HomeMy WebLinkAbout2018-07-23-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday July 23, 2018 - 1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Request to Approve a Resolution Authorizing Chair Signature on a Memorandum of
Agreement with the Yakima Basin Fish and Wildlife Recovery Board for Revegetation Efforts
at Ringer Loop
3. Bowers Field Land Lease(s) Discussion
4. Memorandum of Agreement between Kittitas County and Central Washington University
Update
5. Public Facilities Grant Funding for 2019 Discussion
6. Wiehl Road RID Formulation Update
7. Other business
8. Adjourn
Created on 7/20/2018 8:26:13 AM
KITTITAS COUNTY
PUBLIC WORKS STUDY SESSION MINUTES
COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG
Regular Meeting
MONDAY 1:30 PM July 23, 2018
Board members present: Chairman Laura Osiadacz; Vice -Chairman
Obie O'Brien; Commissioner Cory Wright
Others: Mark Cook, Sara Folk, Candie Leader, Public Works; Dan
Carlson, Steph Mifflin, Lindsey Ozbolt, Community Development
Services; Seven(7) members of the public
REQUEST TO APPROVE A RESOLUTION AUTHORIZING CHAIR SIGNATURE ON A
MEMORANDUM OF AGREEMENT WITH THE YAKIMA BASIN FISH AND WILDLIFE
RECOVERY BOARD FOR REVEGETATION EFFORTS AT RINGER LOOP
At 1:30 pm Chairman Laura Osiadacz opened the Public Works Study
Session. Mark Cook presented a Resolution Authorizing Chair
Signature on a Memorandum of Agreement (MOA) with the Yakima
River Basin Fish and Wildlife Recovery Board for Revegetation
Efforts at Ringer Loop. Mark Cook stated that Kittitas County
acquired 40 acres at Ringer Loop in 2017 and as a condition of
the Recreation Conservation Office grant that was received for
acquiring the property a restoration plan was to be done. Mark
Cook continued that entering into this MOA will allow the work
to be completed by the Bureau of Land Management's contractor
that is performing work across the street of the property owned
by Kittitas County. Discussion was held. Chairman Osiadacz
called for a motion. Commissioner O'Brien made a motion to
approve Resolution 2018-116 Authorizing Chair Signature on a
Memorandum of Agreement with the Yakima Basin Fish and Wildlife
Recovery Board for Revegetation Efforts at Ringer Loop.
Commissioner Wright seconded the motion. Chairman Osiadacz
appreciated staffs efforts in securing this agreement and the
cost savings associated with it. Motion passed.
BOWERS FIELD LAND LEASE(S) DISCUSSION
Mark Cook stated that at the last agenda session with the Board
of County Commissioners (BOCC) staff presented a lease addendum
for consideration. Mark Cook continued that at the BOCC's
request the lease addendum was pulled to obtain legal
consideration on the renegotiation terms. Mark Cook added that
after discussion with staff the renegotiation clause can be
2018-07-23 MINUTES
added to the lease as a part of the addendum along with the new
rate and as the old leases come up for the five (5) year rate
increase the renegotiation clause can be added to make the old
leases consistent with the new ones. Discussion was held.
Chairman Osiadacz called for a motion. Commissioner O'Brien
made a motion to direct staff to add the renegotiation clause to
the lease addendum(s) for BOCC consideration. Commissioner
Wright seconded the motion. Motion passed.
MEMORANDUM OF AGREEMENT BETWEEN KITTITAS COUNTY AND CENTRAL
WASHINGTON UNIVERSITY UPDATE
Mark Cook reported that the executed Memorandum of Agreement was
received back from Central Washington University (CWU) and he
would like to discuss how to formulate the Joint Operating
Agreement Advisory Committee. Mark Cook stated that the county
needs to decide what representation they want to begin
discussions with CWU about the issues stated in the MOA. Mark
Cook continued that the BOCC could solicit for a general
aviation member, business aviation and possibly fire, life,
safety member with staff supporting the committee. Discussion
was held. Chairman Osiadacz asked if members of the public
wanted to comment on the issue. A member of the public stated
that the public and aviation community has objected to the MOA
from the beginning and as written has conflicts. Members of the
Airport Advisory Committee work for CWU and it would be in the
best interest of the county to see if others express interest.
Another member of the public commented that many people have
shared their dismay with this agreement especially since
conversations have been ongoing since last October. He added
that he feels this MOA is a mistake and moving forward too fast.
Commissioner O'Brien acknowledged the comments made and stated
that staff needs direction in moving forward. Further
discussion was held. Direction was given to do a press release
for applications for anyone to apply after discussion with the
Airport Advisory Committee.
PUBLIC FACILITIES GRANT FUNDING FOR 2019 DISCUSSION
Mark Cook gave background on how the process works for the
Public Facilities grant funding and that staff is requesting to
notice the Conference of Governments (COG) of the grant amount
available for award once applications are scored and ranked.
Mark Cook added that currently there is 1.1 million available
leaving a reserve amount in the account as well. Chairman
Osiadacz called for a motion. Commissioner O'Brien made a
motion to approve noticing COG of 1.1 million in funds to be
2018-07-23 MINUTES
awarded for the 2019 Public Facilities Grant Funding process.
