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HomeMy WebLinkAbout2018-05-14-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday May 14, 2018 - 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Hyak Road System Update 3. Council of Governments Public Facilities Application Process 4. Grading Permit Requirements and Driveway Construction S. Other business 6. Adjourn Created on 5/11/2018 8:29:30 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST STH ROOM 109 - ELLENSBURG Regular Meeting MONDAY 1:30 PM May 14, 2018 Board members present: Chairman Laura Osiadacz; Vice -Chairman Obie O'Brien; Commissioner Paul Jewell Others: Mark Cook, Sara Folk, Jim Van De Venter, Public Works; Dan Carlson, Stephanie Mifflin, Lindsey Ozbolt, Community Development Services; Eric Trygstad, Fire Marshal; Kayla Bonar, Daily Record; Approximately Twenty (20) members of the public HYAK ROAD SYSTEM UPDATE At approximately 1:30 pm Chairman Laura Osiadacz opened the Public Works Study Session. Mark Cook requested to add one item to the agenda under Other Business - STBG 2018 Allocation. Mark Cook reported back to the Board of County Commissioners (BOCC) on their previous request to research a Transportation Benefit District fund for maintenance at Hyak. Mark Cook explained the funding mechanisms allowed by State law and identified numerous restrictions towards capital construction and Mark Cook noted the suite of options, one being specifically for maintenance operations, which is tolling. Mark Cook presented a summary of financial information for snow removal for the past twenty (20) years at Hyak and countywide. Discussion was held. Chairman Osiadacz called for public comments and approximately six (6) members of the general public addressed the BOCC on the topic. Staff was directed to research the topic of donation of roads and return with an update. GRADING PERMIT REQUIREMENTS AND DRIVEWAY CONSTRUCTION Mark Cook gave background on the current grading ordinance and identified issues with the permitting and driveway construction. Mark Cook explained the issue of requiring engineered plans and proposed a code amendment to amend the grading permit exemptions. Discussion was held with Commissioner Jewell expressing concerns regarding exemptions, specifically private roads. Further discussion was held on restricting exemptions. Chairman Osiadacz called for public comment with two (2) members of the general public commenting on the topic. Staff was 2018-05-14 MINUTES directed to prepare a code amendment for the 2018 Code Amendment update. Prior to adjournment it was announced that the Study Session would be continued to Tuesday, May 15, 2018 at 8:00 am at the Commissioners Auditorium. Meeting adjourned at approximately 2:30 pm 2018-05-14 MINUTES KITTITAS COUNTY COMMISSIONERS KITI'ITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: May 140 2818 TOPIC: HYAK Road System Update ACTION REQUESTED: Provide Staff Direction on Neat Steps LEAD STAFF: Mark IL Cook RECOMMENDATION: Provide staff direction on the desired next steps representing Board of County Commissioner's (BOCC) desire regarding ongoing road maintenance costs associated with the Hyak road network. BRIEFING SUNEV ARY: • The BOCC recently requested staff evaluate the benefits of using Transportation Benefit District (TBDs) legislation as a potential cost offset to the maintenance costs associated with the Hyak roadway network. • TBDs have numerous restrictions towards capital construction • Only a single TBD funding strategy holds promise for maintenance • Staff is providing a summary of actions required when considering roadway vacation of public roadways BACKGROUND: Over the past several years, staff has been advising the BOCC on 'increasing costs associated with maintaining the Hyak road network. The Road Improvement District was retired in 2014 and PW has met all funding obligations under the RID. Recently, numerous Hyak residents filled the BOCC's auditorium appealing to the BOCC to NOT abandon the roadway network. The BOCC requested staff evaluate TBDs and the vacation process and return with a report for BOCC consideration. DISCUSSION: TBDs have multiple funding opportunities — some require vote while others do not (EXR BIT i -- MRSC TBD summary). Vehicle license fees are not likely viable. Sales and use tax is similarly not viable. Nearly all of the remaining ceding options specifically identify applicability towards capital construction. General Obligation bonds specify capital use (EXHIBIT 2). Impact fees are capital restricted. Excess property tax is capital restricted (EXHIBIT 3). Local improvement districts are capital restricted (EXHIBIT 4). One funding mechanism identifies maintenance as an applicable expense: tolling. The physical means of collection will require additional evaluation from PW. Page 1 of 8 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT The process of roadway vacation is summarized for the BOCC as EXHIBIT 5. In summary: • Resolution of intent to vacate • Engineer's report • Notice of hearing on report and notice posting • Hearing • BOCC majority vote FISCAL IWACTS: Following the previous BOCC briefing on Hyak, staff pulled historic cost data associated with snow removal in Hyak. From 1997 to 2017 PW budgeted 12.6 million in snow removal countywide for 561 miles. During the same period, $1.02 million was spent on 3.1 miles in Hyak (EXHIBIT 6). During the previous briefing, staff represented the cost per anile of snow removal in Hyak as being seven times the rate of the rest of the County. The actual value is approximately sixteen (16) times the cost of the rest of the County. ATTACHMENTS: Exhibit 1: MRSC TBD Summary Exhibit 2: RCW 36.73.070 Exhibit 3: RCW 36.73.060 Exhibit 4: RCW 36.73.080 Exhibit 5: RCW 36.87.010 -- 36.87.140 Exhibit 6: Snow Removal Cost Summary Page 2 of 8 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: MRSC TBD SUMMARY Page 3 of 8 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT MRSC - Timpportsfion Benefit Districts Contact Us Partners Rosters Search... All Sections ,. 0 Home > Explore Topics > Finanoe > Transportation Benefit Districts Transportation Benefit Districts On this Page Have a Research Question? This page provides a general overview of transportation benefit districts (TBDs) in Washington State, including formation procedures, assumption of powers, revenue sources, reporting requirements, and sample documents. Overview Chapter 36.73 RCW authorizes cities (see also RCW 35.21.225) and counties to form transportation benefit districts (TBDs), quasi -municipal corporations and independent taxing districts that can raise revenue for specific transportation projects, usually through vehicle license fees or sales taxes. Transportation benefit district revenue may be used for transportation improvements included in a local, regional, or state transportation plan (RCW 36.73.015(6)), Improvements can range from roads and transit service to sidewalks and transportation demand management. Construction, maintenance, and operation costs are eligible. List of TBDs MRSC is currently aware of about 90 TBDs throughout Washington State, and more are being created every year. For details, including an interactive map, see our Transportation Benefit Districts Fa - Bach to top http://`nmc orrHome,Explore-TopiculFimmWSpedml Toocsfr ansWrtauon-Benefit l imic .aspx[518/2Dl9 1:54:58 PM] MRSC - Transpmtodon Benefit DisWots Any city or county may form a TBD by ordinance, following a public hearing, if it finds that the action is in the public interest (RCW 36.73.050). The establishing ordinance must specify the boundaries of the district - which may include all or part of the city or county establishing the TBD - and the transportation improvements that will be funded. The boundaries and functions of the TBD may not be changed without further public hearings. A transportation benefit district may include all or part of the territory in another jurisdiction (city, county, port district, county transportation authority, or public transportation benefit area) through interlocal agreement (RCW 36.73.020(2)). Governance Almost all TBDs share the same boundaries as their establishing jurisdiction, in which case they must be governed by the members of that jurisdiction's legislative body, acting as a separate legal entity, unless the jurisdiction assumes the TBD's powers (see below). Even though they comprise the same members, the legislative body and the governing board are separate and distinct bodies and must hold separate and distinct meetings. Note that in mayor -council cities the mayor is not part of the legislative body and is not eligible for membership on the TBD board. If a TBD includes territory in multiple jurisdictions, it must be governed under an interlocal agreement pursuant to chapter 39.34 RCW. The governing board must consist of at least five members, including at least one elected official from each participating jurisdiction, or - if the TBD has the same boundaries as the metropolitan planning organization (MPO) it may be governed by the MPO governing body (RCW 36.73.020(3)). Assumption of Powers Effective July 2015, any city or county that forms a TBD with the same boundaries as the city or county may absorb the TBD and assume all of its "rights, powers, functions, and obligations," with the result that the TBD would cease to exist as a separate entity (chapter 36.74 RCW). As of June 2016, roughly 45 TBDs - about half of the total - have been assumed by their cities or towns. (See MRSC's List of Transportation Benefit Districts for details.) For more details, see: http:lhnnc.org/H=&T-Vbm-Topk&4gnmcelSpecial-TO*IU!'r VOfte=-Benefit-DistdOts.espx[5/812Ol8 1:54:58 PM] MMC - Transportation Bczbfit Districts New Legislation Affecting Transportation Benefit Districts • Assuming the Powers of Your Transportation Benefit District? Note: A section has been added to the BARS Manual discussing the requirements for jurisdictions that assume the powers of their TBDs. In particular, a jurisdiction assuming a TBD must (1) still file an annual financial report for the year in which the TBD was assumed and (2) submit a New Entity Creation or Dissolution Notification form For more details, see the BARS Manual, Section 3.11,1.120 Funding Sources Transportation benefit districts are primarily funded through vehicle license fees and/or sales taxes. There are several other funding options available such as border area fuel taxes, bonds, and impact fees, but these are seldom or never used. Vehicle Lioense Fees The most common TBD funding source is a vehicle license fee (RCW 8Z80.1 40, RCW 36.73.040(3)(b)). TBDs may impose vehicle license fees up to $50 without a public vote, subject to the conditions below, or may impose fees up to $100 with voter approval. Until 2015, vehicle license fees of $20 or less could be imposed without voter approval, but 2ESSB 5987 increased the allowable nonvoted vehicle license fee up to a $50 maximum. However, a TBD may only impose a nonvoted vehicle license fee above $20 as follows: Up to $40, but only if a $20 fee has been in effect for at least 24 months. Up to $50, but only if a $40 fee has been in effect for at least 24 months. Any nonvoted fee higher than $40 is subject to potential referendum, as provided in RCW 36.73.065(6). Any license fees over these amounts, up to $100, must be approved by a simple majority of voters. However, voters have rejected these measures almost every time_ The only TBD to successfully pass a voted vehicle license fee is the Seattle TBD, whose voters approved a $60 fee increase in 2014 after rejecting a similar increase in 2011. If two or more TBDs with the authority to impose a nonvoted fee overlap, credits must be issued so that the combined nonvoted fees do not exceed $50 total_ http:l/mrsc.wglHomelExploze-TopicWFinmwdSpecial-ToOedTrsnspo*Wcw-Benefit DisWcts.aspx[5/8120181:54:58 PW MRSC - Transpormfaon Benefit District® If a countywide TBD wishes to impose a vehicle license fee, it must distribute the revenues to each city in the county by interlocal agreement, which must be approved by 60% of the cities representing 75% of the city population (RCW 62.60.140(2)(a)). If this threshold cannot be met, a district that includes the unincorporated areas only may impose the nonvoted license fees discussed above (RCW 36.73.065(5)). For a list of current TBD vehicle license fees, see the Department of Licensing's page on local transportation benefit district fees Sales and Use Taxes Another common TBD funding source is a sales and use tax of up to 0.2% (RCW 82.14.0455. RCW 36.73.040(3)(x)), which must be approved by a simple majority of voters. This taxing option is limited to 10 years, with the ability to place this same sales tax option back before the voters for one additional 10 -year period. The exception to this time limitation is for the repayment of debt; if the TBD sales tax is to be used to repay debt, the ballot measure should state the intended use and duration of the debt service. In recent years, voters have approved the vast majority of all proposed TBD sales and use taxes. At least four jurisdictions - Seattle, Tacoma, Enumclaw, and Moses Lake - have imposed a sales tax on top of an existing vehicle license fee. For individual results, see MRSC's Local Ballot Measure Database Other Funding Sources Other potential funding sources include: General obligation bonds (RCW 36.73.070) - MRSC Is only aware of one TBD that has attempted to pass a