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2019-04-08-minutes-public-works-study-session
KITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday April 812019 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Temporary Flaggers 3. Certified Agency Request - City of Cie Elum 4. Welhl Road Design Alternative Update 5. Update on Tax Parcel 693835 S. Council of Governments Proposed Policy Amendment 7. Klocke Levee Repair Update 8. Other business 9. Adjourn Created on 416!2019 7:49:12 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG Regular Meeting MONDAY 1:30 PM APRIL 8, 2019 Board members present: Chairman Cory Wright; Vice -Chairman Brett Wachsmith; Commissioner Laura Osiadacz Others: Mark Cook, Candie Leader, Public Works; Lindsey Ozbolt, Calvana Carper, Jessica Miller, Community Development Services and Seven (7) Members of the Public At 1:34 pm Chairman Cory Wright opened the Public Works Study Session. Mark Cook requested to add Ridgecrest Drive Discussion under Other Business. Chairman Cory Wright requested to add Motorized Vehicle Discussion as well. TEMPORARY FLAGGERS Mark Cook explained the challenges Public Works is having in hiring flaggers due to the current wage rate. Mark Cook stated that he would like to propose a wage range between fifteen dollars an hour ($15) and eighteen dollars an hour ($18) depending on the experience of the candidate applying for the position. Discussion was held. Staff was directed to move forward with implementing the wage range. CERTIFIED AGENCY REQUEST - CITY OF CLE ELUM Mark Cook gave background on the Certified Agency program and requirements the County has to follow to maintain the Certified status. Mark Cook stated that the City of Cle Elum had requested Public Works assist them in the first phase of a construction project for improvements to First Street. Mark Cook continued that phase two (2) of the project will begin soon and Public Works will need to have some additional resources to conduct inspections on upcoming projects in addition to assisting the City of Cle Elum. Mark Cook added that he would like to hire two (2) temporary Equipment Operators and use existing Equipment Operators for construction inspections. Discussion was held. Staff was directed to hire two (2) temporary Equipment Operators for the construction season. WEIHL ROAD DESIGN ALTERNATIVE UPDATE Mark Cook stated that discussions have been had at previous study sessions regarding the Weihl Road RID. Mark Cook continued that at the last meeting the Board directed staff to pursue a more cost effective alternative for the project by securing slope easements from property owners. Mark Cook added that one property owner was 2019-04-08 M IN UiES expressing interest in agreeing to the slope easement, however, the other owner has been non-responsive. Mark Cook explained the need for SEPA for the project now due to discovering a defunct irrigation system. Mark Cook commented that he is looking for Board direction on how to move forward with the project. Discussion was held. Staff was directed to submit the SEPA and move forward with advertisement of the project for bids. UPDATE ON TAX PARCEL 693835 Mark Cook stated that after the last study session update on this topic he submitted a request to the Prosecuting Attorney's office to confirm his research regarding the use RCW 39.33.060 to convey the tax parcel to the City of Cle Elum to establish a dog park. Mark Cook continued that a legal opinion was received and confirmed that RCW was appropriate. Discussion was held. Staff was directed to prepare enabling documents for property transfer. COUNCIL OF GOVERNMENTS PROPOSED POLICY AMENDMENT Mark Cook reported that last year the Council of Governments (COG) updated their policies to facilitate the processing of submitted applications and the Board approved those policies by resolution. Mark Cook stated that at a recent COG meeting it was discussed to amend policy 2018-01 directing that members do not score their jurisdictions applications for public facility fund requests. Mark Cook continued that he will be presenting the updated policy to COG for approval at the next meeting. Discussion was held. Staff was directed to bring back for Board approval after the COG meeting was held and a recommendation to amend the policy was made. KLOCKE LEVEE REPAIR UPDATE Mark Cook reported that for the last few years Public Works has been attempting to repair the Klocke Levee. Mark Cook gave background on the US Army Corp of Engineers PL 84-99 program and the process staff has gone through with Burlington Northern Sante Fe Railroad securing permits to access their property to conduct repairs. Mark Cook continued that property owners were also contacted in 2017 to obtain access for repairs as well. Mark Cook added that at that time one property owner granted access and the other modified the agreement adding terms. Mark Cook stated that these property owners are being benefited by rate payers' dollars through the Flood Control Zone District and if they won't allow access; the next step would be giving notice of abandoning the levee. Discussion was held. Staff was directed to move forward with efforts to repair the Klocke Levee. 