Commissioner Wright seconded the motion. Motion passed.
WIEHL ROAD RID FORMULATION UPDATE
Mark Cook gave background on the RID including the costs, County
contribution and the process of formulation. Mark Cook stated
that staff would like to send out an updated letter to the
residents of Wiehl Road to reopen the dialogue on the project.
Discussion was held. Chairman Osiadacz asked members of the
public if they would like to comment on the topic. A member of
the public stated that they have been working with Mark Cook for
some time on this issue and the only negative comment he has is
the new tax assessment statements that went out show a forty
percent (4000) increase from the last one he received.
A member of the public commented that he heard there is going to
be another levy brought forward for Fire District No. 7 and this
is another expense to be considered by residents.
Staff was directed to send out an updated letter to the
residents of the area and then move forward with the formulation
process.
Meeting adjourned at 2:35 pm.
2018-07-23 MINUTES
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018 - I tb
AUTHORIZING THE CHAIRMAN'S SIGNATURE ON A MEMORANDUM OF
AGREEMENT BETWEEN YAKIMA BASIN FISH AND WILDLIFE RECOVERY
BOARD AND KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS FOR
REVEGETATION OF COUNTY OWNED LAND AT RINGER LOOP
WHEREAS: Kittitas County has an interlocal cooperative agreement with Yakima Basin Fish
and Wildlife Recovery Board (YBFWRB) for mutual assistance consistent with
RCW 39.34; and
WHEREAS: YBFWRB is offering to coordinate revegetation efforts with Bureau of Land
Management restoration efforts in the vicinity of Ringer Loop; and
WHEREAS: Kittitas County Department of Public Works is required to revegetate Ringer
Loop as a condition of Ringer Loop land acquisition with Recreation
Conservation Office; and
WHEREAS: The coordinated revegetation effort is estimated to save Public Works
approximately $36,000;
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the
best interest of the public, does hereby authorize the Chair's signature on the Memorandum of
Agreement with Yakima Basin Fish and Wildlife Recovery Board for revegetation work at
Ringer Loop.
DATED this 23rd day of July, 2018 at Ellensburg, Washington.
Attest:
'Clerk of the Board- Julie Kjorsvik
Clerk of the Board- Mandy Buchholz
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BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
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Obie O'Brien, Vice -Chairman
Cory Wright, Commissioner
MEMORANDUM OF AGREEMENT
BETWEEN
YAKIMA BASIN FISH AND WILDLIFE RECOVERY BOARD
AND
KITTITAS COUNTY PUBLIC WORKS DEPARTMENT
Relating to completion of Revegetation of BLM and adjacent county owned lands in Ringer Loop area
I. PURPOSE
This Memorandum of Agreement is entered into by the Yakima Basin Fish and Wildlife Recovery Board
(YBFWRB) and Kittitas County Public Works (the county) in order to complete revegetation on Bureau of
Land Management (BLM) managed lands and adjacent county owned lands in the Ringer Loop area.
These lands are identified in a map included in Appendix A.
II. GOALS
The YBFWRB and the county will work together in a cooperative fashion to perform the tasks identified
in Appendix A.
Ill. SCOPE
The scope of the Agreement will be restricted to completion of the work identified in Appendix A.
IV. PERIOD OF PERFORMANCE
This Agreement will go into effect on July 23, 2018, and shall be in place until December 31, 2019, unless
terminated sooner as provided herein.
V. ROLES AND RESPONSIBILITIES
A. YBFWRB will oversee completion of the work identified in Appendix A
B. The county will provide financial compensation of up to $20,000 to the YBFWRB reimbursement
of expenses incurred pursuant to this agreement, as described in Appendix A. Requests for
payment will be submitted to the county's Public Works Department upon completion of work;
requests shall not be made more frequently than once a month. The YBFWRB may also request
up to 10% overhead to cover the costs of managing this agreement. The county will provide
payment for approved expenses within 30 days of receipt of the payment request.
YBFWRB will provide the county with a summary report detailing progress and completion of
assigned tasks on completion of the work.
VI. PROVISONS
A. Nothing in this MOA is intended to create any rights in any party not a party to this MOA nor
third party beneficiaries.
B. Nothing in this MOA creates a resource obligation outside that stated within the agreement.
C. This is not an exclusive agreement, and both parties reserve the right to compensate additional
professional service providers.
D. Indemnification/Hold Harmless. Kittitas County and the Recovery Board agree to hold each
other and theirs officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts,
errors or omissions of the parties in the reasonable performance of their duties under this
Agreement, except for those injuries and damages that are caused or are attributable to the
negligence of the agency. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of Kittitas County and the Recovery Board and their officers, officials, employees and
volunteers, the parties liability, including the duty and cost to defend shall be only to the extent
of the responsible parties negligence. The provisions of this section shall survive the expiration
or termination of this Agreement.
Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement, the
prevailing party is entitled to recover its reasonable attorneys' fees and costs.
VII. RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance
of the services described herein. These records shall be subject to inspection, review or audit by
personnel of both parties, other personnel duly authorized by either party, the Office of the State
Auditor, and federal officials so authorized by law. All books, records, documents, and other material
relevant to this Agreement will be retained for six years after expiration and the Office of the State
Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the
right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will
not disclose or make available this material to any third parties without first giving notice to the
furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the other party
are not erroneously disclosed to third parties.
VIII: INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
IX: AGREEMENT ALTERATIONS AND AMENDMENTS
This agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
X: TERMINATION
Either party may terminate this Agreement upon 30 days prior written notification to the other party. If
this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
XI: GOVERNANCE
This contract is entered into pursuant to and under the authority granted by the laws of the State of
Washington and any applicable federal laws. The provisions of this agreement shall be construed to
conform to those laws.
In the event of any inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
a.) Applicable state and federal statutes and rules;
b.) Scope of work (Attachment A); and
c.) Any other provisions of the agreement, including materials incorporated by reference.
XII: WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the party and
attached to the original Agreement.
XIII: SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
XIV: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
XV: CONTRACT MANAGEMENT
The contract manager for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Agreement.
The Contract Manager for YBFWRB is: Tricia Snyder, Lead Entity Coordinator
The Contract Manager for the county is: Karen Hodges, Kittitas County Planner.
IN WITNESS WHEREOF, the parties have executed this Agreement.
By:
Title:
Date:
1
By:
L
Title:
Date: :01 ��1�
APPENDIX A
Scope of Work and Budget
For
Revegetation of BLM Managed Lands and Adjacent County Owned Lands in Ringer
Loop Area
A. SCOPE
Under the terms of this agreement:
1. YBFWRB will enter into a Memorandum of Agreement with the Mid -Columbia Fisheries
Enhancement Group and its subcontracts to complete seedbed preparation and native grass
seeding for a total of up to 35 acres as indicated on map A, for a cost not to exceed $20,000;
work shall be completed prior to December 31, 2019,
2. All native grass seed required shall be provided by the BLM as an in-kind contribution to the
project (estimated value of $9,200);
3. Associated weed control work shall be completed by Kittitas County Noxious Weed Control
Board in coordination with MCFEG and paid for via their existing contract with BLM (estimated
value of $ 25,110);
4. Kittitas County will reimburse YBFWRB for the cost of item land up to 10% overhead;
Estimated Budget
Item
Amount
Cost
Contracted seedbed preparation and
seeding costs
^32 acres
$17,835
MCFEG Contract Management &
Bookkeeping
24 hrs
$798
Overhead
6.8%
$1,367
TOTAL
$20,000
Ringer Loop Rd Floodplain Revegetation
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: July 23, 2018
ACTION REQUESTED: Authorize the Chair's Signature on the
Memorandum of Agreement with YBFWRB for
Revegetation Efforts at Ringer Loop
BACKGROUND: For the past several months, staff has been working to
secure YBFWRB funding support for revegetating Flood
Control Zone District property at Ringer Loop. The
YBFWRB has successfully secured funding support from
the Bureau of Land Management's revegetation contractor
working across the street at Ringer Loop. The coordinated
work program saves the Flood Control Zone District
approximately $36,000 while costing $20,000.
We are required to restore Ringer Loop as a condition of
our RCO grant in 2017. Working with YBFWRB and Mid -
Columbia Fisheries Enhancement Group also improves a
small portion of Papineau's land against future weed
production.
Legal has reviewed and approved the MOA.
INTERACTION: Public Works; Prosecuting Attorney's Office
RECOMMENDATION: Authorize the Chairs signature on the MOA with
YBFWRB.
HANDLING: Return one original to Public Works
ATTACHMENTS: Resolution; Memorandum of Agreement
LEAD STAFF: Mark R. Cook, Director
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018 -
AUTHORIZING THE CHAIRMAN'S SIGNATURE ON A MEMORANDUM OF
AGREEMENT BETWEEN YAKIMA BASIN FISH AND WILDLIFE RECOVERY
BOARD AND KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS FOR
REVEGETATION OF COUNTY OWNED LAND AT RINGER LOOP
WHEREAS: Kittitas County has an interlocal cooperative agreement with Yakima Basin Fish
and Wildlife Recovery Board (YBFWRB) for mutual assistance consistent with
RCW 39.34; and
WHEREAS: YBFWRB is offering to coordinate revegetation efforts with Bureau of Land
Management restoration efforts in the vicinity of Ringer Loop; and
WHEREAS: Kittitas County Department of Public Works is required to revegetate Ringer
Loop as a condition of Ringer Loop land acquisition with Recreation
Conservation Office; and
WHEREAS: The coordinated revegetation effort is estimated to save Public Works
approximately $36,000;
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the
best interest of the public, does hereby authorize the Chair's signature on the Memorandum of
Agreement with Yakima Basin Fish and Wildlife Recovery Board for revegetation work at
Ringer Loop.
DATED this 23rd day of July, 2018 at Ellensburg, Washington.
Attest:
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
Obie O'Brien, Vice -Chairman
Cory Wright, Commissioner
MEMORANDUM OF AGREEMENT
BETWEEN
YAKIMA BASIN FISH AND WILDLIFE RECOVERY BOARD
AND
KITTITAS COUNTY PUBLIC WORKS DEPARTMENT
Relating to completion of Revegetation of BLM and adjacent county owned lands in Ringer Loop area
I. PURPOSE
This Memorandum of Agreement is entered into by the Yakima Basin Fish and Wildlife Recovery Board
(YBFWRB) and Kittitas County Public Works (the county) in order to complete revegetation on Bureau of
Land Management (BLM) managed lands and adjacent county owned lands in the Ringer Loop area.
These lands are identified in a map included in Appendix A.
II. GOALS
The YBFWRB and the county will work together in a cooperative fashion to perform the tasks identified
in Appendix A.
Ill. SCOPE
The scope of the Agreement will be restricted to completion of the work identified in Appendix A
IV. PERIOD OF PERFORMANCE
This Agreement will go into effect on July 23, 2018, and shall be in place until December 31, 2019, unless
terminated sooner as provided herein.
V. ROLES AND RESPONSIBILITIES
A. YBFWRB will oversee completion of the work identified in Appendix A.
B. The county will provide financial compensation of up to $20,000 to the YBFWRB reimbursement
of expenses incurred pursuant to this agreement, as described in Appendix A. Requests for
payment will be submitted to the county's Public Works Department upon completion of work;
requests shall not be made more frequently than once a month. The YBFWRB may also request
up to 10% overhead to cover the costs of managing this agreement. The county will provide
payment for approved expenses within 30 days of receipt of the payment request.
YBFWRB will provide the county with a summary report detailing progress and completion of
assigned tasks on completion of the work.
VI. PROVISONS
A. Nothing in this MOA is intended to create any rights in any party not a party to this MOA nor
third party beneficiaries.
B. Nothing in this MOA creates a resource obligation outside that stated within the agreement.
C. This is not an exclusive agreement, and both parties reserve the right to compensate additional
professional service providers.
D. Indemnification/Hold Harmless. Kittitas County and the Recovery Board agree to hold each
other and theirs officers, officials, employees and volunteers harmless from anyand all claims,
injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts,
errors or omissions of the parties in the reasonable performance of their duties under this
Agreement, except for those injuries and damages that are caused or are attributable to the
negligence of the agency. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of Kittitas County and the Recovery Board and their officers, officials, employees and
volunteers, the parties liability, including the duty and cost to defend shall be only to the extent
of the responsible parties negligence. The provisions of this section shall survive the expiration
or termination of this Agreement.
E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement, the
prevailing party is entitled to recover its reasonable attorneys' fees and costs.
VII. RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance
of the services described herein. These records shall be subject to inspection, review or audit by
personnel of both parties, other personnel duly authorized by either party, the Office of the State
Auditor, and federal officials so authorized by law. All books, records, documents, and other material
relevant to this Agreement will be retained for six years after expiration and the Office of the State
Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the
right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will
not disclose or make available this material to any third parties without first giving notice to the
furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the other party
are not erroneously disclosed to third parties.
VIII: INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
IX: AGREEMENT ALTERATIONS AND AMENDMENTS
This agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
X: TERMINATION
Either party may terminate this Agreement upon 30 days prior written notification to the other party. If
this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
XI: GOVERNANCE
This contract is entered into pursuant to and under the authority granted by the laws of the State of
Washington and any applicable federal laws. The provisions of this agreement shall be construed to
conform to those laws.
In the event of any inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
a.) Applicable state and federal statutes and rules;
b.) Scope of work (Attachment A); and
c.) Any other provisions of the agreement, including materials incorporated by reference.
XII: WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the party and
attached to the original Agreement.
XIII: SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
XIV: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
XV: CONTRACT MANAGEMENT
The contract manager for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Agreement.
The Contract Manager for YBFW RB is: Tricia Snyder, Lead Entity Coordinator
The Contract Manager for the county is: Karen Hodges, Kittitas County Planner.
IN WITNESS WHEREOF, the parties have executed this Agreement.
By:
Title:
Date:
By:
Title:
Date:
APPENDIX A
Scope of Work and Budget
For
Revegetation ofBLM Managed Lands and Adjacent County Owned Lands in Ringer
Loop Area
A. SCOPE
Under the terms of this agreement:
1. YBFWRB will enter into a Memorandum of Agreement with the Mid -Columbia Fisheries
Enhancement Group and its subcontracts to complete seedbed preparation and native grass
seeding for a total of up to 35 acres as indicated on map A, for a cost not to exceed $20,000;
work shall be completed prior to December 31, 2019.
2. All native grass seed required shall be provided by the BLM as an in-kind contribution to the
project (estimated value of $9,200);
3. Associated weed control work shall be completed by Kittitas County Noxious Weed Control
Board in coordination with MCFEG and paid for via their existing contract with BLM (estimated
value of $25,110);
4. Kittitas County will reimburse YBFWRB for the cost of item 1 and up to 10% overhead;
Estimated Budget
Item
Amount
Cost
Contracted seedbed preparation and
seeding costs
^'32 acres
$17,835
MCFEG Contract Management &
Bookkeeping
24 hrs
$798
Overhead
6.8%
$1,367
TOTAL
$20,000
Ringer Loop Rd Floodpiain RevagetoaVon
Proposed floodplain rehabilitation
/ ,,., I BLM boundary
t 'tom r
Site 2: 4 acres
Landowner: Papineau
Chem -fallow 2098 and 2019;
' A
seed in 2099; past -seeding
+
+� maintenance.
V
Site 1: Approximately 26 acres
Landowner: Kittitas Co
Chem -fallow 2018; seed
in 2018; post -seeding
maintenance.
It
Site 3: Approximately 17
acres (lower elevation)
Landowner: Kittitas Co
Work not currently included
in MOA.
Miles
0.025 0.05 0.1 0.15 0.2
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: July 23, 2018
TOPIC: Bower's Field Land Lease Agreements
ACTION REQUESTED: Direct Staff Replace Lease Agreements as Appropriate
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct staff replace land lease agreements at Bowers Field as appropriate.
BRIEFING SUMMARY:
• Recent lease addendum was pulled from the Board's action calendar
• Legal review identifies that certain old leases cannot be unilaterally changed by
the Board
• Current land lease agreement allows lease conditions changes with 120 days'
notice to the lessee
• Staff suggests negotiating the addition of the 120 day clause into all pending lease
addendums
BACKGROUND:
Older Bowers Field land lease agreements do not contain any provision for the Board of
County Commissioners to alter lease terms prior to lease expiration. The current lease
addendums span a period of five years. A recent opinion from the Board's legal counsel
notices that the Board cannot change lease terms prior to lease expiration. A recent lease
came up for renewal and the terms do not contain existing conditions allowing lease
changes prior to expiration. Current leases provide the following condition:
22. MODIFICATION OR TERMINATION: Lessee and Lessor agree that Lessor
may, at Lessor's sole discretion, modify the terms of this lease in whole or in
part, including but not limited to any term or condition of this lease, including
cancelling the unexpired portion of this lease and re -letting the property to
another tenant, in the event that any regulation governing airports or county
property is amended in a way that impacts the Lessor's ability to lease, use,
control, protect, or maintain the Property. For the purposes of this section,
"regulation" is defined to include, but is not limited to: case law interpreting
any rule or regulation; any federal rules and regulations, including Federal
Aviation Administration rules and regulations; state rules and regulations;
and local rules, regulations and ordinances.
Page 1 of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
In the event that Lessor shall elect to modify or terminate this lease, Lessor
shall do so only upon one hundred twenty (120) days written notice, notifying
Lessee, at Lessee's address of record, that the lease to which this applied is
being so modified or terminated.
Upon receipt of such notification, and in the event the notification specified
modification of the lease short of termination, Lessee shall have sixty (60)
days in which to notify Kittitas County of Lessee's intention to continue the
lease as modified or of Lessee's intention to treat the lease as terminated.
In the event that Lessee elects to treat the lease as terminated, all rents
shall be pro -rated to the date Lessee shall have restored the premises to the
Lessor in accordance with the terms of the lease agreement governing
Lessee's duties to restore the premises to Lessor upon expiration of the
lease term.
It is further agreed that neither such modification or termination of this lease
nor any subsequent re -letting of the premises, in whole or in part, shall give
rise to any cause of action for damages or any other form of relief by Lessee
against Lessor or any successor lessee.
In the event of such modification or termination, Lessee understands that
other than a refund of any unearned rent prorated to the date Lessee has
restored the premises to Lessor, Lessee shall have no claim for
compensation as occasioned by said modification or termination.
DISCUSSION:
Public Works has amended existing leases in the past incorporating current language such
as adding "fire inspection" requirements to existing leases. Staff suggests adding the
language of our existing land leases (Condition 22 — listed above) to all old leases as they
come up for renewal. This will allow continued use of the CPI escalation provision until
such time that the Board understands implications from rate studies anticipated in the
next several months.
FISCAL IMPACTS:
Addition of the notice condition to existing leases is not expected to have any immediate
fiscal impact on lessees.
ATTACHMENTS:
None
Page 2 of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: July 23, 2018
TOPIC: Central Washington University MOA Update
ACTION REQUESTED: Provide Direction on Formulating the County's Four
Member MOA Team
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Provide direction to staff formulating the County's four member MOA team.
BRIEFING SUMMARY:
• The recently approved MOA with Central Washington University (CWU)
requires each entity nominate four members to conduct the identified tasks in the
MOA
• Commissioner O'Brien suggests the following representation: County
Commissioner, General Aviation, Business/Aviation and Fire/Life/Safety
BACKGROUND:
The recently adopted MOA with CWU exploring co-sponsorship of Bowers Field
requires each side develop a four member team supporting the effort.
DISCUSSION:
The amount of work identified in the MOA is substantial and time is of the essence.
Once the teams are in place, the work contained in the MOA can begin. The proposed
four member team excludes current employees managing the airport. Staff envisions
providing technical support on an "as needed" basis throughout the effort.
FISCAL IMPACTS:
No fiscal impacts are identified at this time.