bond measure, and it failed with 50% of the vote (Auburn TBD, 2012). Border area fuel tax, only available to TBDs that include a Canadian border crossing (RCW 82.47.020). MRSC is aware of one TBD - Point Roberts - that uses this funding mechanism. o Impact fees on commercial and industrial development in accordance with chapter 39.92 RCW (RCW 36.73.040(3)(c) and RCW 36.73.120). c Vehicle tolls (RCW 36.73.040(3)(d)). Excess property taxes (RCW 36.73.060). Local Improvement districts (RCW 36.73.080). http:lhnrsc.orgO melLViore-Tooc&TinanedSpecial-Topicsrrracsporwion-Benefit-DWaictsmpx[518l2019 1:54:58 FM] 14MC - TranspoMion Benefit Districts Material Change Policies TBDs must adopt a material change policy that addresses significant changes to the transportation improvement finance plan that affect project delivery or the ability to finance the plan (RCW 36.73.160(1)). The policy must at least address material changes to cost, scope, and schedule, the level of change that will require governing body involvement, and how the governing body will address those changes. At a minimum, the policy must require the governing body to hold a public hearing if the revised cost exceeds the original estimate by more than 20%. Budgeting State law does not clearly require TBDs to adopt an appropriations budget. However, adopting a budget would be considered a best practice, and a number of TBDs have done so, setting up the budget process to coincide with the annuallbiennial process used by the establishing jurisdiction. It is up to the TBD governing board to develop and adopt a budget policy. Under RCW 36.73.020(4), the treasurer of the establishing city or county must serve, in an independent and ex officio capacity, as the TBD treasurer. Required Annual Reporting Transportation benefit districts must submit annual financial reports to the State Auditor's Office using the BARS reporting templates (RCW 43.09.230). For information on the specific TBD accounting requirements, see the BARS Manual, Section 3.11.1 For assistance developing financial reports, see MRSC's Annual Financial Reporting Checklists page. In addition to the annual financial report, RCW 36.73.160(2) requires TBDs to issue a separate annual transportation improvement report detailing the district revenues, expenditures and the status of all projects, including cost and construction schedules. The report must be distributed to the public and newspapers of record in the district. Dissolution A transportation benefit district must end its day -today operations within 30 days after the specified transportation improvements are completed, although the district may continue to collect revenue and service any remaining debt or financing. A TBD must be completely dissolved within 30 days after the financing or debt service is paid off htt:lhnrsaor&HomeftplowTopics}FiumwApeciai-Topic&Trensporiaiinn-Bejelit.Districts.aspx[51812018 1:54:58 PW MRSC - Transportation Benefit Disbicts (RCW 36,73.170). Examples of TBD Documents Establishing Ordinances • Anacortes Ordinance No. 2926 (2014) - Establishes powers of district and board, identifies potential revenue sources • Enumclaw Ordinance No. 2524 (2013) Identifies eligible projects as those in the six-year Transportation improvement Program, authorizes creation of advisory committee o Snohomish County Amended Ordinance No. 10-103 (2011) - Establishes a TBD in unincorporated areas after failing to reach an interlocal agreement a Toppenish Ordinance No. 2012-2 - Establishes powers of district and board Assumption Ordinances • Grandview Ordinance No. 2015-09 - Repeals entire chapter of municipal code Black Diamond Ordinance No. 15-1059 (2015) - Assumes the powers of a newly formed TBD with no pre-existing funds, assets, or contracts * Roy Ordinance No. 933 (2015) - Replaces "governing board" section in municipal code Q Sedro-Woolley Ordinance No. 1823-15 (2015) - Short and simple ordinance e Shoreline Ordinance No. 726 (2015) - Detailed ordinance assuming the powers of a TBD formed in 2009 with existing funds and contracts o Additional examples are available through MRSC's Sample Document Library Vehicle License Fee Resolutions • Covington Ordinance No_ 12-15 (2015) - $20 flee following assumption of TBD • Des Moines TBD Resolution No. 0003.TBD (2015) - $40 nonvoted fee • Grandview TBD Ordinance No. 2011 -TBD -02 (2011) - $20 fee • Maple Valley TBD Ordinance No. 0 -12 -001 -TBD (2012) - $20 fee, specifying which projects will be funded • Additional examples are available through MRSC's Sample Document Library Sales and Use Tax Resolutions h4;ihmc.orWH=c/Explore-Topica/Finance/5pecia]-Topic&rrransporWon-Benefit Districts.aspx[SIM018 1:34:58 PNq NIBSC - Tmenspodwden Be fil Districts • Bellingham TBD Resolution No. 2010-1 (2010) Ballot proposition for a 0.2% sales tax e Clarkston TBD Resolution No. TBD -2015-01 (2015) Ballot proposition to impose a 0.2% sales tax and rescind a nonvoted $20 vehicle license fee * Moses Lake TBD Resolution No. 3 (2017) - Ballot proposition to impose a 0.2% sales tax and rescind a nonvoted $20 vehicle license fee. Includes staff report and voter fact sheet * Waltsburg TBD Resolution No. 2012-593 (2012) - Ballot proposition for a 0.1 % sales tax Material Change Policies Maple Valley TBD Resolution No. R -12 -004 -TBD (2012) - Fairly standard material change policy used by many TBDs o Prosser TBD Resolution No. 11 -TBD -07 (2011) -Includes a definition of'material change" TBD Budgets c Arlington TBD 2015 Budget - Includes work plans and costs for individual projects • Leavenworth TBD 2015-16 Budget Contains narrative to guide readers o Prosser TBD 2015 Budget - Short document with a one-page budget table Annual Transportation Improvement Reports G Ferndale TBD 2014 Annual Repo - Short, two-page overview a Marysville TBD 2014 Annual Report - Includes project maps and photos Dissolution Ordinances * Yakima Ordinance No. 2014-006 - Dissolving TBD after projects were funded by other means Recommended Resources WA Department of Licensing Local Transportation Benefit District Fees — List of current TBD vehicle fees imposed by local jurisdictions hV:Ilmrsa.omgjHnme/Pxplor-ToOWFinenWSpeoW-TopicsgYan*wtadon-B=rot.Districts.aspx(51MO181:54:58 PK EXHIBIT 2: RCW 36.73.070 Page 4 of 8 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT RCW 36.73.070: Authority to issue general obligation bonds, revenue bonds. Page 1 of 1 RCW 36.73.070 Authority to Issue general obligation bonds, revenue bonds. (1) To cant' out the purposes of this chapter and notwithstanding RCW 39.36.020(1), a district may issue general obligation bonds, not to exceed an amount, together with any other outstanding nonvoter -approved general obligation indebtedness, equal to one and one-half percent of the value of taxable property within the district, as the term 'Value of taxable property" is defined in RCW 39,36.015. A district may additionally Issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to fire percent of the value of the taxable property within the district, as the term "value of taxable property" Is defined in RCW 39.36.015, when authorized by the voters of the district pursuant to Article VI 11, section S of the state Constitution, and may also provide for the retirement thereof by excess property tax levies as provided in RCW 36.73.060(2). The district may, If applicable, submit a single proposition to the voters that, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies. (2) General obligation bonds with a maturity in excess of forty years shall not be issued. The governing body of the district shall by resolution determine for each general obligation bond issue the amount, date, terms, conditions, denominations, maximum fled or variable Interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to principal and interest, registradon as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and elther the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the some manner as general obligation bonds are issued. (3) Whenever general obligation bonds are issued to fund specific projects or enterprises that generate revenues, charges, user fees, or special assessments, the district may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. The district may also pledge any other revenues that may be available to the district. (4) In addition to general obligation bonds, a district may issue revenue bonds to be issued and sold in accordance with chapter 39.46 RCW. [ 2005 c 336 § 7; 1987 c 327 § 7] NOTES: Effective date -2006 c 336: See note fallowing RCW 38.73.015. You created this PDF from an application that is not licensed to print to novaPDF prinler (http./1www.novapdf_corn} 10/2018 E)IIBIT 3: RCW 36.73.060 Page 5of8 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT RCW 36.73.060: Authority to levy property tax. Page 1 of 1 RCW 36.73.060 Authority to levy property tax. (1) A district may levy an ad valorem property tax in excess of the one percent limitation upon the property within the district for a one-year period whenever authorized by the voters of the district pursuant to RCW 84.62.052 and Article VII, section 2(a) of the state Constitution. (2) A district may provide for the retirement of voter -approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies In excess of the one peroent limitation whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.62.056. 12006 c 336 f 6; 1987 c 327 § 6.1 NOTES: Effective date --2006 c 336: See note following RCW 36.73.015. You created this PDF from an application that is not licensed to print to novaPDF printer (http://www,novapdf.com} 10/201 g E=BIT 4: RCW 36.73.080 Page 6 of 8 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT RCW 36.73.080: Local improvement districts authorizer -Special assessments—Bonds. Page 1 of 2 RCW 38.73.080 Local improvement districts authorized—Special assessments, -Bonds. (1) A district may form a local improvement district to provide any transportation improvement it has the authority to provide, impose special assessments on all properly specially benefited by the transportation improvements, and issue special assessment bonds or revenue bonds to fund the costs of the transportation improvement. Local improvement districts shall be created and administered, and assessments shall be made and collected, In the manner and to the extent provided by law to cities and towns pursuant to chapters 35.45, 35.44, 35.49, 35.50, 35.51, 35.53, and 33.64 RCW. However, the duties devolving upon the city or town treasurer under these chapters shall be imposed upon the district treasurer for the purposes of this section. A local improvement district may only be formed under this section pursuant to the petition method under RCW 35.43.724 and 35.43.425. (2) The governing body of a district shall by resolution establish for each special assessment bond issue the amount date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and form, -Including registration as to principal and Interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond the date of issue. Special assessment bonds issued pursuant to this section shall not be an indebtedness of the district Issuing the bonds, and the interest and principal on the bonds shall only be payable from special assessments made for the improvement for which the bonds were issued and any local Improvement guaranty fund that the district has created. The owner or bearer of a special assessment bond or any Interest coupon issued pursuant to this section shall not have any claim against the district arising from the bond or coupon except for the payment from special assessments made for the improvement for which the bonds were issued and any local Improvement guaranty fund the district has created. The district issuing the special assessment bonds is not liable to the owner or bearer of any special assessment bond or any interest coupon issued pursuant to this section for any loss occurring in the lawful operation of its local improvement guaranty fund. The substance of the limitations Included in this subsection (2) shall be plainly printed, written, or engraved on each special assessment bond issued pursuant to this section. (3) Assessments shall resect any credits given by a district for real property or property right donations made pursuant to RCW 47.14.030. (4) The governing body may establish, administer, and pay money into a local improvement guaranty fund, in the manner and to the extent provided by law to cities and towns under chapter 35.54 RCW, to guarantee special assessment bonds issued by the district. [ 2005 c 336 § 8; 9887 c 327 § 8.] NOTES: You created this PDF from an application that Is not licensed to print to novaPDF printer #ft://www.novop4tcom) [0/2018 RCW 36.73.080: Local improvement districts authorized—Special assessments—Bonds. Page 2 of 2 Effective date 2005 c 336: See note Sollowing RCW 36.73.015. You created this PDF from an application that is not Iloensed to print to nwaPDF printer [htt :l/www.nova df.corn 1012018 EXHIBIT 5: RCW 36.87,010 140 Page 7 of PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Chapter 36.87 RCW_ ROADS AND BRIDGES—VACATION Page 1 of 5 Chapter 36.87 RCW ROADS AND BRIDGES—VACATION :hapter Usting j RCW Dispositions Sections 36.67.0110 Resolution of intention to vacate. 36.87.020 County road frontage owners' petition—Bond, cash deposit, or fee. 36.87.030 County road frontage owners` petition—Action on petition. 36.87.040 Engineer's report. 36.87.050 Notice of hearing on report. 