2019-04-08 MINUTES OTHER BUSINESS: RIDGECREST DRIVE DISCUSSION Mark Cook gave background on Ridgecrest Drive and the issues had with access during the Jolly Mountain Fire by emergency agencies. Mark Cook continued that when the Twenty (20) Year Transportation Plan was finalized the Board requested that the plan include evacuation routes and Ridgecrest Drive was identified as an option. Mark Cook added that several property owners are interested in defining costs to possibly form a Road Improvement District to bring this road up to standard. Discussion was held. No direction was given. ORV USE/ISSUES Chairman Cory Wright stated that Pat Deneen approached him about speaking on an event that occurred over the weekend involving off road vehicles. Pat Deneen reported that several homeowners in the Roslyn Ridge area own ATV vehicles and use trails and internal roads for use of their vehicles. Pat Deneen continued that a resident was chased by Fish and Wildlife for riding in the area and this has brought up issues regarding safety and the need for a place to enjoy this recreational activity. Discussion was held. The Board requested that Pat Deneen schedule a meeting with the Board and members of his community for further discussions_ Meeting adjourned at 2:36 pm. 2019-04-05 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman KITTZTAS COUNTY DEPAR'T'MENT OF PUBLIC WORDS PUBLIC WORKS -- BOARD OF COUNTY COMIV MIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: April 8, 2019 TOPIC: Temporary Flaggers ACTION REQUESTED: Support St&Ws Request to Raise Compensation if Necessary to Attract Applicants LHAD STAFF: Mark R. Cook RECOhD4ENDATION: Support staffs request to raise the compensation for temporary flaggers if we do not attract sufficient applicants, BRIEFING SUMMARY: 6 Current compensation for temporary flaggers is $151hour • PW has had difficulty in the past attracting temporary flaggers at $15/hour • It may become necessary W raise the compensation range from $15 to $18 • PW will monitor applicant activity and schedule thorough Human Resources if it becomes necessary to consider adjusting flagger compensation BACKGROUND: In recent summers, PW has experienced difficulty attracting temporary flaggers. Compensation rates have risen in recent years adjusting to market conditions. Compensation beyond the current rate ($15&our) is expected to require Board of County Commission action. DISCUSSION: PW is discussing the potential need to advertise a range of compensation ($15-$l 9/hour) attracting temporary flaggers supporting summer construction. Providing we do not receive sufficient applicants in the next several weeks, PW proposes working with Human Resources bringing a proposal forward for Board consideration. FISCAL WACTS: Significant savings exist in PW owing to numerous position vacancies in 2019 - offsetting any additional flagger expenses in the remainder of 2019. ATTACHMENTS: None. Page.1 of 1 kMIC WORKS BOARD 41: COUNTY COMMIS "St RS won sEssm sTAFF REPORT-, -2 %16-x; , KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY CONI USSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: April 8, 2019 TOPIC: City of Cie Elam Certified Agency Request ACTION REQUESTED: Support the Hiring of Two Temporary Operators LEAD STAFF: Mark R. Cook RECON ENDATION: Support the hiring of two temporary equipment operators in Public Works. BRIEFING SUMMARY: • Recent promotion of an Equipment Operator to Public Works (PW) Engineering Technician 1 creates a hiring need • PW is a certified agency (CA) by Washington State Department of Transportation (WSDOT) • The City of Cie Elum is requesting PW serve as CA supporting pending Phase II improvement to First Street • HLA (Yakima) is contracted to provide administrative and full-time inspection services supporting the project BACKGROUND: Certified Agency status allows PW to administer federal aid construction projects. Using PW as a CA, the City of Cle Elum is able to comply with WSDOT Local Agency Guidelines in meeting FHWA requirements. The recent hiring of an existing equipment operator to Engineering Technician 1 creates a vacancy in the maintenance division. PW provided similar project support to the City of Kittitas in 2016. DISCUSSION: PW's 2019 construction schedule is tasting our ability staffing With qualified construction inspectors. PW currently has two seasoned inspectors (Case and Walters). 