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HomeMy WebLinkAbout2022-11-08-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Special Meeting Tuesday November 8, 2022 - 3:00 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. Request to Authorize Chairs Electronic Signature on a Floodplains by Design Letter of Support for the Proposed 2023-2025 Biennial Capital Budget 4. Thorp Mill 5. Schedule a Public Hearing Amending Public Works Adopted Fee Schedule 6. Public Access of Kittitas County Lands 7. Other business 8. Concluded Created on 11/3/2022 8:53:23 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES BOARD OF COUNTY COMMISSIONERS CONFERENCE ROOM Special Meeting TUESDAY 3:00 PM November 8, 2022 Board Members Present: Chairman Laura Osiadacz, and Vice -Chairman Brett Wachsmith. Others: Mark Cook, Rebecca Cruse, Public Works; Richard Mack, Thorp Mill Town Historical Preservation Society Board Member. At 3:31 pm Chairman Laura Osiadacz opened the Public Works Study Session. CITIZEN COMMENTS Richard Mack introduced himself, Board Member for the Thorp Mill Town Historical Preservation Society. REQUEST TO AUTHORIZE CHAIRS ELECTRONIC SIGNATURE ON A FLOODPLAINS BY DESIGN LETTER OF SUPPORT FOR THE PROPOSED 2023-2025 BIENNIAL CAPITAL BUDGET Mark Cook briefed the Board of County Commissioners on the beneficial funding the Kittitas County Flood Control Zone District has received from participation in the Floodplains by Design program. Mark Cook asked the Board to authorize electronic signature on the letter of support for the proposed 2023-2025 biennial capital budget request. Vice -Chairman Brett Wachsmith motioned to approve Board authorization. Chairman Laura Osiadacz seconded the motion. Motion passed. THORP MILL Mark Cook briefed the Board of County Commissioners on acquisition of the historical Thorp Mill site. On a recent site visit Mark Cook noted the facility is in good condition with potential for recreation and tourism in Kittitas County. Richard Mack added that the facility has been dependent on volunteers for grounds upkeep, CWU Graduate students for administrative assistance, and various grants to preserve the Thorp Mill site and the facility is used by various groups throughout the year and due to the proximity, many are traveling the Palouse to Cascade Trail. Richard Mack extended an invitation to the Board of County Commissioners to tour the site. Staff was directed to prepare feasibility for the property. 2022-11-08 Minutes AMENDING PUBLIC WORKS ADOPTED FEE SCHEDULE DISCUSSION Mark Cook briefed the Board of County Commissioners that Public Works updated the fee schedule in 2022 and a fee needs to be set for Administrative Appeals. Staff was directed to bring to an upcoming agenda session to schedule a public hearing. OTHER BUSINESS SEARCH & RESCUE FACILITY DESIGN UPDATE: Mark Cook stated that Public Works and other county staff met with Bora Architects to discuss designs for the Search & Rescue building in progress. Mark Cook stated there are several elements that may change due to funding risks and the funding available could make quite a difference in the budget for this project from $2.5-$4 million. Mark Cook added that this large gap if on the lower end would reflect in the County budget to build the facility out in phases, however, if fully funded, then the facility would be built to completion. Discussion was held on need to have natural gas as a more cost-effective energy source in such a large facility. ELLENSBURG ILA FOR UGA: Mark Cook opened a discussion on the ILA with City of Ellensburg and stated that staff has reviewed the road standards for both and notes drastic differences to address. Mark Cook added that staff will bring forward a full brief at future Study Session to address if Public Works should develop and implement their own urban standards. Meeting concluded at 3:34 pm. Rebecca Cruse, Administrative Assistant 2022-11-08 Minutes KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 8, 2022 TOPIC: Floodplains by Design Support Letter ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Authorize the Chair's electronic signature on a Floodplain by Designs letter of support for the proposed 2023-2025 biennial capital budget. BRIEFING SUMMARY: • The 2023-2025 biennial capital budget request to the Governor's office is for $70.4 million. • Floodplain by designs is requesting Board of County Commission support. • The electronic process is managed through Google Docs. BACKGROUND: Every biennial budget, floodplain managers across the state lobby local governments for support of the Floodplain by Designs program. The program has provided good benefit to the Flood Control Zone District. The 2023-2025 biennial capital budget request to the Governor's office is for $70.4 million. This year, the requested support letter is all digital and is accessed through Google Docs. DISCUSSION: While it is unlikely the Governor's office will support the complete $70.4 million dollar request, showing support for the program is important. Public Works (PW) continues contributing to the program's advisory group and believes there is value in ongoing Board support of the program. PW can forward the electronic address to Board staff for producing the requested letter in Google Docs. FISCAL IMPACTS: None. ATTACHMENTS: EXHIBIT 1: FBD GOV./LEG OUTREACH LETTER SIGN -ON FORM. Page 1 of 2 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: FBD GOV./LEG OUTREACH LETTER SIGN -ON FORM. Page 2 of 2 Public Works "Work Session Staff Report", 2022 10/28/22, 4:20 PM 03 FbD Gov./Leg. Outreach Letter Sign -on FbD Gov./Leg. Outreach Letter Sign -on Filling out this form acknowledges that you and your respective organization would like to sign on to the letters to the Governor and to the Legislative budget committees to include the Department of Ecology's$70.4M request for Floodplains by Design in the 2023-25 biennial capital budget. ardencthomas@gmaii.com Switch account d The name and photo associated with your Google account will be recorded when you upload files and submit this form. Your email is not part of your response. * Required What is your first and last name? * Youranswer What is your title? * Youranswer What is the name of your organization? * Youranswer Attach Organization Logo (Optional) I Add file https://does.google.com/forms/d/e/1 FAIpQLSeIHIF9CdpiErA9Afi6wzHro0t2rlU8GuUrFquPROD4DfsE7A/viewform 1/2 The Honorable Jay Inslee Governor of Washington Office of the Governor P.O. Box 40002 Olympia, WA 98504-0002 November EARLY/MID MONTH, 2022 Dear Governor Inslee, Floodplains by Design • REDUCING RISK, RESTORING RIVERS Thank you for your continued support of Washington's natural resources and the communities that depend upon them. As you know, the Floodplains by Design program brings together a diverse array of partners to address some of the biggest challenges facing Washingtonians and our environment today — from increased flood risks, to declining salmon runs and polluted water, to deep-seated division and distrust. Pragmatic, long-term partnerships like those fostered by Floodplains by Design (FbD) are crucial to enabling a sustainable future for people and nature anywhere. Since 2013, FbD has been delivering results for conservation and communities across Washington — in urban, suburban, and rural areas alike. As collaborators in this public -private -tribal partnership, we respectfully request that you include $70.4 million in your 2023-25 biennial capital budget for Floodplains by Design. Administered by the Department of Ecology, Floodplains by Design has been supporting tribal nations, farmers, and flood managers across the state to transform how floodplains work for almost a decade. As a voluntary program and collaborative partnership benefiting agriculture, salmon, flood protection and local economies, FbD grants have been in increasing demand each biennium. Grants have supported the restoration and protection of more than 70 miles of river, reduced flood risk for more than 3,000 homes and other structures and created more than 3,700jobs in 18 of Washington's counties. Floodplains by Design fosters the development of relationships and shared values, allowing diverse interest groups to work hand-in-hand at the scale these challenges require: considering all those who live, work, play and pray in a shared watershed. Rather than competing for limited resources, partners work together for long-lasting, holistic solutions to watershed -scale problems. Engagement is both broad and deep — with tribal nations, local governments, industry and agricultural stakeholders, environmental groups and others typically working together over several years to develop project proposals for the FbD grant program. • Fish and Farms We simply cannot be the generation to lose Washington's iconic salmon. Now, more than ever, is the time to invest in solutions that will help save our salmon — solutions that honor the generations of stewardship practiced by the farmers that feed our region alongside the wisdom of place garnered by Tribes over millennia. Floodplains by Design projects are proof that both farms and fish can benefit when we invest in long-term, cooperative partnerships that engage all residents along a river. Floodplains by Design has reconnected more than 7,900 acres of floodplain —critical habitat for chinook salmon — and improved more than 11,600 acres of working lands, including farmland, dairies, aquaculture sites and ranches. • Strong local economies For every million dollars spent on watershed health projects like those funded by Floodplains by Design, more than 16 jobs are created, and $2.2- $2.5 million in economic activity is generated, with more than 80% of that money staying in the local community. With a capital investment of $70.4 million and the leveraged funds project proponents have secured, FbD projects will generate 3,364 jobs in engineering, construction, habitat restoration and other sectors. At the same time, these projects will reduce flood risk for hundreds of businesses and homes in 13 legislative districts across 8 counties. • Climate and Community As the pressure on Washington's resources continues to grow with an increasing population and worsening climate -change impacts, there's no time to lose. Our rivers, wetlands and coastlines often bear the brunt of new development, lending more urgency to the need to think at a watershed scale to protect communities from flooding and provide adequate infrastructure to a growing population. As more residents and visitors alike continue to flock to Washington's public lands, Floodplains by Design projects help ensure and improve access to these precious shared outdoor spaces for recreation and community connection. Washingtonians from all corners of the state are working hard to protect the places and people they