38.87.060 Hearing. 36.87.070 Expense of proceeding. 36.87.080 Majority vote required. 36.87.080 Vacation of road unopened for five years ---Exceptions. 36.87.400 Classification of roads for which public expenditures made—Compensation of county. 36.87.110 Classification of roads for which no public expenditures made—Compensation of county. 36.87.120 Appraised value as basis for oompensabon—Appraisal costs. 36.87.130 Vacation of roads abutting bodies of water prohibited unless for public purposes or industrial use. 36.87.140 Retention of easement for public utilities and services. 36.87.0'10 Resolution of intention to vacate. When a county road or any part thereof is considered useless, the board by resolution entered upon its minutes, may declare its intention to vacate and abandon the same or any portion thereof and shall direct the county road engineer to report upon such vacation and abandonment [ 1969 ex.s. c 185 $1;1863 c 4 § 36.87.010. Prior: 1937 c 187 148; RRS § 6450-48.1 36.87.020 County road frontage owners' petition—Bond, cash deposit, or fee. Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority may (1) require the petitioners to make an appropriate cash deposit or fumish an appropriate bond against which all costs and expenses Incurred In the examination, report, and proceedings pertaining to the petition shall be http://app.leg_wa.gov/RCW/default.aspx?citc=36.87&fWlrtruc 4/11/2018 Chapter 36.87 RCW: ROADS AND BRIDGES VACATION Page 2 of 5 charged; or (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. [ 1591 c 363 § 89; 1985 c 369 § 4;1963 c 4 § 36.87.020. Prior: 1937 c 187 § 49, part; RRS § 6450-49, part.] NOTES: Purpose --Captions not law -1991 c 363. See notes following RCW 2.32.180. 36.87.030 County road frontage owners' petition—Action on petition. On the fling of the petition and bond and on being satisfied that the petition has been signed by petitioners residing in the vicinity of the county road or portion thereof, the board shall direct the county road engineer to report upon such vacation and abandonment. [ 4953 c 4 § 36.87.030. Prior: 1937 c 187 § 49, part; RRS § 5450-49, part,] 36.87.040 Engineer's report. When directed by the board the county road engineer shall examine any county road or portion thereof proposed to be vacated and abandoned and report his or her opinion as to whether the county road should be vacated and abandoned, whether the same is in use or has been in use, the condition of the road, whether it will be advisable to preserve it for the county road system in the future, whether the public will be benefited by the vacation and abandonment, and all other facts, matters, and things which will be of importance to the board, and also file his or her cost bill. [ 2009 c 649 § 4135; 1963 c 4 # 36.87.040. Prior: 1937 c 187 150; RRS § 8450 50.] 36.87.050 Notice of hearing on report. Notice of hearing upon the report for vacation and abandonment of a county road shall be published at least once a week for two consecutive weeks preceding the date fixed for the hearing, in the county official newspaper and a copy of the notice shall be posted for at least twenty days preceding the date fixed for hearing at each termini of the county road or portion thereof proposed to be vacated or abandoned. [ 1963 c 4 § 36.87.060. Prior: 1937 c 187 § 51, part; RRS § 6450-51, part.] h4.//app.leg.wa.gov/RCW/default.aspx?cite=36.87&fullrtrue 4/11/2018 Chapter 36.87 RCW: ROADS AND BRIDGES—VACATION Page 3 of 5 36.87.060 Hearing. (1) On the day fixed for the hearing, the county legislative authority shall proceed to consider the report of the engineer, together with any evidence for or objection against such vacation and abandonment. If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public Will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. Its decision shall be entered in the minutes of the hearing. (2) As an alternative, the county legislative authority may appoint a hearing officer to conduct a public hearing to consider the report of the engineer and to take testimony and evidence relating to the proposed vacation. Following the hearing, the hearing officer shall prepare a record of the proceedings and a recommendation to the county legislative authority concerning the proposed vacation. Their decision shall be made at a regular or special public meeting of the county legislative authority. [ 1985 c 369 $ 6; 1963 c 4 § 36.87.060. Prior: 1937 c 187 § 51, part; RRS § 6450-51, part.] 36.87.070 Expense of proceeding. If the county legislative authority has required tits petitioners to make a cash deposit or furnish a bond, upon completion of the hearing, it shall certify all costs and expenses incurred in the prooesdings to the county treasurer and, regardless of its trial decision, the county legislative authority shall recover all such costs and expenses from the bond or cash deposit and release any balance to the petitioners. [ 1985 c 369 § 6; 1963 c 4 § 36.87.070. Prior: 1937 c 187 § 51, part: RRS § 6450-51, part.] 36.87.080 Majority vote required. No county road shall be vacated and abandoned except by majority vote of the board properly entered, or by operation of law, or judgment of a court of competent jurisdiction. [ 1969 ex.s. c 188; 2; 1963 c 4 § 36.87.080. Prior: 1937 c 187 § 51, part; RRS § 8450-51, part.] http://app.leg.wa.gov/RCW/default.aspx?cite=36.87&full=true 4/11/2018 Chapter 36.87 RCW: ROADS AND BRIDGES -VACATION Page 4 of 5 36.87.099 Vacation of road unopened for five years—Exceptions. Any county road, or part thereof, which remains unopen for public use for a period of five years after the order is made or authority granted for opening it, shall be thereby vacated, and the authority for building it barred by lapse of time: PROVIDED, That this section shall not apply to any highway, road, sbvet, alley, or oVwr public place dedicated as such In any plat, whether the land included in such plat is within or without the limits of an Incorporated city or town, or to any land conveyed by deed to the state orto any county, city or town for highways, roads, streets, alleys, or other public places. [ 1963 c 4 136.87.090. Prior: 1837 c 187 $ 62; RRS § 6450-52.1 36.87.100 Classification of roads for which public expenditures made—Compensation of county. Any board of county commissioners may, by ordinance, classify all county roads for which public expenditures were made in the acquisition, improvement or maintenance of the same, according to the type and amount of expenditures made and the nature of the county's property interest in the road; and may require persons benefiting from the vacation of county roads within some or all of the said classes to compensate the county as a condition precedent to the vacation thereof. [ 1969 exs. c 186 # 4.1 36.87.110 Classification of roads for which no public expenditures made—Compensation of county. Any board of county commissioners may, by ordinance, separately classify county roads for which no public expenditures have been made in the acquisition, improvement or maintenance of the same, according to the nature of the oounty's property Interest in the road; and may require persons benefiting from the vacation of county roads within some or all of the said classes to compensate the county as a condition precedent to the vacation thereof. [ 1968 ex.s. c 185 $ 5.1 36.87.120 Appraised value as basis for compensation—Appraisal costs. Any ordinance adopted pursuant to this chapter may require that compensation for the vacation of county roads within particular classes shall equal all or a percentage of the http://app.leg.w&gov/RCW/defaulLaspx?citc=36.87&full--tme 4111/2018 Chapter 35.87 RCW: ROADS AND BRIDGES --VACATION Page 5 of 5 appraised value of the vacated road as of the effective date of the vacation. In determining the appropriate compensation for the road or right-of-way, the board may adjust the appraised value to reflect the value of the transfer of liability or risk, the increased value to the public in property taxes, the avoided costs for management or maintenance, and any limits on development or future public benefit. Costs of county appraisals of roads pursuant to such ordinances shall be deemed expenses incurred in vacation proceedings, and shall be paid in the manner provided by RCW 36.87.070. [2016c19§2; 1969ex.s.c185§6.1 NOTES: Intent -2016 c 19: 'The intent of the legislature is to update outdated local road statutes to provide taxpayers with lower road maintenance costs and greater road efficiencies." [ 2016 c 19 § 1.] 36.87.'130 Vacation of roads abutting bodies of water prohibited unless for public purposes or industrial use. No county shall vacate a county road or part thereof which abuts on a body of salt or freshwater unless the purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes, or unless the property is zoned for industrial uses. [ 1969 ex.s. c 185 17.1 36.87.140 Retention of easement for public utilities and services. Whenever a county road or any portion thereof is vacated the legislative body may include in the resolution authorizing the vacation a provision that the county retain an easement in respect to the vacated land for the construction, repair, and maintenance of public utilities and services which at the time the resolution is adopted are authorized or are physically located on a portion of the land being vacated: PROVIDED, That the legislative body shall not convey such easement to any public utility or other entity or person but may convey a permit or franchise to a public utility to effectuate the intent of this section. The term "public utility" as used in this section shall include utilities owned, operated, or maintained by every gas company, electrical company, telephone company, telegraph company, and water company whether or not such company is privately owned or owned by a governmental entity. 11976 c 22 § 1.] http://app.log.wa.gov/RCW/defaultaspx?citc=35.87&full=true 4/11/2018 EXHIBIT 6: HYAK SNOW REMOVAL COST SUMMARY (1997 — 2017) Page 8 of 8 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT nrn L7 �rlluowlJ..ftllilltl L2 L4 L5 iw WY bliil—wl Y[MIYTDLYs AW _ sow 1378 154 $ 67,.E AM10 61086 4814 080 70 $ 57,781 201E 342M 2109 7143 we 39,112 501i 4W Moa W2$ 50,110 2010 50171 4861 1024 38 $ 56,B34 W12 85741 3068 488 ON$ 90.664 2011 68927 4179 160$ 58AS1 70th 3%702 2.766 686 647 $ 801784 20M 48,917 6,710 880 141 $ 86,06 7009 68,695 208 386 404 62=4 70W 46,667 SAM 573 737 ; $0,372 atm 60.W5 4.104 # 64,709 5106 27.676 721 300 $ 28,845 2W 16886 1.047 682 708 $ 18,863 21M 2;240 081 114 $79 $ 24,039 2907 36A39 2,= 606 $ 3B,104 3oa1 30,070 7.167 140 199 $ 33,883 :000 4%667 1.314 305 2178 $ 49,754 1099 4%MS 3,2210 483 047 $ 63,309 1014 4892 1.060 616 $ 43,477 1.194 42,264 271 4.671 $ 37168 win i 80.864 i 10,702 is iS,A07 j 1 873 nxmxrucmmirrwry,r O�/+rM9fdfletlMlLUNu �nnmxrxmawna�nrnun��w'ueioivurwr KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMIVIISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: May 14, 2018 TOPIC: Council of Governments Public Facilities Application Process ACTION REQUESTED: Adopt COG Policies LEAD STAFF: Mark R. Cook RECOMMENDATION: Adopt COG polices. BRIEFING SUMMARY: For months staff has worked with the Council of Governments revising the Public Facilities Grant Application Process Numerous changes have been made to the application process at the request of COG • The 2019 application process is set to begin shortly • COG desires using the new application process for the 2019 grant round BACKGROUND: For the past several months, Public Works (PW) staff has worked with COG members developing policies designed to clarify grant applications and overall management of grant awards and fund reserves. Numerous policies have been developed and reviewed by COG for Board of County Commission (BOCC) evaluation. Policies and supporting documents are now ready for BOCC consideration. DISCUSSION: The COG desires changing grant match from 13.5% to 10.0%. Numerous ranking criteria are changes to eliminate ambiguity and/or add clarity in the scoring process. Supporting forms are also simplified for recipient reporting. A single annual fund reserve is suggested for PW administration ($250,000). The entire list of COG policies are attached as FJMBIT 1 (referenced documents arc contained within each policy). FISCAL IMPACTS: Grant match is now defined to be "cash" only. A single fund reserve is now set at $250,000 —pending BOCC approval. ATTACHMENTS: Exhibit 1: 2018 Proposed COG Policies Page 1 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS' WORK SESSION STAFF REPORT EXIEBIT 1; 2018 PROPOSED COG POLICIES Page 2 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Public Facilities Master List of Policies 05-09-2018 2018-01 Project Award Process 2018-02 Project Review and Award Timelines 2018-03 Public Facility Grant Application Forms 2018-04 Public Facility Grant Matching Requirements 2018-05 Project Fund Banking 2018-06 Repurposed Funding 2018-07 Financial Reporting Requirements 201808 Annual Fund Reserves and Allocation 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 Kittitas County Department of Public Works (DPW). The BOCC submits project forms along with all other COG members. Prospective projects are submitted to the COG and reviewed by COG members. 