2018 construction will likely complete May of 2019 (Maruwash and No. 6). Big Boulder, Fairview and Story Creep are all slated to construct summer and fall of 2019. PW does not have the inspection resource for CA oversight — at this time. Learning from our Kittitas CA experience, PW desires having an inspector available to assist HLA ensuring federal aid compliance. Page 1 of 3 PLTBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFP REPORT PW proposes hiring three operators (one permanent and two temporary—sunimer/fall) during this hiring round allowing additional inspection resource supporting CA oversight needs. This action allows PW to task two existing operators into construction inspection. PW suggests having our two seasoned inspectors train two operators and then assigning one to City support. PW will assist HLA inspectors and gather necessary federal aid documentation throughout the life of the project ensuring a clean audit from WSDOT upon project completion. PW benefits by developing existing operators into construction inspectors — preparing them for future promotion into the engineering series, FISCAL IMPACTS: The City of CIe Elum has budgeted 55,040 for Kittitas County CA Services for Phase H. Four months of one temporary inspector is estimated to cost approximately $25,000. It is likely that PW inspection effort will be minimized once we integrate our effort with that of HLA inspection staff. ATTACHIVIENTS: Exhibit 1: HLA electronic message request Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT X: HLA, ELECTRONYIC NLESSAGE REQUEST Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY CO -N MISSIONERS WORK SESSION STAFF REPORT Mark Cook From: Ben Annen 4bannen@hlac1vlI.comy Sent: Friday, March 29,2019 1:35 PM TO: Mark Cook; Taylor Gustafson Cc: Robert Omans; Lucy Temple; Mike Engel hart; Jordan Preston Subject: Cie Elum First Street 5tormwater and Billings Avenue Intersection Improvements CA Review HI Mark and Taylor, Uploaded to the Sharepoint link for CA review are the Items listedd below for the City of Cie Elum's First Street Stormwater and Billings Avenue Intersection Improvements project, FHWA Project Number STPR-0903: 1. Federal Authorization Package Checklist 2. Plans 3. Specifications 4. Engineer's Estimate 5. LAA 6. STIP 7. Prospectus Submittal Package 8. Design Approval Documentation 9. NEPA —Draft, awaiting DAHP concurrence prior to final NEPA htt s: hl civil -m .share oint,corn.f: nnen EmCFfcAY!sdH m8Xi 9 MB - CSVPdPksKkeC4JOw?e=TLOd[}T A hard copy document package was delivered to WSDOT Local Programs today. Bid advertisements are scheduled for May 9, 2019 and May 16, 2019, followed by a bid opening on May 30, 2019. The construction contract will be considered by City Council on lune 11, 2019. Following contract execution, a preconstrucdon meeting will be scheduled for July 2, 2019, with construction beginning on July 8, 2019, and completed by October 28, 2019. Due to the late season construction, it is critical all scheduled dates are met, and funding is expended in total during the 2019 calendar year. We look forward to any review comments you may have, and CA approval. Please don't hesitate to call with any questions. Thank you, Benjamin A. Annen, PE HLA Engineering and Land Surveying, inc 2803 River Road Yakima, WA 98902 Phone. (509)966-7000 J Fax. (509)965-3sW bannenp lacly Lcom J www.b&gbd.com Hi,*r A KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: April 8, 2019 TOPIC: Weihi Road Design Alternative Update ACTION REQUESTED: Direct Staff on Securing Slope Easements LEADS AFF: Mark R. Cook RECONIMENDATION: Direct staff on the issue of securing slope easements. BRIEFING SUMMARY: • Weihl Road Improvement Design is ready to bid • Attempts at securing slope easements have stalled a While preparing the required State Environmental Policy Act (SEPA) application, a Department of Natural Resource (DNR) designated Type 2 stream was found The designated stream is an abandoned irrigation supply G SEPA will likely delay the project several months BACKGROUND: The Wefl Road Improvement District has been formed and the project is ready to solicit for constriction bids. Recently, the Board of County Commissioners (BOCC) gave direction for staff to pursue possible slope easements from two property owners. The slope easements are expected to significantly lower project costs. One property owner is expressing interest while the other owner has been non-responsive. PW is late in preparing the project SEPA application. Wh5e exempt from County permits, the amount of project grading is driving the need for state compliance with a SEPA application. During preparation of the SEPA checklist last week, stats learned that the DNR stream layer (critical areas) is designating the abandoned irrigation supply at Red Bridge Road as being a Type 2 stream. DISCUSSION: Submitting the SEPA checklist with the Type 2 stream designation will likely trigger a Joint Aquatic Resources Permit Application (SARPA). This action will likely lead to US Army Corps of Engineer review and possible fish passage mitigation requirements from the Washington State Department of Fish and Wildlife. PW rarely sees the JARPA process concluding in under four months. PW has initiated a review of possible SEPA exemption and is attempting to understand the Type 2 designation process. - His unlikely Page 1 of 4 z PUBLIC WORKS BOARD OF COUNTY: COMMISSIONERS WORK SESSION STAID: SORT that the preferred bid solicitation schedule can be held to — given the Type 2 designation and PW's late SEPA submittal. One path forward is to run to ground possible SEPA exemptions and failing that course, pursue actions having the Type 2 stream re -designated as defunct irrigation supply. During this time period, PW will continue working the slope easement option. Adding