necessary to consider a recommended
distribution of assets agreement. The JOACC recommendation shall include, at a
minimum, the following:
1. Inventory analysis — The JOACC shall inventory all assets which are considered
to be necessary to include in ajoint operating agreement. The inventory shall
include a full description of the asset including its type, size (if necessary),
location(s). current owner, age, expected life/replacement, annual maintenance
costs, replacement cost and current appraised value.
2. Asset assignment —Develop a matrix to make recommendations for what assets
will be owned/controlled by which entity. Include a narrative as to how any asset
transfer (if any) will take place and how compensation will be provided if
necessary.
3. Future asset acquisition — Draft a policy for how future asset acquisition
decisions will be made.
4. Dissolution distribution — Draft a policy for asset distribution upon dissolution
of the joint operating agreement.
Financial Strategy Recommendation — The JOACC shall meet as necessary to develop
a comprehensive financial strategy for operating Bowers Field Airport under a joint
operating agreement. The recommendation shall include policies and procedures for
budget development, approval, and amendment. It shall also include policies and
procedures for approving and implementing fee schedules, lease rates, and other revenue
strategies. The financial strategy development shall be based on the following principles:
1. Enterprise fund — The Bowers Field Airport facility will operate as an enterprise
fund. All revenue generated by the lands and operations of the facility will
remain with the facility.
2. Industrial park generated revenue — All revenue generated by the industrial
park lands of the airport in excess of the costs of maintenance and operations of
those lands and associated marketing costs, will be utilized in maintaining and
enhancing aviation operations at Bowers Field Airport.
3. Sustainability —The agreed-upon financial plan will include strategies that
generate revenue from the airport and industrial park operations. when combined
with existing grants and any other revenue -generating opportunities not related to
the general fund of Kittitas County, sufficient to maintain the day-to-day
operations and maintenance requirements and to fund necessary capital
improvement needs of the facility. This may include reconsideration of existing
and/or creation of new fees, lease rates, and any and/or new airport use payments.
This may also include renegotiation of existing contracts.
J. Review Airport Layout Plan/Airport Master Plan Compatibility — The JOACC will
meet as needed to review the current Airport Layout Plan and Airport Master Plan to
determine if the recommendations made regarding a joint operating agreement are
compatible with the currently adopted planning documents. If the JOACC determines
that any of the recommendations are incompatible with the most current version of the
Airport Layout Plan and Airport Master Plan, the JOACC shall recommend modifications
to either the planning documents or one or more elements of the joint operating
agreement as necessary to achieve compatibility.
K. Review Title 19 Airports K.C.C. Amendments — The JOACC shall meet as needed to
review Title 19 Airports K.C.C. to determine compatibility of a joint operating agreement
proposal as developed through this MOA with current code requirements. The JOACC
will develop recommended code amendments (if needed).
III. APPROVAL PROCESS
After completion of each individual element in Section 11 Provisions, the recommendation will
be submitted to the respective decision-making authority of the Parties. Each Party shall utilize
whatever process is required for consideration of the element, which may include meeting with
the JOACC in public, to determine if it approves the recommendation. The County and CWU
may approve each element by sending written notification of such to the other Party. Upon
approval by both parties on an individual element, final work will commence on the subsequent
element.
Upon approval of all elements of Section 11 Provisions, the decision-making authorities of both
Parties will meet and conduct a joint Public Hearing to consider the Joint Operating Agreement.
Upon conclusion of the public hearing, each entity will enter a final decision.
IV. TERM OF MOA AND RIGHT TO WITHDRAW
This MOA will take effect upon the first date that both the County and CWU have signed the
agreement. The MOA will expire December 31, 2018 or upon completion of Section ]LA
through K. whichever is sooner, unless extended in writing by the Parties. A party may
withdraw from the agreement by providing advance written notice; however, such termination
shall not be effective until the completion of the dispute resolution process on the issues that
form the basis for the termination, unless the parties agree in writing to waive the dispute
resolution process.
V. MODIFICATION OF AGREEMENT
This agreement may be modified by written consent of both parties at any time during the term
ol'the agreement as may be necessary to amend, change, or modify the agreement.
VI. MUTUAL DEFENSE OF THIS MOA OR IMPLEMENTING ACTIONS
In the event that this MOA or the County implementing actions are legally challenged on issues
relating to this MOA, upon request of the County, CWU will seek to intervene in support of the
MOA or other actions to the extent such actions are consistent with this agreement. In the event
that this MOA or CWU actions implementing this MOA are legally challenged on issues relating
to this MOA, upon request of CWU, the County will seek to intervene in support of the MOA or
actions to the extent such actions are consistent with this agreement.
VII. DISPUTE RESOLUTION
A. Good Faith Commitment to Resolving Disputes — The Parties agree to devote such
time, resources, and attention as needed to attempt to resolve disagreements concerning
this MOA at the earliest time possible. In the event that any disagreement arises among
the Parties concerning this Agreement, including disagreements regarding the meaning
of, or any Party's compliance with, this MOA, the Parties shall first attempt to resolve
such disagreements on an informal basis.
B. Formal Dispute Resolution Process — In the case of any disagreement arising from the
implementation of the MOA, the County or CWU may initiate the formal dispute
resolution process after the Parties have attempted in good faith to resolve the
disagreement informally. To initiate the formal dispute resolution process, a requesting
Party shall provide written notice to the other Party that describes the issues in dispute.
Upon receiving a notice of formal dispute, the Parties signatories or their designated
representatives shall convene a meeting within 30 days to consider the dispute and may
resolve any or all issues or refer any or all issues in dispute back to the originating
individuals with specific instructions and a deadline for reporting back to the designated
executives. or institute or any other alternative dispute resolution procedures it deems
useful under the circumstances. If the Parties' signatories or designated representatives
fail to resolve the dispute within the 30 days upon meeting convened to resolve the
dispute, or a dispute is not resolved within the timeframe established by the designated
executives, the dispute resolution process shall then be deemed completed and any Party
may withdraw from this MOA. Unless a Party seeks to withdraw, upon completing the
dispute resolution process, the designated executives shall prepare a joint statement of the
remaining issues in dispute, which may also include a discussion of how to resolve such
issues consistent with the MOA.
VIII. RESERVATION OF AUTHORITY
Nothing in this MOA affects any authority the County may have to continue to operate Bowers
Field Airport according to current policy, practice and Kittitas County Code, or to enforce any
contracts related to the same, or to enforce other appropriate requirements of state law and FAA
regulations. Both Parties reserve all authority to themselves and grant none to the other by virtue
of entering into this agreement.
IX. INVALIDITY
If any provision of this MOA or any regulation or ordinance adopted pursuant to this MOA is
found by a court or administrative body of competent jurisdiction to be invalid, void, or illegal,
neither Party will be obligated to enforce such provisions pursuant to this MOA, which shall
otherwise continue to be in effect.
X. THIRD PARTY BENEFICIARIES
This MOA does not create any third party beneficiaries.
XI. SIGNATURES:
CENTRAL WASHINGTON
UNIVERSITY
James Gaudino, President
Date:
ATTEST:
Julie A. Kjorsvik
Clerk of the Board
Approved as to form for Kittitas County:
Gregory L. Zempel
Prosecuting Attorney
WSBA 419125
KITTITAS COUNTY
BOARD OF COMMISSIONERS
Laura Osiadacz, Chairman
Date:
Obie O'Brien, Vice -Chairman
Date:
Paul Jewell, Commissioner
Date:
Approved as to form for Central Washington University: