Loading...
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 Sp >a•. _ "9 Cbl ••.........••\��,�o '""inn � u u u❑����� BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Lai aaO�0c/�O�ic�da , hairman /1�-�-c v 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' P. D O T O r) O O ' ti H n n m a — m c m g 3 F y m m a o 3 y c `z ry O N n � - vl � m o d i I � -I C Vi p^, � N � m m a O � O D O T O r) O O ' ti H O C m a c m c m g Gl F y O O N n � - vl � m o i I � -I C Vi p^, N � m m a O � O O ZJ � ; \ I M � 00 c H d � N h N C O O O N m N ro O O O > > W A O = b m - < O O m 0 0 C \ I N Q > O ] (D N p � \ = F m 3 3 3 A ti. O C � O N b d _ d h m D O T O r) O O ' ti H O C m a c m c m g Gl F y O O n � - vl � m o i I � -I C Vi p^, N � m m a O � a O ZJ � ; \ I M � 00 3 d � N h l C O O O N m N ro O O O rn m W m m m 0 0 C \ I N Q > O ] (D N p � \ r \ 00 O Oa N 7 � N � F y O O a = vl � m o i I � -I C Vi p^, N � m f+ �4 — A � N a � I S N ZJ � ; \ I T O � 00 3 O C Imo` N N Y ip rn