ATTACHMENTS
Exhibit 1: Approved MOA with CWU
Pagel of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1: APPROVED MOA WITH CWU
Page 2 of 2
PUBLIC WORKS BOARD OF COUN"IY COMMISSIONERS WORK SESSION STAFF REPORT
FI Ili, lul\11
June 28, 2018
Kittitas County, Washington
BOARD OFCOUNTY COMMISSIONERS
District One Distriet Two District Throe
Paul Jewell (aura Osiadacz Obie O'Brien
Katherine P. Frank, PhD
Provost/Vice President for Academic and Student Life
Central Washington University
400 E. University Way — Barge Hall Room 302
Ellensburg, WA 98926
Re: Memorandum of Agreement Co -Sponsorship Bowers Field Airport
Dear Dr. Frank,
I have enclosed two (2) original Memorandum of Agreement's between Kittitas County and
Central Washington University regarding Co -Sponsorship of Bowers Field Airport.
The Memorandum of Agreement was approved by the Kittitas County Board of Commissioners
on Wednesday June 27, 2018. 1 would appreciate it if you could have this document signed and
return 1 fully executed original to our office at your earliest convenience.
If you have any questions, please contact our office at your convenience. Thank you.
Sincerely.
nli�kr. )..
Clerk of the Board
Enclosure as noted
cc: file
Ki nw County- Courthouse 205 West 5°iAvenue, S'M 108 Hllensburg WA 98926
(509)962-7508 FAX(509)962-7679
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.
I. 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 Arational Plan oJIntegrated 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 C WU'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
II. 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 four 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:
I. Open public meetings —The JOAAC will follow the requirements of the
Washington Open Public Meetings Act, codified in chapter 4230 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 be supported by consensus
of the committee prior to being forwarded to final decision makers for further
consideration. For any recommendation to be valid, all members of the JOAAC
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 JOAAC.
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-Chaimian is not available for a
JOAAC meeting, the other Co -Chairman shall preside regardless of the rotation.
No meeting of the JOAAC shall take place without at least one Co -Chairman
present.
6. Airport Advisory Committee consultation required —The JOAAC shall
provide updates to the Airport Advisory Committee (Committee) at the
Committee's regular meetings. The JOAAC shall consult with the Committee on
each of the elements B through K of this Section prior to finalizing draft
recommendations.
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 JOAAC 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 JOAAC 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 JOAAC shall meet as necessary to
assess and assign airport operational requirements. The JOAAC 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 JOAAC 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:
I. 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 CWU.
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 JOAAC 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 forjoint 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 JOAAC will develop a recommended staffing plan based
on the governing 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 JOAAC shall meet as necessary to consider a recommended
distribution of assets agreement. The JOAAC recommendation shall include, at a
minimum, the following:
1. Inventory analysis —The JOAAC shall inventory all assets which are considered
to be necessary to include in a joint 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.
I. Financial Strategy Recommendation — The JOAAC 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 ofthe 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 JOAAC 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 JOAAC determines
that any of the recommendations are incompatible with the most current version of the
Airport Layout Plan and Airport Master Plan, the JOAAC 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 JOAAC 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 JOAAC
will develop recommended code amendments (if needed).
ill. APPROVAL PROCESS
After completion of each individual element in Section Il Provisions, the recommendation will
be submitted to the respective decision-making authority of the Panics. Each Party shall utilize
whatever process is required for consideration of the element, which may include meeting with
the JOAAC 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 ajoint 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 ILA
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
of 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.
1X. 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.
XL SIGNATURES:
CENTRAL WASHINGTON
UNIVERSITY
James Gaudino, President
Date:
Z.
a � � ,,{ rte Y i -K
vlie -1. K{i�isvik ll —
Clerk trl' the Board
Approved as to form for Kittitas County:
Gregory L. Zempel, Prosecuting Attorney
W SBA 419125
KITTITAS COUNTY
BOARD OF COMMISSIONERS
OPPOSED
Laura Osiadacz, Chairman
Date:l2 7 �)
i
O; )' t•icn.'t%i •-i'hainnan
Pahl e�+ell. Commissioner
Date: �2 ( 2.7118
Approved as to form for Central Washington University:
Alan Smith, Assistant Attorney General
WSBA 422188
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: July 23, 2018
TOPIC: Public Facilities Available Grant Funding for 2019
ACTION REQUESTED: Direct Staff Prepare Notice of Available Grant Funding
to Council of Governments
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct that staff prepares notice of 2019 Public Facilities Fund grant funding availability
to Council of Governments (COG).
BRIEFING SUMMARY:
• Public Works has forecast the likely available funding for the Public Facilities
Fund for 2019
• Estimated total available funding less obligations appears to be approximately
$1.1 million
BACKGROUND:
Annually, Public Works (PW) administers the Public Facilities Fund. As part of fund
administration, PW manages the annual Public Facilities Grant process. Prior to
finalizing a preferred grant project list for Board of County Commission (BOCC)
consideration, PW notices the COG of estimated annual funding supporting pubic facility
grant applications.
DISCUSSION:
The current fund balance is $2,634,473. The encumbered balance (prior project
committed funding) is $1,639,547. The fund has accumulated $994,926 through June
30`x', 2018. A forecast balance of $1,504,926 is forecast for December 31, 2018. The
COG has set a fund reserve of $250,000 annually. The BOCC is committed to paying
Shady Brook bond interest annually at $122,000.