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 Kittitas County Department of Public Works compiles 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* of the following year. Recipients may "spend ahead" on an awarded project at their own expense prior to January 1st. Reimbursement for "spending ahead" may be submitted on or after January 1st of the award year. Recipients may 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. RELATED POLICIES: P 20'18-02 tF 2018-03 a 2018-04 2018-05 • 2018-06 a 2018-07 • 2018-08 ADOPTION DATE: REVISION DATE: APPROVALS: Project Review and Award Timelines Public Facility Grant Application Forms Public Facility Grant Matching Requirements Project Fund Banking Repurposed Funding Financial Reporting Requirements Annual Fund Reserves and Allocation Commission District 1 Commission District 2 Commission District 3 Conference of Government Chair KITTITAS COUNTY CONFERENCE OF GOVERNMENTS PUBLIC FACILITIES FUND POLICY NUMBER: 2018-02 POLICY TITLE: Project Review and Award Timelines NARRATIVE: Public Facility reimbursement grants are reviewed by the Conference of Governments (COG) for adherence to the following seven (7) criterion: 1. Project match (minimum of 10 percent is required) 2. Ability encouraging economic development 3. Project is consistent with local development plans 4. Degree to which the project meets public benefit 5. Demonstrated need for Board of County Commissioners (BOCC) funding (lack of other alternative funding) S. Construction ready 7. .fobs created or retained. The following weight is applied to each criterion as follows: 1: 10% match = 10 points 10.1 - 23.6% match = 12 points 23.6 - 33.5% match = 13 points 33.6 -- 38.5% match = 14 points Over 38.6% = 15 points 2: Encourages economic development. Yes or No (10 points) 3: Meets economic development plans Locally consistent = 5 points Approved in community comprehensive plan 5 points Identified in regional plan = 5 points 4: Public benefit derived Low = 5 points Medium = 10 points High =15 points 5: Project funding support Single partner = 4 points Two partners = 8 points Three or more partners = 12 points 6: Construction ready Permit in hand = 20 points Design complete = 10 points 7; Project Jobs created 0-3 jobs = 5 points 6 or more jobs = 10 points The maximum attainable score is 100 points in any combination of criterion. Once COG members complete project scoring sheets, the sheets are provided to the Kittitas County Department of Public Works (DPW) for compilation of results. DPW retums to the COG and presents scoring results. The COG then makes final adjustments to its funding proposal and directs DPW present the final COG funding plan to the BOCC. The general timeline for Public Facilities Fund project awards are as follows: 4 Call for projects — mid April • Deadline for project submittals — mid June • COG funding recommendation — early September • BOCC funding action — mid October • Funds available — January 1 RELATED POLICIES: • 2018-03 Public Facility Grant Application Forms • 2018-04 Public Facility Grant Matching Requirements * 2018-05 Project Fund Banking a 2018-08 Repurposed Funding • 2018-07 Financial Reporting Requirements ADOPTION DATE: REVISION DATE: APPROVALS: Commission District 1 Commission District 2 Commission District 3 Conference of Governments Chair KiTTITAS COUNTY CONFERENCE OF GOVERNMENTS PUBLIC FACILITIES FUND POLICY NUMBER: 2018-03 POLICY TITLE: Public Facility Grant Application Forms NARRATIVE: Kittitas County Department of Public Works provides Public Facility Grant Application forms for each grant applicant. The forms are standardized and are made available to grant applicants upon request (attached as Exhibit 1). Grant project financial reporting forms are also provided by Kittitas County and are provided at the time of grant contract execution (attached as Exhibit 2). A sample grant agreement is provided and is attached as Exhibit 3. Only the documents provided by Kittitas County Department of Public Works (Exhibits 1, 2 and 3) shall be used supporting grant awards. RELATED POLICIES: 2018-01 Project Award Process 2015-02 Project Review and Award Timelines 2018-07 Financial Reporting Requirements ADOPTION DATE: REVISION DATE: APPROVALS: Commission District i Commission District 2 Commission District 3 Conferenoe of Governments Chair EXHIBIT 1: GRANT APPLICATION FORMS Kittitas County Distressed County Sales and Use Tax Grant Application, Guidelines & Instructions Deadline: Return completed application by 5:00 )?M, Return To: Kittitas County Department of Public Works 411 North Ruby Street, Suite #1 Ellensburg, Washington 98926 The Kittitas County Public Facilities Fund solicits applications from various entities within the County. To assist applicants completing successful grant applications, the Council of Governments has created policies that are available to all applicants upon request. These policies reside within the Public Works Department (509) 962-7523. Section] — Sales and Use Tux Funds Currant Washington State law authorizes the legislative authority of a rural county to impose a sale and use tax in accordance with the terms of chapter 82, Revised Code of Washington (RCW). In Kittitas County, according to RCW 82.14.370, the rate of the tax shall not exceed .09 percent of the selling price in the use of a sales tax or the value of the article used in the case of a use tax. The tax imposed is deducted from the amount of tax otherwise required to be collected or paid over to the department of revenue under chapter 82.08 or 82.12 RCW. Kittitas County has authorized this tax and compiles the funds annually for distribution throughout the county to qualifying organizations in the form of reimbursable grants. Most applications are considered during an annual grant application process. In some cases, applications may be considered outside of the regularly -scheduled annual process. For consideration during the annual grant process, applications must be completed in full and submitted by the 5:00 PM due date on the application materials to the Department of Public Works. Incomplete and/or late applications will not be considered. Applications may not be changed or amended by the applicant after the deadline for submission. Permissible Uses According to Law Funds awarded as reimbursable grants under this process may be used for the following: 1. To finance public facilities serving economic development purposes. 2. To finance personnel in economic development offices. According to RCW 82.14.370, in order to qualify fbr financing the public facility must be listed as an item in the officially adopted county overall economic development plan, or the economic development section of the county's comprehensive plan, or the comprehensive plan of a city or town located within the county. "Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, and port facilities in the state of Washington. "Economic development purposes" means those purposes which facilitate the creation or retention of businesses and jobs in a county. "Economic development office" means an office of a county, port districts, or an associate development organization as defined in RCW 43.330.010 which promotes economic development purposes within the county. Funds Availability All fiords awarded under this program will be available in the form of reimbursable grants. The funds will be available for reimbursement beginning January 1" of the calendar year following the award notification, unless otherwise allowed by the Kittitas County Board of Commissioners. The award process is defined in COO policy 2018-01. Fronds Availability All funds awarded under this program will be available in the form of reimbursable grants. The funds will be available for reimbursement beginning January I' of the calendar year following the award notification, unless otherwise allowed by the Kittitas County Board of Commissioners. Kittitas County recognizes that some projects may be large and complex, requiring multiple funding sources and years to complete. In that regard, awarded funds will remain available for reimbursement for a period of two years following the award notification. Any unexpended funds will be returned to the Distressed County ;sales and Usc Tax Grant Fund and made available for future applications. Formal requests for extension of the two-year deadline for reimbursement may be made in writing to the Kittitas County Board of Commissioners (BOCC). The BOCC has final say on all extension requests. All reimbursement requests must be submitted to the Kittitas County Department of Public Works for payment. Review Process The county is required to consult with all cities, towns, and port districts located within the county and the associate development organization serving the county to ensure that any expenditures of these funds meets the goals of chapter 130, Laws of 2004 and the requirements of RCW 82.14.370_ To comply with this requirement, the county will seek the assistance of the Council of Governments (COG). The COG is comprised of two representatives from each municipality within Kittitas County, including Roslyn, South Cle Elum, Cle Elum, Ellensburg, Kittitas, and Kittitas County. The Council of Governments (COG) will review all applications and score them based on the information provided by the applicant and the Project Rating Criteria as presented in the application. The COG will then make funding recommendations to the Kittitas County ROM The review and award process is defined in COG policy 2018-02. All applicants will be notified as to the date and time of review of their application by the COG. All applicants will be given the opportunity to present their application to the COG and answer questions. The BOCC will consider recommendations for grant awards by the COG at a later date. The BOCC will make all grant awards. The decision of the BOCC is considered final. Section 2 —Application Instructions Grant applicants shall follow the instructions below in preparing their proposal. • Complete the supplied application forms using a computer. No hand written forms. • Do not use graphics or formatting embellishments beyond those within the application. • Answer each question and sub -question individually in each section. @ Leave in the question and directions. This way we will be sure of the question you are answering, and it will also facilitate easy review for the Council of Governments (COG). • Use single spaced 12 point Times New Roman or similar font. * Make certain you are answering the questions. For instance, if the question asks "how," please answer how, not whether or when. Please also Include the following: A detailed 8'1" x 11" vicinity map that clearly shows the project. - A signature from the localhegiomal economic development organization supporting the project. - Any other information pertinent to the application you would like the COG to consider. Applications are due by 5:00 PM, June at the Kittitas County Department of Public Works Office. You will be notified that your application has been received and accepted by the COG. Kittitas County Department of Public Works Distressed County Sales and Use Tax Grant Fund 411 North Ruby Street, Suite 1 Ellensburg, WA 98926 PIease submit 1 original and 12 copies of the entire application (13 total). Note: Incomplete applications will be rejected. Question Instructions Applicant Information (gage 1 of the application): Please fill in all areas completely. The applicant is the agency requesting funding. The contact name will be considered the leader of the project for the applicant agency. The contact should also be the individual who will present the project and will be available for questions from the COG. Applicant Thresholds (page X of the application): Your project must meet each of these requirements to be considered. Please check each box and include the necessary documentation with your application. If your project floes not meet all ofthe listed requirements and/or your application does not include the necessary documentation to support your claims, it will not be considered for funding. Prroiect Rudget (pace 2 of the application): The top line (Distressed County Funds Requested) is to list how much funding you are asking the COG to consider awarding your project. The columns to the right then ask you to include the specific breakdown as to how and in what phase or phases (if a construction project) the money will be utilized. please be as accurate as possible. The following lines and columns are for other funding sources you have secured or for which you have applied. Again, please be as accurate as possible and fill in the final column for each signifying the status of the funding source (whether or not the funding has been secured). The "Project Total" line is for the total cost of the project the application represents. The sum of all the funding sources lines should accurately add to the figure listed here. Additionally, please also accurately include the breakdown for phases listed to the right, again making sure the sums ofthe previous columns are equal to the amount placed on each line. Distressed County nad Matching, Ratio (gage 2 of the application): This line is to show what percentage ofthe total project budget the applicant is providing in local funding. For insU=e, if the total project budget is $100,000 and the application is for $50,000 with combined other funding sources of another $50,000 and the local funding source component is $20,000, the Ratio would be 20°x. A simple equation to answer this question from the Project Budget is: (Local Government f Other (if a local funding source)) / Project