a fish passage obligation to the project will likely create additional project cost. It does not appear that we can re-engineer the road grade avoiding the existing culvert. FISCAL MPACTS: Unknown impacts resulting from a 7ARPA process. ATTACE ENTS: Exhibit 1: DNR Type 2 stream designation on COMPASS. Exhibit 2: Weihl Road improvement design showing the culvert. _:L Page 2 of 4 PiMLlG WORKS BOARD OF COUNTY COMMMIONER WORK SESSION STAFF REPORT, EXHIBIT I: Page 3 of 4 PUBLIC WORDS HUARD OF COUNTY C01 IMSSIONERS WORKS ION STAFF REPORT IC. m 2 LoQ m m 0 C rO V N ♦r Y E t0 r 0 N O m 0 Q S a a C �z EXHIBIT 2: Page 4 of 4 "'ia PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STA'FRIRI;PORT 4 SIR Jill will [I I Ok if 1 1119 IN fill o1i II1111 1 .:W .0 10 88-9 eee)@@@e I —0 my pj;f uagwi -Hu - W ftLNM-m im-Imem KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS , BOARD OF COUNTY COACUISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: April 8, 2019 TOPIC: Tax Parcel 693835 Update ACTION REQUESTED: Direct Staff Prepare .Enabling Legislation Supporting Property Transfer to the City of Cie Elam, WA LFAD STAFF: Mark R. Cook RECON RVIEN'DATION: Direct that staff prepare enabling legislation supporting property transfer (tax parcel number 693835) to the City of Cle Elum, WA. BRIEFING SUMMARY: • Public Works has received legal opinion supporting the use of Revised Code of Washington (RCW) 39.33.060 conveying property to the City of Cle Elum • The action is supported in Kittitas County Code at 2.81.090(2) • The City proposes using the property establishing a dog park BACKQK0UND: At a previous briefing, staff committed to having the Board's attarney review RCW 39.33-060 as the ownership transfer vehicle for Public Works (PW) parcel #693835. The property is valued at $100 (County Assessed value) and PW pays $4.91 per year in taxes. DISCUSSION: PW does not have currently, nor do we foresee any use of the parcel.. PW is a strong advocate for recreation and fuily supports the City's intended dog park. ' PW suggests leaving the City make a formal request for the parcel. Upon receipt, PW will prepare enabling legislation for the Board. FISCAL BOACTS: PW pays $4.91 annually for property valued at $100. ATTACHMENTS: Exhibit 1: KCC 2.81.090(2) `... R` ' Page l of 2 KS PUBLIC WORBOARD OF COUNTY COMMISSIONERS WORK SESSIUN' 11 6F REPORT EXHIBIT 1: KCC 2,81.090(2) Page. Z of 2 4. ' ? 'r ' WJBLIC WORDS BOARD OF COUNTY CONIIi dSMNERS WORK SESSION STAFF REPORZIIr'" �_ Candle Leader From: no-reply@co.kittitas.wa.us Sent: Monday, April 01, 2019 3:53 PM To: Mark Cook Cc: Candie Leader Subject: Prosecutor Service Request 1458511 Donate Public Works property to the City of Cle Elurn for park use pursuant to RCW 82.14.370. Mark Cook, We have made an update to your service request. A copy is displayed below. As we continue to work on your request you will receive additional notifications. Please review the issue fields as they may contain a request for aomething necessary to continue worldng on the request. Note: This email was sent from an unmonitored aaoount. Please do not reply to this email. To respond, please update your service request on CAMAS using the link below. Initial request: Can the Board donate Public Works property in the City of Cie Elum for use in creating a dog park? Latest update: Nell Caulkins 4!112019 3:53:47 PM Resolution: Yes, it may. It is allowed by both RCW 39.33.060 and KCC 2.81.090(2). Each provide for the exchange being for such consideration as is considered adequate, and free could be considered such. Status: Open Assigned to: Nell Caulkins Priority: Soon Due dais: 4/1012018 5:00:00 PM Update or cancel your r uest This is an automated email. Piease do not reply. :..L 'AX v gilt 5 . 1 iJ 2.81.090 Exempted Transactions [designated. The following transactions are exempted from the provisions of Sections 2.81.060 through 1. Worthless Property. Where personal property is determined to be worthless, such property may be disposed of by the department involved in the most cost-efficient manner. The property may be donated to the public at large in the discretion of the department involved. 2. Intergovernmental Transactions. The cc4, V may sell : -ease :ounly property to anct4r- goverr naltoaI 39ency r,y yois Vic'; opcw, Eu& ,. rms as may be agreed u; c; r.,. for sem[^ consideration as mai be c.r.ned adequate by the b-_-ard. KTTTITAS COUNTY DEPARTN ENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMNVIISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: April 8, 7019 TOPIC: Council of Governments Proposed Policy Amendment to Policy 2019-01 ACTION REQUESTED: Prepare Enabling Legislation LSD STAFF. Mark R. Cook RECON AENDATION: Direct that staff prepare enabling legislation. BRIEFINGS Y: a Recently, the Council of Governments (COG) discussed amending policy 2018- 01 directing that members do not score their jurisdictions applications to Public Facility Fund requests The COG policies are adopted by both bodies (COG and Board Of County Commissioners, BOCC) • The COG is expected to adopt the proposed changes during their April meeting BACKGROUND: Public Works (PW) recently provided scoring definitions to COG supporting Public Facility Fund applications. The COG desires establishing by policy that members not score their jurisdiction's application. A Scribner's error is also proposed for correction. DISCUSSION: It is anticipated that COG will recommend the BOCC amend COG Policy 2018-01 during the April meeting. A redline version of the policy is attached (EXHIBIT 1) for BOCC consideration. FISCAL IMPACTS: None ATTACHMENTS: Exhibit 1: COG Policy 2018-01 proposed amendment Page 1 of 2 PUBLIC WORKS BOARD, OF COUNNTY.CONMSSIONERS WORK SESSION STA;6FEEVORT EXHIBIT 1: COO POLICY 2019-01 PROPOSED AMENDMENT Page 2 o£2 ,-JUS U�C-. WORKS BOARD OF COUNTY COMMISStOMRSVORK SESSION STAFF REpopT:: KITTITAS COUNTY CONFERENCE OF GOVERNMENTS PUBLIC FACILITIES FUND POLICY NUMBER: 2018-01 POLICY TITLE. Project Award Process NARRATIVE: Following annual receipt of distressed county funds from the State of Washington, the Board of County Commissioners (BOCC) determines the amount of money that is available to the Conference of Governments supporting the Public Facilities Fund Public Infrastructure funding program. The (BOCC) then solicits the Conference of Governments (COG) for prospective projects utilizing forms provided by the Department of Public Works (DPW). The BOCC submits project forms along with all other COG members. Prospective projects ane submitted to the COG and reviewed by COG members. Members of COG do not score applicalinns frnm their own jurisdiction. Rating criterion Is applied and each prospective project is evaluated for adherence to the criterion. Project proponents are allowed a project presentation not exceeding ten (10) minutes in duration. Once all prospective projects are scored, the Department of Public Works complies project score sheets and produces a draft summary of scoring results for COG final evaluation. COG reserves the right to make final adjustments creating a preferred list of projects for BOCC consideration. The final list is created by a COG membership vote and is based on simple majority of the membership present during voting. The BOCC, having received the preferred funding list from the COG, takes separate and final action developing the annual project list for funding. Following BOCC funding action, the DPW creates contracts for all funding recipients. Funding becomes available to all recipients on January 1 at of the following year. Recipients may °spend ahead" on an awarded project at their own expense prior to January1St, Reimbursement for "spending ahead" may submitted on or after January 1st of the award year. Recipients may be submit requests for cost recovery on a monthly basis until such time that project funding is expensed or a period of three years terminates the funding. Any terminated funding returns to the Public Facilities Fund and may be re -allocated by the COG at their discretion; subject to final BOCC approval KCCG Public Facilities Fund Page 1 Related Policies d 2018-01 Award Process a 2018-02 Project Award and Review Timelines + 2018-03 Public Facilities Grant Application Forms • 2018-04 Public Facility Grant Matching Requirements • 2018-05 Project Banking • 2018-06 Repurposed Funding • 2018-07 Financial Reporting - 2018-08 Fund Reserves and Allocation ADOPTION DATE: REVISION DATE: APPROVALS: Commission District 1 Commission District 2 Commission District 3 Conference of Government Chair KCCG Public Facilities Fund Page 2 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS -- BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: April S, 2019 TOPIC: Klocke Levee Repair Update ACTION REQUESTED: Support Staff Direction LEAD STAFF: Mark R. Cook RECONIlVIENDATION: Attempt to secure a permanent access easement across privateproperty allowing repair to the Klocke Levee. BRIEFING SUMMARY: • Klocke Levee requires repair pursuant to US Army Corps of Engineers (Corps) inspection 2017 effort was not suocessful Public Works (PW) desires another attempt securing necessary repair access • Burlington Northern Sante Fe is not likely to alter the temporary license to a permanent access easement • Klocke Levee is maintained by the FIood Control Zone District BACKGROUND: Klocke Levee is part of the Corps PL 134-99 levee program (EXHIBIT 1— selection). In 2017, the impacted property owner altered the conditions of PW temporary construction easement and the Corps declined to construct improvements without a permanent access easement from Burlington Norther Sante Fe railroad. Corps levee xollup report is provided as EXHIBIT 2. DISCUSSION. The Flood Control Zone District Administrator (Administrator) believes strongly that in the absence of permanent access easement to the levee; the levee should be formally abandoned. The levee provides flood protection to an approximate population of 16. Threatened population with overtopping is five in the day and 11 during the night. Property damage is estimated at $713,000 (most current report). If permanent access cannot be secured from benefitted property owners, the Administrator recommends the Board of County Commissioners consider abandoning the levee and removing