FISCAL IMPACTS:
After all encumbered balance and funding obligations, PW estimates that $1,132,926 is
likely to be available for 2019 grant award. PW is recommending that the BOCC notice
COG of $1.1 million in grant award funding — allowing a small cushion for errors in
estimating fund accumulation.
ATTACHMENTS:
None.
Page i of 1
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: July 23, 2018
TOPIC: Wheil Road RID Formulation Update
ACTION REQUESTED: Direct Staff Prepare Enabling Documents
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct that staff prepare Wheil Road Road Improvement District Formulation Enabling
Documents.
BRIEFING SUMMARY:
• Road design supporting Wheil Road improvements are complete and final
estimated costs are defined
• Formulation of the Road Improvement District shall be pursuant to RCW
35.43.140
• Staff is now defining the process and timeline for Board of County Commission
(BOCC) consideration
BACKGROUND:
Over the past several years, staff has worked towards establishing a road improvement
district supporting Wheil Road improvements. Several months ago, the BOCC's legal
advisor affirmed use of RCW 35.43.140 as the valid formulation process in state law for
the Board's use.
In June, PW presented final estimated project costs to the BOCC and the BOCC's cost
share was finalized. The next step in the process is to formulate the RID.
DISCUSSION:
'rhe following process summary of the formulation process is ofTered for BOCC
consideration.
1. A resolution declaring the Board's intent to order an improvement is ratified by a
majority of the Board.
2. The resolution is published in at least two consecutive issues of the official
newspaper of the County, the first publication to be at least fifteen days before the
day fixed for the hearing.
Page 1 of 5
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
3. Notice of the hearing upon resolution declaring intent to order an improvement
shall be given by mail at least fifteen days before the day fixed for the hearing to
all owners benefited by the RID.
4. The public hearing is conducted.
PW suggests setting a hearing date one month in advance of the hearing. The additional
time provides adequate time for benefited owners to solicit PW with questions regarding
the hearing and/or formulation process.
Given the timeline gap from the last communication from the County, staff is curious to
hear the Board's thoughts on soliciting a final time updating owners on our progress and
affirming interest in proceeding.
FISCAL IMPACTS:
Currently, the Board's contribution of cost towards the RID is estimated at being
approximately $274,000. The benefited property owner share is estimated at being
$600,614 or approximately $740 per year per benefitted property (66 total lots).
ATTACHMENTS:
Exhibit 1: Revised Code of Washington 35.43.140 and 150
Exhibit 2: PW Letter to Benefitted Property Owners dated 10/27/2017
Exhibit 3: Project Timeline
Page 2 of 5
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1: REVISED CODE OF WASHINGTON 35.43.140 AND 150
Page 3 of 5
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF... Page 14 of 22
public corporation whose property is not assessed for general taxes shall be computed
according to the standards afforded by similarly situated property which is assessed for
general taxes.
[ 1983 c 303 § 1; 1967 c 52 § 6; 1965 c 7 § 35.43.130. Prior: 1957 c '144 § 7; prior: 1953 c 26
§ i. (i) 1911 c 98 § 9, part; RRS § 9360, part. (ii) 1929 c 97 § 1, part; 1911 c 98 § 10, part;
RRS § 9361, part. (iii) 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c
135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp.
1949 § 9363, part. (iv) 1927 c 209 § 4, part; 1923 c 141 § 4, part; RRS § 9351-4, part.)
NOTES:
Construction -severability -1967 c 52: See notes following RCW 35.43.042.
35.43.140
Resolutions—Contents, publication—Hearing, by whom held.
Any local improvement to be paid for in whole or in part by the levy and collection of
assessments upon the property within the proposed improvement district may be initiated by a
resolution of the city or town council or other legislative authority of the city or town, declaring
its intention to order the improvement, setting forth the nature and territorial extent of the
improvement, containing a statement that actual assessments may vary from assessment
estimates so long as they do not exceed a figure equal to the increased true and fair value the
improvement, or street lighting, adds to the property, and notifying all persons who may desire
to object thereto to appear and present their objections at a time to be fixed therein.
In the case of trunk sewers and trunk water mains the resolution must describe the routes
along which the trunk sewer, subsewer and branches of trunk water main and laterals are to
be constructed.
In case of dikes or other structures to protect the city or town or any part thereof from
overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other
channels the resolution must set forth the place of commencement and ending thereof and the
route to be used.
In the case of auxiliary water systems, or extensions thereof or additions thereto for
protection of the city or town or any part thereof from fire, the resolution must set forth the
routes along which the auxiliary water system or extensions thereof or additions thereto are to
be constructed and specifications of the structures or works necessary thereto or forming a
part thereof.
The resolution shall be published in at least two consecutive issues of the official
newspaper of the city or town, the first publication to be at least fifteen days before the day
fixed for the hearing.
The hearing herein required may be held before the city or town council, or other
legislative authority, or before a committee thereof. The legislative authority of a city or town
may designate an officer to conduct the hearings. The committee or hearing officer shall
report recommendations on the resolution to the legislative authority for final action.
You created this PDF from an application that is not licensed to print to novaPDF printer (http:'vd,:�rs).novapdf,com) !9/2017
Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF... Page 15 of 22
[ 1994 c 71 § 2; 1989 c 243 § 2; 1985 c 469 § 29; 1984 c 203 § 1; 1965 c 7 § 35.43.140.