Total - Dishressed County Fund Matching Ratio (converted to a percentage) Project Narrative (starts on nage 3 of the application): Please answer each question and sub -question completely. Incomplete applications will not be considered for funding. You may attach additional information necessary to answer the questions as needed. Special Instructions: Please review the following instructions as listed below for specific questions in the Project Narrative. Question G: Please attach the pertinent sections of the agency's plans as listed with which the application is consistent. Question 9: Please attach a copy of any feasibility or predevelopment studies. Question 11: You trust include the key assumptions (if any) and their justifications, methodology, and calculations upon which your businesses created/retained estimate is based. Simply providing a number or approximate number will not be considered a complete answer and will result in your application being rejected from consideration. Question 12: You must include the key assumptions (if any) and their justifications, methodology, and calculations upon which your jobs created/retained estimate is based. Simply providing a number or approximate number will not be considered a complete answer and will result in your application being rejected from consideration. Potential Example Answer for Question 12: We have completed a survey of local contractors likely to bid on a project such as this. Our results (data provided as attachment) show that due to current economic condtttons, a greater supply for building services necessary for this project exists in the local market than demandfor those services. As a result, most of those surveyed indicate lower levels of employment than in the past, including reducing workforce levels up to 50% and/or intermittent work with extended periods of temporary layoffs due to lack of work A project this size, according to our estimates (data provided as attachment) will require (; j skilled construction laborers for approximately (X period of time), (X) subcontractors employing (X) laborers for approximately (Xperiod of time), and well as )p support staff (aaministratrve, clerical, management) for (Xperiod time). The agency will also be employing a halftime project manager to oversee the project. Most studies (two examples attached) believe that Washington State's building industry is only beginning to recover and may never reach employment levels previously seen. Keeping that in mind and being conservative while taking into account the current economic environment of Upper Kittitas County and especially the depressed construction industry, we estimate at least (x) jobs will be retained for at least (Xj months (the term of the construction phase of the project). In addition, as the agency does not currently employ a qual ied project manager, at least one part-time professional, job will be created for the same period This, of course does not consider any impact to other local suppliers and supporting businesses which will certainly provide services for this project as well as those who are directly employed as a result of the project. Kittitas County Department of Public Works DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM APPLICATION The Distressed County Sales and Use Tax Infrastructure improvement Program supports Improvements to Infrastructure systems that footer economic development In Ki#titas County. The goal is to create economic opportunity through Infrastructure investment. APPLICANT INFORMATION Applicant: Contact Name: Address: Address: City: WA zip: Telephone: FAX: E-mail Address: Project Location: Project Title: Jurisdiction Population: APPLICATION THRESHOLDS Applicant Requirement: Check -off: 0 1. The project Is Improvemertto an infrastructure system(n) linked to economic development. ❑ 2 A detailed 8 % X 11" vicinity map that clearly shows the project is Included in the application package. ❑ 3. Distressed County funds are not being substituted for other funds that are already secured. ❑ 4. The project Involves traditional improvements, instead of "non-traditional' Improvements eligible for "Enhancements funding ❑ & Applicant has submitted only one application this round. ❑ S. The locallregioral economic development organization has been informed of the project. 6 PROJECT BUDGET Funding Sources Distressed County Funds Requested: $ Other Federal: $ State:$ Local Government$ Private:$ *Other.$ Project Total. Distressed County Fund Matching natio: •Please explain other type of Fundinrr _ Preliminary Right of Way Constmulion Protect Is Funding C P Engineering Phase Phase Total Secured—Y Phase or H? $ 5 $ $ $ $ $ $ $ $ $ $ s $ $ s s $ X Ifo 'K 7G 7 I J ` 0 Ilii alf�;�; s MI 1. Project Description: Describe the scope of work. Indicate the majorwork involved, including a brief comparison of existing and proposed conditions. 3. Explain the specific infrastructure Issues the project addresses and how they are linked to economic development improvements. 3. Preliminary Engineering Phase: Estimated Start Date: . Estimated End Date: Please explain phase status (work already completed, In progress, awaiting funding, etc., and factors that may slow phase progrsssl 4. Right of Way Phase: Is It Required? Yes No Estimated Start Date: Estimated End Date: Please explain phase status (work already completed, in progress, awaiting funding, etc., and factors that may slow phase progress). 5. Construction Phase: Estimated Start Date: Estimated End Date: Please explain phase status (worst already completed, in progress, awaiting funding, etc., and factors that may slow phase progress). 6. Indicate if the project Is consistent with the following applicable state, regional and local plans and prioritization processes: ❑ Overall Economic Development Plan - Officially Adopted_ ❑ Comprehensive Land Liza Plan - Officially Adopted ❑ Capital Facility Plan -- Officially Adopted ❑ Community Action Plan (or other community-based plan) - Officially Adopted ❑ Six -Year Transportation Improvement Plan - Officially Adopted © Site-specific development plans; e.g., Community Master Plan - Officially Adopted ❑ Other 7. Explain how this Infrastructure project has been coordinated, or will be coordinated with other jurisdictions, such as counties, cities, stats/federal agencies, and with %economic development organizations during planning, design, financing, construction and/or operation phams. S. Explain how the infrastructure project will help mest,the economic development goals of your community andlor region. If this project is not done, will the anticipated private development still take place? 9. Describe any feasibility or prod evelopment studies that demonstrate the linkage between the proposed Distressed County Infrastructure improvements and the anticipated economic outcomes. 10. indicate if other needed infrastructure (e g., sewer, water, power) Is in place or If there Is a plan for getting It in place. 11. Indicate the Estimated Number of Businesses Created/Retained by the Project. 12. Indicated the Estimated Number of Jobs Createdliketalned by the Project. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, WA 98926 10 Applicant Certification Certification is hereby given that the information provided Is accurate and the applicable attachments are complete and Included as part cf the application package. I certify that application thresholds are met at the time of application. Signature of Official Representative Sponsoring Agency (if Applicable) Signature of Agency Representative Date Date Typed or Printed Name pate Associate Economic Development Organization Notification The organization listed below has received notification of this prof ect as demonstrated by the signature of the organization's representative. Name of Organization Signature of Representative Date Kittitas County Department of Public Works Conceptual Approval Approval of the project feasibility, scope and estimated costa, Signature of Klttitas County DPW Representative Typed or Printed Name Date 11 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS DISTRESSED COUNTY INFRASTRUCTURE IMPROVEMENT PROGRAM APPLICATION DUE DATES FY 20 Distressed County Infrastructure improvement Program, applications are Initially due to Kittitas County Department of Public Works for conceptual approval of the infrastructure project. Distressed County Infrastructure Improvement Program applicants are invited to appear at the COG meeting when the project's criterion is reviewed. APPLICATIONS DUE 20 ligation Due Date COG MEETING DATES COG Meetings June ..........................................July zQ COG SPECIAL MEETING "Funding available January 1, 20 12 Kittitas County Distressed County Sales and Use Tag Grant Application, Guidelines & Instructions for Economic Development Office Personnel Deadline: Return completed application by 5:00 PN% June Return To: Kittitas County Department of Public Works 411 North Ruby Street, Suite #1 Ellensburg, Washington 98926 The Kittitas County Public Facilities Fund solicits applications from various entities within the County. To assist applicants completing successful grant applications, the Council of Governments has created policies that are available to all applicants upon request. These policies reside within the Public Works Department (509) 962-7523. Section I —Sales and Use Tax Funds Current Washington State law authorizes the legislative authority of a rural county to impose a sales and use tax in accordance with the terms of chapter 82, Revised Code of Washington (RCW). in Kittitas County, according to RCW 82.14.370, the rate of the tax shall not exceed .09 percent of the selling price in the case of a sales tax or the value of the article used in the case of a use tax. The tax imposed is deducted from the amount of tax otherwise required to be collected or paid over to the department of revenue under chapter 82.08 or 82.12 RCW. Kittitas County has authorized this tax and compiles the funds annually for distribution throughout the county to qualifying organizations in the form of reimbursable grants. Most applications are considered during an annual grant application process. In some cases, applications may be considered outside of the regularly -scheduled annual process. For consideration during the annual grant process, applications must be completed in full and submitted by the 5:00 PM due date on the application materials to the Department of Public Works. Incomplete and/or late applications will not be considered. Applications may not be changed or amended by the applicant after the deadline for submission. Permissible Uses According to Law Funds awarded as reimbursable grants under this process may be used for the following: 1. To finance public facilities serving economic development purposes. 2. To finance personnel in economic development offices. According to RCW 82.14.370, in order to qualify for financing the public facility must be listed as an item in the officially adapted county overall economic development plan, or the economic development section of the county's comprehensive plan, or the comprehensive plan of a city or town Iocated within the county. "Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, and port facilities in the state of Washington. "Economic development purposes" means those purposes which facilitate the creation or retention of businesses and jobs in a county. "Economic development office" means an office of county, port districts, or an associate development organization as defined in RCW 43.330.010 which promotes economic development purposes within the county, Funds Availability All funds awarded under this program will be available in the form of reimbursable grants. The funds will be available for reimbursement beginning January 1'4 of the calendar year following the award notification, unless otherwise allowed by the Kittitas County Board of Commissioners. Kittitas County recognizes that some projects may be large and complex, requiring multiple funding sources and years to complete. In that regard, awarded funds will remain available for reimbursement for a period of two years following the award notification. Any unexpended funds will be returned to the Distressed County Sales and Use Tax Grant Fund and made available for future applications. Formal requests for extension of the two-year deadline for reimbursement may be made in writing to the Kittitas County Board of Commissioners (BOCC). The BOCC has final say on all extension requests. All reimbursement requests must be submitted to the Kittitas County Department of Public Works for payment. 