the levee from the Corps PL 84-99 program. An evacuation plan is recommended regardless of obtaining a permanent access easement. Letters requesting permanent easement are Page 1 of A PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WOIaK SWIIN STAFF REPORT ready to send out to benefitted property owners. "The Administrator will also reconnect with the Corps defining the likelihood of PL 8499 maintenance support. FISCAL DOACTS: The 2019 FCZD emergency response budget provides $182,775 in funding that could be used as match to Corps PL 8499 Klocke Levee repair. ATTACHMENTS: Exhibit 1: US Army Corps of Engineers PL 84-99 Program (selected sections) Exhibit 2: 2016 Klocke Levee rollup report Page 2 of 4 PUBLIC WORKS BOARD OF COUNT . COMMISSIONERS WORK SESSION.STAFF:,RMRT EXHIBIT 1: US ARMY CORPS OF ENGINEERS PL 84-99 PROGRAM (SELECTED SECTIONS) Page 3 of PUBLIC WORDS BOARD OF COUN'T'Y COMMISSIOMPS WORK SESSION STAFF REPORT PUBLIC LAW 84-99 REHABILITATION ASSISTANCE FOR NON-FEDERAL FLOOD CONTROL PROJECTS DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, ALBUQERQUE DISTRICT READINESS AND CONTINGENCY OPERATIONS 4101 JEFFERSON PLAZA, NE ALBUQUERQUE, NEW MEXICO 87109 24 HOUR TELEPHONE NO. 505-342-3686 October 2009 PUBLIC LAW $4-99 REHABILITATION ASSLST&NCE FOR NON-FEDERAL FLOOD CONTROL PROJECTS CONTENTS Paa Mfinitions . . . , ....... .. , ... .. 3 Purpose of Publication ...... , .. . , .. .. .. 4 Program Eligibility Requirements ..... , . 4 Program Application Requirements .. .. ........ .... 5 Program Eligibility Determination . .... .. .. , . 5 Maintaining Eligibility in Program ... ... .. ..... ............ , . . , .... 6 Requesting Technical Assistance .... ......... . .... .. 6 Requesting Rebabilitation Assistance.. . , o ........... ... ... 6 Items of Local Cooperation Agreement. . , . , . , . .. _ . _ ... , , , 7 Receiving Rehabilitation Assistance ...... .. _ _ ... .. ................ 7 Obtaining Additional Program Information ...................................... s APPENDIX A: REQUEST FOR APPLICATION INTO REHABILITATION PROGRAM APPENDIX B: REQUEST FOR REHABILITATION ASSISTANCE APPENDIX C: INITITAL ELIGIBILITY INSPECTION FORMS APPENDIX D: PUBLIC SPONSOR FORM APPENDIX E. MAINTENANCE GUIDE APPENDIX F: MINIMUM SETBACK REQUIREMENTS DEFINITIONS Emergency. Is a sudden, generally unexpected event which does or could do harm to people, the environment, resources, property or institutions. Flood. A flood is an inundation of land not normally covered by water and that is used or is usable by man. A flood has two essential characteristics: (1) The inundation is temporary; and (2) The land is adjacent to or inundated by the overflow from a river, stream or lake. Flood Control Project. A flood control project is any project which was designed and constructed to have appreciable and dependable affects in preventing damages from flood events. Levees are examples of flood control projects. Level of Protection. The level of protection provided by a levee is a measurement of the magnitude of a flood for which the levee is designed to protect from. For example, if a levee has a 25 -year level of protection it will not be overtopped by a flood which has a magnitude of one which has the probability of occurring only once every twenty-five years. (A twenty-five year flood has a 4% probability of occurring every year.) Primary or Main Levee. A dile or embankment, generally constructed close to the banks of a stream, lake or other body of water intended to protect the landside from inundation or to confine the stream now to its regular channel. Public Law 84-99. Public Law 84-99 is the di scretionmy authority given to the Corps of Engineers by Congress to act and react to emergencies caused by floods, contaminated water sources, drought, or dam failures. This authority allows the Corps to repair and/or rehabilitate any qualified flood control project (Levee) whether it is federally constructed or privately owned. Secondary Levee. A secondary levee is a levee constructed near, or tied into the main levee (riverward or landward) and which provides a lesser degree of flood protection than the main system. What is the Purpose of this Publication? The purpose of this publication is to explain to non-federal interests (local interests) the Corps of Engineers Emergency Rehabilitation Program for non-federal flood control projects under public law 84-99 (PL 54-99). The Corps of Engineers has authority under PL 84-99 to supplement local efforts in the repair of flood control projects (i.e. Levees) which are damaged by a flood. To be eligible for rehabilitation assistance under PL 84-99 Projects constructed by non-federal interests must meet certain criteria and standards set forth by the Corps of Engineers. These criteria and standards are outlined and explained within this publication. Since the majority of non-federal flood control projects in the Albuquerque District are levees, the term "Levees" will be used throughout this publication in lieu of "non federal flood control projects." What Criteria Must my Levee Most in Order to be Eligible for the Corps of Engineers Rehabilitation