Prior: 1957 c 144 § 8; prior: 1953 c 177 § 1. (i) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS
§ 9361, part. (ii) 1911 c 98 § 16, part; RRS § 9368, part. (iii) 1911 c 98 § 17, part, RRS §
9369, part. (iv) 1911 c 98 § 18, part; RRS § 9370, part.]
NOTES:
Severability -1984 c 203: "if any provision of this act or its application to any person
or circumstance is held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected." [ 1984 c 203 § 10.]
35.43.150
Resolutions—Hearing upon—Notice.
Notice of the hearing upon a resolution declaring the intention of the legislative authority of
a city or town to order an improvement shall be given by mail at least fifteen days before the
day fixed for hearing to the owners or reputed owners of all lots, tracts, and parcels of land or
other property to be specially benefited by the proposed improvement, as shown on the rolls
of the county assessor, directed to the address thereon shown.
The notice shall set forth the nature of the proposed improvement, the estimated cost, a
statement that actual assessments may vary from assessment estimates so long as they do
not exceed a figure equal to the increased true and fair value the improvement, or street
lighting, adds to the property, and the estimated benefits of the particular lot, tract, or parcel.
[ 1989 c 243 § 3; 1983 c 303 § 2; 1965 c 7 § 35.43.150. Prior: 1957 c 144 § 9; prior: 1929 c
97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part.]
35.43.180
Restraint by protest.
The jurisdiction of the legislative authority of a city or town to proceed with any local
improvement initiated by resolution shall be divested by a protest filed with the city or town
council within thirty days from the date of passage of the ordinance ordering the improvement,
signed by the owners of the property within the proposed local improvement district or utility
local improvement district subject to sixty percent or more of the total cost of the improvement
including federally -owned or other nonassessable property as shown and determined by the
preliminary estimates and assessment roll of the proposed improvement district or, if all or
part of the local improvement district or utility local improvement district lies outside of the city
or town, such jurisdiction shall be divested by a protest filed in the same manner and signed
by the owners of property which is within the proposed local improvement district or utility local
improvement district but outside the boundaries of the city or town, and which is subject to
sixty percent or more of that part of the total cost of the improvement allocable to property
within the proposed local improvement district or utility local improvement district but outside
the boundaries of the city or town, including federally -owned or other nonassessabie property:
You created this PDF from an application that is not licensed to print to novaPDF printer (http:/hvww.novapdfcom) !9/2017
EXHIBIT 2: PW LETTER TO BENEFITTED PROPERTY OWNERS DATED 10-27-
2017
Page 4 of 5
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
Nl ll'ITAti C91T11'
October 27, 2017
Weihl Road Resident
rKX X=-&Lf3 (C<D�-IUM=
DEPARTMENT OF PUBLIC WORKS
Mark R. Cook, PE Director
RE: Proposed Road Improvement District
Dear Resident:
Kittitas County Department of Public Works notices you that the Board of County
Commissioners has determined that it is in the interest of the County to initiate a Road
Improvement District (RID) f'or Weihl Road in the near future. The Board is required by
Washington State law to notice its intention to formulate the district by resolution. Following
this notice, we will send a separate notice to all residents advising of the meeting tune and date
for passage of the resolution of intent to formulate. We will further explain the process in our
next notice to residents. Public Works has completed an improvement design for Weihl Road
and delivered a cost estimate to the Board of County Commissioners. We have also prepared a
preliminary financial plan supporting improvement construction. Cost estimates are provided
below for your consideration.
Weibl Road Improvement District Financial Plan
Total project cost
$
750,614.00
Board of County Commission contribution
$
150,000.00
Remaining improvement cost to residents
5
600.614.00
Proposed cost recovery period
15 years
Assumed interest rate
3 percent
Assessment basis
Number of lots benefited
Total number of lots benefited
66
Annual assessment per lot
f
740.09
Previously. residents responded with a petition requesting formulation of the RID using an
estimated annual per lot assessment of $776 for a period of ten (10) years. Subsequently, the
Prosecuting Attorney Office determined that the roadway requires dedication onto the public
411 N. Ruby St, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Dept. of Public Warks
Page 2
road system once improvements are completed. This decision has driven the project cost to the
current estimated 5750.614. Attempting to maintain previous costs to benefited residents, the
Board of Count' Commission elects to contribute towards total proiecl cost. "Ihe contribution
lowers the resident share to $600.614. Maintaining a ten (10) year cost recovery period results in
an annual lot cost of $1,035.75. Discussing the costs with several area residents suggests that the
annual cost is too high. Extending the cost recovery period to fifteen (15) years affords a reduced
annual payment of $740.09.
We are anxious to hear the community's response to our financial proposal - prior to moving
forward with Board of County Commission action. You may call me at: 509-962-7523 or send a
response to 411 North Ruby, Suite l Ellensburg, WA 98926. You may also email a response
to: .. I.
Sincerely,
f
t.
Mark R, Cook
Director
411 K Ruby St, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
EXHIBIT 3: SUGGESTED PROJECT TIMELINE
Page 5 of 5
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT'
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