2 Review Process The county is required to consult with all cities, towns, and port districts located within the county and the associate development organization serving the county to ensure that any expenditures of these funds meets the goals of chapter 130, Laws of 2004 and the requirements of RCW 82.14.370. To comply with this requirement, the county will seek the assistance of the Council of Governments (COG). The COG is comprised of two representatives from each municipality within Kittitas County, including Roslyn, South Cle Blum, Cle Elum, Ellensburg, Kittitas, and Kittitas County. The Council of Governments (COG) will review all applications and scare them based on the information provided by the applicant and the Project Rating Criteria as presented in the application. The COG will then make funding recommendations to the Kittitas County BOCC. The review and award process is defined in COG policy 2018-02. All applicants will be notified as to the date and time of review of their application by the COG. All applicants will be given the opportunity to present their application to the COG and answer questions. The BOCC will consider recommendations for grant awards by the COG at a later date. The BOCC will make all grant awards. The decision of the BOCC is considered final. Section 2 --Application Instruetiom Grant applicants shall follow the instructions below in preparing their proposal. Complete the supplied application forms using a computer. No hand written forms. Do not use graphics or formatting embellishments beyond those within the application. Answer each question and sub -question individually in each section. Leave in the question and directions. This way we will be sure of the question you are answering, and it will also facilitate easy review for the Council of Governments (COG). Use single spaced 12 point Times New Roman or similar font. • Make certain you are answering the questions. For instance, if the question asks "how," please answer how, not whether or when. Please also include the following: A detailed 8 V x 11" vicinity map that clearly shows the project. A signature from the local/regional economic development organization supporting the project. Any other information pertinent to the application you would like the COG to consider. Applications are due by 5:00 PM, June 15, 2016, at the Kittitas County Department of Public Works Office. You will be notified that your application has been received and accepted by the COG. Kittitas County Department of Public Works Distressed County Sales and Use Tax Grant Fund 411 North Ruby Street, Suite 1 Ellensburg, SVA 98926 Please submit 1 original and 12 copies of the entire application (13 total). Note: Incomplete applications will be rejected. Question Instrudlons A_pplieant Information (page 1 of the application): Please fill in all areas completely. The applicant is the agency requesting funding. The contact name will be considered the leader ofthe project for the applicant agency. The contact should also be the individual who will present the project and will be available for questions from the COG. Applicant Thresholds (page 1 of the apnlicatian): Your project must meet each of these requirements to be considered. Please check each box and include the necessary documentation with your application. If your project does not meet all of the listed requirements and/or your application does not include the necessary documentation to support your claims„ it will not be considered for funding. Prosect Bud et 0affe 2 of the -application): The top line (Distressed County Funds Requested) is to list how much funding you are asking the COG to consider awarding your project. The following Iines and are for other funding sources you have secured or for which you have applied. Again, please be as accurate as possible and fill in the final column for each signifying the status of the funding source (whether or not the funding has been secured). Make sure to include documentation that funds have been applied for and/or awarded (grant applications, award letters, legislative resolutions, etc.). The "Project Total" line is for the total cost of the project the application represents. The sum of all the funding sources lines should accurately add to the figure listed here. Distressed Counly Fund Matching Ratio (Page 2 of thea lication : This line is to show what percentage of the total project budget the applicant is providing in local funding. For instance, if the total project budget is $100,000 and the application is for $50,000 with combined other funding sources of another $50,000 and the local funding source component is $20,000, the Ratio would be 20%. A simple equation to answer this question from the Project Budget is: (Local Government + Other (if a local funding source)) / Project Total = Distressed County Fund Matching Ratio (converted to a percentage) Project 1YarraUve (starts on Rage ,3,of the application): Please answer each question and sub - question completely. Incomplete applications will not be considered for funding. You may attach additional information necessary to answer the questions as needed. Kittitas County Department of Public Works DISTRESSED COUNTY SALES AND USE TAX APPLICATION FOR ECONOMIC DEVELOPMENT OFFICE PERSONNEL The Distressed County Sales and Use Tax supports Improvements to Infrastructure systems that foster economic development In Kittitas County as well as providing funding for personnel In economic development offices. The goal Is to create economlc opportunity through local investment. APPLICANT INFORMATION Applicant: Contact Name: Address: Address: City: WA Zip: .. Telephone: FAX: E-mail Address: Office Location: Funds Request: APPLICATION THRESHOLDS Jurisdiction population: Applicant Requirement: Check -off: ❑ 1. The request into provide funding for personnel In an economic development office In Kittitas County. ❑ 2. Distressed County funds are not being substituted for other funds that are already secured. 0 3. Applicant has submitted only one application this round. ❑ 4. The localtreglonal economic development organization has been Informed of this request. 5 Proposed Budget: Funding Sources Distressed County Funds Request: *Other Funding Sources: Federal (list sources): State (list sources): Local Government (list sources): Other (list sources): Project Total: **Distressed County Fund Matching Ratio; Amounts Funding Secured? yes / no yes / no yes / no yes /.no yes / no Wote: You must include documentation for all other funding sources listed (i.e. grant requests, award letter notifications, legislative resolutions, etc.). **Note: Your Distressed County Fund matching ratio must beat least or greater than 13.5% in order to quay for funding consideration. The COG will not consider any requests which do not provide at least 13.5% matching funds from a local source. PROJECT NARRATIVE 1. Request Description: please describe the work this position will perform. Include a Job description and any other pertinent information, 2. Is this anew position for your organization? If so, please describe why this position is needed. If not, why is It a necessary for this fund to continue to support this position? 3. Will your organization be capable of supporting this position in the future without support from this fund? Please describe your pian and include target dates for Implementation and completion. If no plan is currently in place andfor no plans are being made, please explain why. 4. Will this position serve the needs and/or interests of multiple Jurisdictions and/or organizations? Please explain In detail. 5. What goals and deliverables have you set for this position? How will you measure success? s. Indicate if the proposed position is consistent with the following applicable state, regional and local plans and priorities for economic development Please Include the pertinent sections of the respective plan(s) as Justification. Please explain in detail how this position Is compatible with the plen(s): ❑ Overall Economic Development Plan -Officially Adapted ❑ Community Action Plan (or other community-based plan) - Officially Adopted ❑ Other 7. How will this position most the economic development goals of the Cou my and region? Describe any research your organization has conducted which shows the need for this pos. ition. Please include the data upon which your claims are based for our review. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, WA 98926 Applicant Certification Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package, I certify that application thresholds are met at the time of application. Signature of MOM Representative Date Sponsoring Agency (If Applicable) Signature of Agency Representative Typed or Printed Name Date Date Associate Economic Development Organization Notification The organization listed below has received not9fication of this application as demonstrated by the signature of the organization's representative. Name of Organization Signature of Representative Date Kittitas County Department of Public Works Receipt of Application Signature of Kialtas County DPW Representative Typed or Printed Name 10 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS DISTRESSED COUNTY INFRASTRUCTURE IMPROVEMENT PROGRAM APPLICATION DUE DATES FY 2098 Distressed County Sales and Use Tax Application for Economic Development Office Personnel: Applicants are invited to appear at the COG meeting when the project's criteria is reviewed. APPLICATIONS DUE. 2018 ApDIIcation due Date COG MEETING DATES COG Meetings June 15, 2017.......................................July 2017 COG SPECIAL MEETING "Funding available January 1, 2018 11 EXHIBIT 2: FINANCIAL REPORTING FORMS PROJECT STATUS REPORT FORM KITTITAS COUNTY/COUNCIL OF GOVERNMENTS PUBLIC FACILITY FUND GRANT QUARTERLY REPORT GRANT RLCIPIENT: ID ER: PROJECT NAME: REPORT SUBMITTAL DATE: GRANT AWARD DATE: INTML PROJECT COMPLETI N DATE: REPORT QUARTER (1, 2.3 OR 4 Chose ane): ACTPMIES COMPLETED THIS OUARTER: MILESTONE ACTIVITIES REMAINING (Key projedelements Ie8 to com lets ESTIMATED PROJECT COMPLETION DATE (Please note any changes from,previous quarte ft reaarts): SUBMITTED BY: (Authorized Representative) 411 N. Ruby St Sub #1 TEL (509) 952-7523 Ellensburg. WA 989M FAX (509) 9827883 BDUgR1- MONTHLY PAT REGI" WTITAS COLNM DEPAW MENTOF PUBLIMORKS TO WN 962-75M 4u No. Ruby Street,6bllo ML EErnsburg, WA H926 Fart (SM 962 -HE H.,%20311 Pubic"fflaeVbrnwXCopmrofNoding Raquestlbrpayn em7W&b PAGE 1 PURK FAC1LfTIE5 FUNDING REQUEST FOR PAYMENT 111184mWYAprur plafed Name: aYifhfdP Parbd Covered Fad" M Nan conum %Pim o P FMnWP Tag No COST DE KS"ON I NFW fur PaPnraoe mutt be ausnopanled by Irtvolcec oples. A 6 A+■ ftanpP TM Period gap— Preafeudy Reported Cepwdn Tb Data (1UDI51 C Re tubed Matching Funds f10P� A+R -C 1wrobraaahlo 19DSP1 golooWend eurefet a SOPNOK tr Swlar l► Oraram e Other d TOM {nbvI Total Expense this period Toth prior pedw Eaperm Total Orpwua to Data Total Mabirto date Tool gelrnbursabk &Pante gITSST*DDUNlwum may AWARE I�rallrgOU6 PATROW G U211SPOVIMPAYMINT11 ttDYIAlIIFIiTUFAL PATMENf REQUE6TTHISPEIt1� Icart* that the ouskashown onftvoudreraetrue and wrMC%tbaamouMdoinadtodon and payable from the KttldepauntwPublic FaglRkeFund urdera kebk Pd haws. nrMt,regu'rmrreand Proceduratmdtlm has been in mad to or payment node forth& amountforwlddn is dalmad horeft dolm does rot emoeed the appmved allocation farthja and l am Mharited tuillp far eleansm. a I a: Data 111TITA6 COUHWUSE (t Vi Rampretfor Payment Cheemu By =P.Y— H.,%20311 Pubic"fflaeVbrnwXCopmrofNoding Raquestlbrpayn em7W&b PAGE 1 EXHIBIT 3: SAMPLE CONTRACT 20` DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITY OF CLE ELUM This Contract, dated , 20 is made and entered into by and between KITTITAS COUNTY {"County"), a subdivision of the State of Washington, and ("Funding Recipient°). WHEREAS, the purpose of this Agreement is to provide for public facility construction and foster economic development opportunities within Klttbs County; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Funding Recipient mutually agree as follows: Section 1. Scope Work. a. Funding Recipient shall provide the services and staff described in its Application far Funds submitted to the Council of Governments, attached hereto as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as otherwise specifically provided in this Agreement, Funding Recipient shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items fumished or required to be furnished, together with all other obligations performed, or required to be perfomrred, by Funding Reclplent under this Agreement are collectively referred to herein as "Services." Section 2. Payment. a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agneas to pay Funding Recipient the sum of b. Additional payment terms: The County will make payment to the Funding Recipient only on a reimbursement basis, as receipts for any items including marketing andlor advertising are submitted to the County_ c. Requests for reimbursements must be submitted to: Kft tas Public Works Finance Manager 411 North Ruby, — Suite 1 Ellensburg, WA 98920 d. Reporting requirements of your events will be required on prescribed forms from the Kittitas Public Works Department. Dlsbvssed County Sales and Use Tax Infrastructure Improvement "ram Funding Apse art x Section 3. Performance by Fundino Recipient. a. Funding Recipient shall not (by contract operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Funding Recipient shall at all times be an independent Funding Recipient and not an agent or representative of the County with regard to performing the Services, Funding Recipient shall not represent that It is, or hold itself out as, an agent or representative of the County. In no event shall Funding Recipient be authorbed to enter into any Agreement or undertaking for or on behalf of the County. It is understood that the Funding Recipient and the Funding Recipient's staff and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees of the County. c. Funding Recipient shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be Imposed upon the County and applicable to Services). Funding Recipient shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Funding Recipient agrees to obtain all required licenses and permits, and further agrees to keep there in full force and effect during the term of this Agreement. d. The County and the Funding Recipient agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. e. The Services shaft at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Funding Recipient of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non -complying performance, or the substantiality or ease of discovering the same. Funding Recipient shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. f. This contract is subject to review by any Federal or State auditor. Funding Recipient shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Funding Recipient shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Funding Recipient shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Funding Recipients books, documents, papers and records related to the Services or this Agreement. OMmssed County Sales and Use Tax InfranwcWre Improvement Program Funding Agreement Page 2 g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of emery nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the Internal Revenue Service at the and of the calendar year in axord with the applicable IRS regulations. Section 4. Release Indemiritty. and Hold The County assumes no liability far the Funding Recipient's actions under this Agreement. Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: • Any fault, negligence, strict liability or product liability of Funding Recipient in connection with the Services for this Agreement; + Any lien asserted upon any property of the County in connection with the Services for this Agreement; • Any failure of Funding Recipient, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter In effect, of any governmental authority; or • Any breach of or default under this Agreement by Funding Recipient. Section 5. Compliance with Public Records . a. in compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Funding Recipient pursuant to Washington's public records act, chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. c. The County specifically shall not be liable to Funding Recipient for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Dlstresaed County Soles and use Tax Inftaastructurae Improvement Program FiundJng Ag eat Plage 3 Section S. industrial insurance Waiver. With respect to performance of this Agreement arca as to any claims against the County, its Additional Insureds, officers, agents and employees, the Funding Recipient expressly waives Its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Funding Recipient. This waiver Is mutually negotiated by the parties to this Agreement Section 7. Insurance and Endorsements. a. The County may require through a request in writing that the Funding Recipient provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Funding Recipient, its employees, agents and repraesentatfves, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance Is by Funding Recipient or any of Its employees, agents or representatives. c. Should the County require such liability insurance, the Funding Recipient agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Funding Recipient shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional Insured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any Insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be Excess and not contributory to any other insurance maintained by the County. Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Tennination. The County may, by written notice thereof to Funding Recipient, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Funding Recipient is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. In the event the County terminates the Funding Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Funding Recipient, if any, as of the date of the notice of termination. Distressed County Sales and Use Tax h frastructure improvement Program Funding Agreeigent 4 Section B. Miscellaneous. a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Funding Recipient, and supersedes any and all prior oral or written oommunications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittltss County Commissioners and the l4itt u County Pubic Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page. Notice may be g[ven by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail, retum receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Funding Recipient warrants to the County that the individual signing on Funding Recipient's behalf has the requisite power and authority to enter into and to perform Funding Recipient's obligations under this Agreement. Funding Recipient 'further warrants to the County that Funding Recipient has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Funding Recipient's ability to perform Its obligations under this Agreement. g. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be In Klitltas County, State of Washington. D tressed County Sales and Use Tax ostructure improvement Program Funding Agree ane 3 fi KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS FUNDING RECIPIENT Chair Vice- Chair Commissioner ATTEST: Cleric of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney Representative Address Telephone Distressed County Sales and Use Tax lgftstructure Improvement Program Funding Agreement Page 6 KITTITAS COUNTY CONFERENCE OF GOVERNMENTS PUBLIC FACILITIES FUND POLICY NUMBER: 2018-04 POLICY TITLE: Public Facility Grant Matching Requirements NARRATIVE: The Kitkitas County Conference of Governments determines that it is in the best interest of all Public Facility grant applicants to understand grant matching requirements pursuant to the Public Facility Fund. Allowable grant matching funds are defined to be: cash. No "in kind" credit for applicant project support services is allowed. Cash may come from the following sources: Federal funds, State funds and Local funds. Local funds are: Municipal corporation funds or local organizational funds procured via donation. RELATED POLICIES: 2018-02 Project Review and Award Timelines 2018-05 Project Fund Banking 2018-07 Financial Reporting Requirements ADOPTION DATE: REVISION DATE: APPROVALS: Commission District 9 Commission District 2 Commission District 3 Conference of Governments Chair KITTITAS COUNTY CONFERENCE OF GOVERNMENTS PUBLIC FACILITIES FUND POLICY NUMBER: 2018-05 POLICY TITLE: Project f=und Banking NARRATIVE: The Conference of Governments (COG) recognizes that a competitive grant award process does not lend itself well to funding all applicant projects submitted in any given grant award cycle. The COG also recognizes that the funding request from a COG participant may be of significant value precluding any other awards in any given grant cycle. The COG recognizing annual funding constraints and the group's desire to fund as many requests as possible in any given grant cycle does hereby allow the award of project funding on an incremental basis. Incremental funding award may span two years of award subject to the following conditions: No project may bank funds beyond two consecutive grant cycles. Grant recipients may appeal to COG for consideration of project delays that could not have been reasonably foreseen by the project sponsor. The COG retains discretion on extending project funding beyond two years. 2. Matching funds are required for incremental fund award. 3. The project shall commence immediately upon award of the second funding cycle. 4. The project must be completed on December 316t, two calendar years from the end of the second funding year. Example: the second year of funding is awarded on ,July 11t, 2020. The completion date for the project must be on or before December 31't, 2022. 6. Grant applicants shall provide financial quarterly reports to Kittitas County Department of Public Works for all banked funding pursuant to Policy 2018-09. I;1:4t AI[-:lbi;&IIL • 2018-02 Project Review and Award Timelines 2018-04 Public Facility Grant Matching Requirements • 2016-08 Annual Fund Reserves and Allocation Page 11 of 2 ADOPTION DATE: REVISION DATE: APPROVALS: Commission District 'I Commission District 2 Commission District 3 Conference of Governments Chair Page 2 of 2 KITTITAS COUNTY CONFERENCE OF GOVERNMENTS PUBLIC FACILITIES FUND POLICY NUMBER: 2018-06 POLICY TITLE: Repurposed Funding NARRATIVE: The Conference of Govemments (COG) recognizes that grant recipients may generate project savings through judicial management of grant fending. The COG retains the authority to recommend repurposing of grant funding subject to Kitthas County Board of County Commission (BOCC) final approval. Any requested grant repurposing by a grant recipient shall be submitted using the approved Public Facilities Application form available from Kitfitas County Department of Public Works. The new application for repurposed funding will follow review procedures pursuant to Policy 2018-02; `Project Review and Award Timeline". Providing the COG approves of the recipient's request to repurpose grant funds, the BOCC shall decide to follow the recommendation of the COG or deny the request to repurpose funding. Providing the COG denies the repurposing request, no further action is taken. RELATED POLICIES: 201803 Public Facility Grant Application Forms 2018-07 Financial Reporting Requirements ADQPTION DATE: REVISION DATE: APPROVALS: Commission District 1 Commission District 2 Commission District 3 Conference of Government Chair KITTITAS COUNTY CONFERENCE OF GOVERNMENTS PUBLIC FACILITIES FUND POLICY NUMBER: 2018-07 POLICY TITLE: Financial Reporting Requirements NARRATIVE: Timely and accurate financial reporting is required for fund management by Kittitas County Department of Public Works. Financial reporting requirements for all grant awards are listed below. 1. Using Kittitas County Department of Public Works reporting forms, applicants will submit project status reporting forms (Exhibit 1) within 14 calendar days from the end of the reporting quarter as specified below: • Quarter 1 ending date: March 316t • Quarter 2 ending date: .lune 30th • Quarter 3 ending date: September 30th • Quarter 4 ending date: December 31*t Recipients may submit reimbursement requests on a monthly basis on Kittitas County Department of Public Works reporting forms (Exhibit 2). 2. Grant recipients who fail in meeting required reporting requirements are subject to having funding withheld on the fifteenth (15t) day following the end of the reporting quarter. Failure in submitting the required project status reports (two consecutive reporting cycles) may result in award cancellation upon COG review. 3. Financial reporting forms shall be signed by the identified grant official or designee. RELATED POLICIES: 2018-04 Public Facility Grant Matching Requirements 2015-05 Project Fund Banking 2018-08 Annual Fund Reserves and Allocation ADOPTION DATE: REVISION DATE: APPROVALS: Commission District 1 Commission District 2 Commission District 3 Conference of Governments Chair KITTITAS COUNTY CONFERENCE OF GOVERNMENTS PUBLIC FACILITIES FUND POLICY NUMBER: 2018-08 POLICY TITLE: Annual Fund Reserve and Allocation NARRATIVE: The Conference of Governments (COG) retains fund balance in the Public Facilities Fund supporting all active project allocations. In addition to maintaining funds covering previous award financial obligations, the COG sets aside an amount as reserve for future year projects as a budget line item within the Public Facilities Fund (Kittitas County Department of Public Works). The amount of annual fund reserve is $250,000. These funds are intended to support emergency requests, or requests for supplemental project funding, from recipients and/or to cover unanticipated project expenses that could significantly impede the ability for a grant recipient to meet project delivery timellnes. Any request to access the "annual fund reserve ($250,000)" shall be made to COG in the following manner: • Initial verbal request is made at a regularly scheduled COG meeting. Providing a majority of members present at the meeting vote to move the request forward for immediate BOCC consideration. • The Kittitas County Department of Public Works Director schedules a special meeting with the BOCC (if timeline dictates) presenting the request for special funding from the annual fund reserve budget line as supported by the COG. It is the desire of COG that requests to access the annual fund reserve is managed by the BOCC as rapidly as possible. • Providing the BOCC adopts the COG's recommendation for funding, the recipient's contract is amended or a new contract is produced in the case of emergency project creation. Other than the annual fund reserve ($250,000) — no other 0.09 funding is obligated for annual sett aside within the Public Facilities Fund. It is the expectation of the COG that all annual 0.09 "Distressed County Funding° is in play for allocation pursuant to COG adopted project review and award policies at the onset of any given grant year. RELATED POLICIES: 2018-03 Public Facility Grant Application Forms 2018-04 Public Facility Grant Matching Requirements 2018-07 Financial Reporting Requirements ADOPTION DATE: REVISION DATE: APPROVALS: Commission District 1 Commission District 2 Commission District 3 Conference of Governments Chair KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: May 14, 2018 TOPIC: Grading Permits Requirements and Driveway Construction ACTION REQUESTED: Direct staff prepare an amendment to Kittitas County Code 14.05.060 adding driveway construction and addressing geolocially unstable land LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct that staff prepare an amendment to Kittitas County Code 14.05.050 adding driveway construction to the list of exempted grading activities. BRIEFING S Current code does not exempt driveway inspection from "engineered grading" • Current code does exempt public facility and road construction with oversight from Kittitas County Public Works • "Engineered grading" is grading in excess of 500 cubic yards • Ever increasingly, Public Warks is seeing driveway construction exceeding 500 cubic yards (west valley) • Geologic stability should be a consideration when granting any exemption BACKGROUND: Kittitas County Code (KCC) 14.05.060 provides grading permit exemptions for: public facilities and road construction with oversight from Kittitas County Public Works. Our business practice is to not require a grading permit when we have reviewed a civil engineered roadway plan set. Recently, we are seeing renewed interest in lot development in Robinson Canyon. The lots are typically 20 acre parcels and home sites are set back from the existing road network. The amount of driveway grading approaches the "engineering grading" threshold of 500 cubic yards. Bonded and licensed excavation contractors are questioning why there is no "driveway" exemption in KCC. Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: Providing an exemption for driveway construction — consistent With existing exemptions — may make sense in numerous site conditions. In no case, should any exemption exist in geologically unstable conditions. This could be due to soil type, slope or other mapped geologic feature. Any consideration adding driveways to the exemptions in KCC 1 x#.05.060 should recognize the risk of geologically unstable conditions. Cx wthg an exemption to driveway construction consistent with KCC 14.05.060 should also contemplate the cost of inspection services. KCC 14.05.060 creates s an exemption to the grading perniit and requires inspection services without grading permit revenue. Currently, our fee schedule provides for private road inspection fees. The fee could be easily amended to accommodate driveway inspection. FISCAL IMPACTS: Expense neutral providing exempted driveway construction is required to pay road inspection fees. ATTACHMENTS: Exhibit 1: KCC 14.05.040 — 0.060 Page 2 of 3 PUBLIC WORDS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: KITTITAS COUNTY CODE 14.05.040 — 0.060 Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT 14.05.040 Definitions. For the purpose of this chapter, the following definitions shall apply: 1. "Agricultural activities" means those activities conducted on lands defined in Rr, ' E as agricultural lands and those activities involved in the production of crops or livestock, including but not limited to: !)operation and maintenance of fields and pastures; !!)the maintenance, repair, replacement and installation of farm, irrigation, waste water regulation and stock ponds or drainage systems; iii)the maintenance, repair, replacement and installation of irrigation systems, including but not limited to rill irrigation and sprinkler systems; iv)changes between agricultural activities, including but not limited to, crop rotations, conversion of cultivated land to pasture and conversions of pasture to cultivated land, v)installation, maintenance or repair of existing serviceable structures and facilities used in agricultural activities to produce crops or raise livestock. An activity ceases to be an agricultural activity when the area on which it was conducted has been converted to a primary use which is not an agricultural activity. 2. "Applicant" means a property owner or any person or entity authorized or named in writing by the property owner to be the applicant, in an application for a development proposal permit. 3. "Approval" means that the proposed work or completed work conforms to this chapter in the opinion of the County Engineer or Public Works designee. 4. "Bench" means a cut into a deep soil or rock face to provide stability or control surface drainage. 5, "Berm" means a mound or raised area usually used for the purpose of screening a site or operation, or for containing or directing runoff. 6. "County Engineer or Public Works designee" is the officer, other designated authority or duly authorized representative charged with the administration of this code. 7. "Compaction" means the densification of a fill by mechanical means or approved by an engineering geologist or civil engineer, 8. "Critical areas" as used in this chapter means fish and wildlife habitat conservation areas, wetlands, flood hazard areas, geologically hazardous areas, and their buffers, as defined in Chapter 17 ► of the Kittitas County Critical Areas Protection Ordinance. 9. "Department" means the Kittitas County Public Works Department. 10. "Director" means the Director of Public Works or authorized representative. 11. "Engineer' or "Civil Engineer" is an individual licensed in the State of Washington to practice engineering in the civil engineering branch. 12. "Engineered" or "engineering" means work conducted or prepared by an engineer as defined in this section. 13. "Engineered Grading' is ar.7 gracing not exempt by this chapter. 14. "Engineering geologist" means an engineering geologist licensed by the State of Washington. 15. `Erosion" means the wearing away of the ground surface as the result of the movement of wind, water, and/or ice. 16. "Erosion and sedimentation control" means any measure taken to reduce erosion, control siltation and sedimentation, and ensure that sediment laden water does not leave the site 17. "Excavation" means the removal of earth material. 18. "Existing grade" is the grade prior to grading. 19. "Fill' means a deposit of clean earth material or concrete pieces less than one cubic foot in volume. 20. "Finished grade" is the final grade of the site that conforms to an approved plan. 21. "Geotechnical engineer" means an engineer as defined within this section with knowledge of the theory of geology, soils testing, and geotechnical engineering. 22. "Grade" means the elevation of the ground surface. 23. "Grading" is any excavation or filling activity or combination thereof. 24. "Grading permit" means the permit required by this chapter for grading activities. 25. "Horticulture activities" means the growing of fruits, vegetables, flowers, or ornamental plants for commercial purposes. 26. "Permit area boundary" means the defined boundary surrounding grading activity. The permit area boundary will usually be the property lines for the parcel; however, alternate boundaries may be defined on larger parcels with a limited grading area. 27. "Permittee" is the person, corporation or duly authorized agent of the property applying for the grade and fill permit. 28. "Rough grade" is the stage at which the grade approximately conforms to an approved plan, 29. "Shorelines" are those water bodies, adjacent lands, and associated wetlands defined as such by the Shoreline Management Act (RCV.` 90.53.0"0). 30. "Site" means any lot or parcel of land or contiguous combination thereof where activities regulated by this chapter are performed. 31. "Slope" is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. 32. "Structure" is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 201.5-010, 2015, O.A. 201,�-015, 2014) 14.05.050 Permits required. Except as exempted in Section KCC i4.05.060, no grading or filling upon a site involving more than one hundred (100) cubic yards shall be performed without a grading permit from the County Engineer or Public Works designee. The following activities are not exempt and shall require a grading permit: 1, Private road(s), as defined by l(ittitas County Code iae 12, Road and Bridge Standards serving more than two (2) dwelling units, 2. Public road construction prior to acceptance into the County road system; 3. Work upon ground that has received preliminary plat approval and is being prepared for structural development and final plat approval. (Ores. 2015-010, 2015; Crd, 2014-015, 2014) 7.x.05.060 Exemptions. A grading permit shall not be required for the following: 1. Excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation resulting in soil or rock having an exposed, unsupported height greater than five feet after the completion of such structure; 2. Cemetery graves; 3. Refuse disposal sites controlled by other regulations; 4. Excavations for wells, or trenches of utilities; S. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by state regulations that address grading and excavating through geotechnical surveys, inspections, and restoration plans, provided such operations do not affect the lateral support of, or significantly increase stresses in soil on adjoining or contiguous properties; 6. Exploratory excavations performed under the direction of a registered design professional, County Engineer or Public Works designee. 7. An excavation that (a) is less than two (2) feet in depth, or (b) does not create a cut slope greater than 5 feet in height and steeper than one (1) unit vertical in two (2) units horizontal; 8. A fill less than one foot in depth and placed on natural terrain with a slope flatter than one (1) unit vertical in five (5) units horizontal; 9. Soil test holes and on-site sewage system installation done underthe provisions of an on-site sewage disposal permit application; 10. Grading of County roads with Kittitas County Public Works oversight, including roads, bridges and municipal construction, which is designed to County,WSDOT, APWA or FHWA standards and specification where such grading is subject to review and approval of a local government agency or a State or Federal agency, 31. Public facility and road construction aeffi4tim with IKittiitas County, Pubilc Works oversight. 12. Construction activities performed by a state or federal agency with oversight of a licensed civil or geotechnical engineer. 13. Highway construction and maintenance administered by the Washington State Department of Transportation; 14. Routine road maintenance within the established footprint of an existing road; 15. Agricultural or horticultural activities as defined in KCC 14.05.040 (1). An activity ceases to be agricultural or horticultural when the area on which it was conducted has been converted to a nonagricultural use. Farm access roads will be required to upgrade to private or public road standards prior to utilization within a land development. At that time, review under the conformance with this Chapter will be required; 16. Non -conversion Forest Practice Permits administered by the Washington State Department of Natural Resources. Exception from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (Ord. 2015-010, 2015; Ord'. 2014-015, 2014) KITTITAS COUNTY COMMISSIONERS Public Works Study Session Continued Meeting Tuesday May 15, 2018 — 8:00 a.m. Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Council of Governments Public Facilities Application Process 3. Other business 4. Adjourn KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG Continued Public Works Study Session from May 14, 2018 at 1:30 PM MONDAY 8:00 AM May 15, 2018 Board members present: Chairman Laura Osiadacz; Vice -Chairman Obie O'Brien; Commissioner Paul Jewell Others: Mark Cook and Candie Leader, Public Works COUNCIL OF GOVERNMENTS PUBLIC FACILITIES APPLICATION PROCESS At 8:07 am Chairman Laura Osiadacz opened the Continued Public Works Study Session from May 14, 2018 at 1:30 pm. Mark Cook requested to add one item to the agenda under Other Business - STBG 2018 Allocation. Mark Cook gave background for Commissioner Jewell of the ongoing process of updating policies and the application documents by the Conference of Governments (COG). Mark Cook stated that at the last COG meeting the group approved the draft policies pending Board of County Commissioner (BOCC) approval. Mark Cook added that tomorrow night he will present the final package including exhibits for COG and once they approve the final package he will bring forward for BOCC adoption by Resolution. Mark Cook asked that if the BOCC has any edits to please forward those for consideration. Discussion was held. No direction was given. STBG 2018 ALLOCATION Mark Cook gave background on the STBG program where every biennium the federal government gives tunaing to the state for surface transportation block grants for rural counties to solicit cities for projects with the fund being divided into rural, urban or either. Mark Cook added that on occasion there will be carry over funds from the last biennium as is the case in 2018. Mark Cook continued explaining that a technical committee reviews the projects, scores the projects, ranking is completed and then the technical committee meets to discuss how to adjust projects to meet the funding windows. 2018-05-15 MINUTES Mark Cook stated that the process has been completed and provided two documents: the funding award exhibit for the resolution and the breakdown of the costs for the projects, including the carry over funds. Discussion was held. No direction was given. Meeting adjourned at 8:23 am 2018-05-15 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman EXHIBIT 2 — 2018 STBG GRANT AWARDS 1. University Way Bridge Repairs: $129,750 2. Willow Street Improvements: $1,016,000 3. Kachess Lake Road Culvert Replacement: $69,200 4. Naneum Road Culvert Replacement: $86,500 5. 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