Program? Your levee must have a public sponsor as defined by your state laws. This sponsor will be the public representative for your levee and will represent you in all matters concerning your levee. public sponsors mast be one of the following; - A legal subdivision of a state government or a state itself. - A local unit of government. A state chartered organization such as a levee board. - A qualified Indian tnU or tribal organization. The function of your levee must be for the purpose of providing flood protection your levee is not eligible for the rehabilitation program if it was built for a non -flood related purpose such as channel alignmem recreation, fish and wildlife, land reclamation, drainage, or to protect against land erosion. Your levee must provide complete flood protection. A levee system which provides complete flood protection is one that is technically sound (i.e. Levee is tied off to high ground, is geotechnically stable, etc.), well maintained, and provides reliable flood protection. Your levee must protect against a minimum of a 10 -year flood event for an urban area and a 5year flood for an agricultural area. For example, this means that your levee has a probability of being overtopped once in ten years, or a ten percent chance of overtopping each year. Your levee must be a primary levee. Secondary levee's are not eligible for the rehabilitation program,. Exceptions to this policy may be granted if the secondary levee was designed to protect human life or the levee is a major component of the primary levee system and is necessary to assure the flood control protection of the total system. Your levee must be constructed in accordance with all applicable federal state and local permits, codes, ordinances, and their applicable laws in order to be eligible for the rehabilitation program. This includes flood plain management ordinances in counties where no flood insurance programs exist. How do I apply for consideration to participate in the Corps of Engineers Rehabilitation Program? To apply for eligibility under the Corps Rehabilitation Program you need to complete the form in Appendix A and mail it to the Corps office cited on the front page of this publication. The best time to apply is during non -flood periods, this allows the Corps time to determine the eligibility of your levee for inclusion into the program prior to your next flood seasons. How is my eligibility for inclusion into the Corps of Engineers Rehabilitation Program determined? Upon receiving the above-mentioned request, an Initial Eligibility Inspection will be made by the Corps to review your maintenance program and to perform a technical evaluation of your levee. This inspection will determine the adequacy of your levee to provide reliable flood protection. The Initial Eligibility Inspection Form (Appendix C) has been developed to establish minimum performance levels for non-federal levees to be eligible for the Corps rehabilitation program. The following is a summary of the ratings: Rehabilitation and Inspection Program. Raying Guide A - Acceptable No work required. Continue Operation and Maintenance as usual. M - Minimally Acceptable A deficient condition exists which should be improved by the levee sponsor/owner. U — Unacceptable A condition exists which requires immediate corrective action to be taken by the sponsor/owner before the levee is eligible for inclusion for inclusion into the PL 84-99 Rehabilitation and Inspection Program. After the initial inspection has been completed an inspection a letter will be sent to you identifying the results and tra mitting a copy of the inspection report to the sponsor/owner. This inspection report will cite your levee's eligibility to be included in the Corps program; and, if any, to correct deficiencies or upgrade your levee prior to inclusion into the rehabilitation program. If there are deficiencies or if upgrading is required to meet Corps standards, you will be notified of what corrective action is required and given a specific time flume to complete the wwk. If you do not complete the required work within the given time frame you will ineligible for inclusion into the Rehabilitation and Inspection Progress, PL 84-99. No further inspections of your levee will be made until the Albuquerque District Readiness and Contingency Operations office is notified in writing that the corrective actions have been completed. If you do not agree with the results of the Corps evaluation of your levee, you may choose to provide your own detailed engineering study (Engineer Certified) for consideration. Once I am in the Rehabilitation Program --How is nay Levee's Eligibility Maintained? Once in the program the project sponsor is required to ensure adequate maintenance and operation of your levee. Guides to assist in the maintenance and inspection of your levee are included in the Non Federal Levee Owner's Manual located at this website. The Corps will continue to inspect your levee on a regular basis (approximately every two years) in order to detect any changed conditions which could impact the integrity of your levee and to evaluate the maintenance program of the levee. The previously mentioned rating guide will be used to evaluate your levee during these inspections. The project sponsor will be invited to attend the periodic inspections and will be notified of the results of these inspections and advised of any corrective measures required. What if There is a Problem with my Levee that USponsor am Unsure of how to Correct? The Corps of Engineers will provide technical assistance upon request. To request technical assistance have your project sponsor contact the Corps Office cited on the front page of this publication in writing. What do I do when my Levee is Damaged by a Flood Your sponsor must submit a request for Corps assistance. A sample copy of the request form is located in Appendix B. This request must be submitted within 30 days after the flood event_ Upon receipt of this request, the Corps will inspect your project to determine the extent of the damage, the best repair alternative and whether or not the cost of repair is economically feasible. The project sponsor will be notified verbally and in writing of the inspection results and the intent of the Corps to participate in the repair. If the Corps does plata to provide rehabilitation assistance the project sponsor will be required to furnish formal written assurances of local cooperation to the Carps prior to the authorization of any repairs to your levee. The purpose of this agreement is to obtain an understanding between the Corps and the sponsor, concerning the responsibilities of each patty. The items of local cooperation which are required are discussed in the following paragraphs. Local Cooperation Agreement Provide without cost to the United States, the necessary land, easements and rights-of-way including borrow and disposal areas (suitable to the Corps ofEngineers) as necessary to perform the required construction and to secure all necessary permits prior to initiation of construction by the Corps of Engineers. Easements (which extend fbrthe life ofthe project) will also be provided for future maintenance, operation, and inspection. Hold and save the United States free from damages due to any authorized work, exclusive of damages due to the fault or negligence of the United States or its contractors. Contribute 20 percent of the construction cost for rehabilitation repairs. Contributed costs may be in the form of cash (provided prior to the award of a federal contract for authorized work) or in-kind services such as Libor and/or equipment, etc. or a combination of both cash and, in-kind services. The valve of in kind contributions will be determined by the District Engineer. Items of cooperation required by the Corps such as lands, easements and rights-of-way, are not considered to be contributed costs. Maintain and operate, in a manner satisfactory to the Corps of Engineers, (1) all the repair or restoration work after completion and (2) all inter -related portions of the flood control works not requiring repair or restoration such as levees, berms, drainage structures, bank protection, etc. Responsible for all relocations (i.e. Roadway, utilities, etc.) required to repair the levee. Since I'm in the Corps Program can I be Certain of Receiving, Corps Assistance when my Levee is Damaged? There should he no problem as long as your levee is in good condition at the time of the flood and the following stipulations are met: 1) The damage to your levee must have been by a flood; damages by other occurrences, natural or man-made, are not eligible for Corps assistance. 2) Damages to your levee must be greater than $15,000 or they will be considered normal maintenance and not eligible for Corps assistance. 3) Any deficient or deferred maintenance existing when flood damages occur will be accomplished by or at the expense of the project sponsor prior to or concurrently with authorized rehabilitation work. When work by the Corps corrects deferred maintenance the estimated cost ofthis work will be added as contributed funds over and above the 20% outlined in the local cooperation agreement. 4) The benefits provided by your project must exceed the cost of the repairs. What do I do if i have questions or need additional information on Corp Rehabilitation Program? Please feel free to telephone or write the Corps Office identified below. ADDRESS: Department of the Army Corps of Engineers, Albuquerque District Readiness and Contingency Operations Brunch 4101 Jefferson Plaza, hT Albuquerque, New Mexico 87109 TELEPHONE: (505) 342-3686 EXHIBIT 1 2016 KLOCKE LEVEE ROLLUP REPORT Page 4 of 4 PUBLIC WORKS BOARD OF COUMrY CONNUSSIONERS WORD S ION STAFF REPORT II c 0 -1-j vn cu cu E cu E ,75 i co E ccZ a V O 8 O O O tot CD r OLO to 41 C E tm z 9 Z N `0 _Z 20 � 4) ca 0_CL i�0 '�- Z C.)�"? o O Q cc U) � CO - c < r 00 r— V7 YE WO 0 mC" o o ca =�o C+ ac j N gNMO•- o Q C�OEu3 ;�[ M coQ=3e 'C he o (0 W CO cc L ii Sze Em Qj r c .� {Q .L a-• _too m Q .r . _ o 6 -2 c � o � r_ o cQ r-- Lu aw o •— ��o0.�oa.-0v��Mo N W ai•yi� ��u LO � o a ��'-c.�`~= to 0 Q 01 0 C.) Cl) � N 00 03 >� Q 0 ��hU)JWH❑❑Za.ZT.- CO Z 0 ca CLO a. 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