love. By rewarding the collaborative, multi-level integrated decision-making exemplified by Floodplains by Design projects, the state can help reduce the conflicts that can occur when diverse interest groups face risk combined with limited time and resources. Local leaders need state support and incentives to better manage river systems in holistic ways that build community, economic and environmental resilience. Investment in Floodplains by Design, combined with additional support for salmon and orca recovery, voluntary stewardship and agricultural programs, climate resilience, and flood prevention, can deliver results at the pace and scale Washington's challenges demand. With a capital investment of $70.4 million, Floodplains by Design projects in the 2023-25 biennium would leverage another $130 million in funding from other sources, resulting in $200 million in support for people and nature across our state — and the hard collaborative work represented by this biennium's suite of ready -to -go projects. Thank you. Respectfully, The Undersigned* source info below this line / text from previous letters To sign on: visit this link and provide your name, title and the name of the organization or entity you represent. Elected Officials Tribal (Nations and Tribal Entities Local Governments Conservation Organizations Businesses and Economic Development Associations Community Groups / Other Signatories *every project sponsor should be represented on this list, and should circulate this letter to their project partners, vendors/contractors, local elected officials, and relevant stakeholders* cc: OFM KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 8, 2022 TOPIC: Thorp Mill ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Verify septic field placement at the current mill site. BRIEFING SUMMARY: • Recently, the Thorp Mill conservancy group approached the Board of County Commission soliciting interest in taking over the facility for a county sponsored tourism site. • Staff visited the site on 10/31/2022. • The adjoining 19 acres site supports a restroom facility (water service) on approximately 19 acres of undeveloped land. • Staff is anxious to vet the potential to site a flush toilet facility at the mill site. BACKGROUND: Recently, the Thorp Mill conservancy group approached the Board of County Commission soliciting interest in taking over the facility for a county sponsored tourism site. The mill is in good repair but does not currently support a restroom facility. It is rumored that State Parks is considering the site for possible state acquisition. During a Public Works study session in October, staff was asked to visit the site and report back to the Board of County Commissioners. DISCUSSION: Increasingly, it is getting difficult to find sufficient volunteers staffing the facility. Renovations to the mill in the past ten years guarantee structural stability for the next decade (roof, flooring, beams, and associated substructure). The parking lot fronting the mill appears to be the most likely site for a drain field (mill ditch and associated low land do not appear readily capable of supporting effluent waste disposal). The parking lot does appear to be sufficient in size to site a small restroom facility. Insufficient time does not allow reasonable investigation of site geology for drain field consideration. Presuming worst case scenario, the restroom could be supported by an effluent tank pumping system back to the 19 acres. Development of the restroom could easily run into the $200-250,000 range. Staff presumes a restroom at the mill is a requirement increasing access of the facility to a "year-round" tourism destination. Page 1 of 3 Public Works "Work Session Staff Report', 2022 The adjoining 19 acres is accessed through an easement with residential land use on both sides. The one side is close to a single-family residence while the back portion of the easement borders a graveyard for residential appliances. The easement could easily be screened by privacy fencing. The 19 acres site is currently served by the Thorp Water District. It is presumed that the district is able to serve the anticipated increase in water demand associated with a new restroom. The 19 acres border the Burlington Northern Sante Fe mainline through Thorp. The site appears to be relatively dry and would likely lend itself to camp site development. The mill acquisition supports the Board's stated desire attracting tourism to the county. The destination is well known and attracts visitors during months when tours are not provided at the mill. Lodging tax could likely be used offsetting operational and maintenance costs. The recently passed additional real estate excise tax (2) could also be used offsetting operational and maintenance costs. Conversations continue around re - accessing Gladmar Park. The proximity of the park to the Thorp Mill site creates interest in potentially master planning both sites for recreational use. The 19 -acre site, when combined with the mill, creates an interesting opportunity for the Board. Additional work is needed at the staff level to adequately advise the Board of issues associated with acquisition. The brief site tour suggests additional investigation is warranted. Providing State Parks is not moving aggressively to close on the acquisition, additional resources should be allocated defining true and undetermined costs associated with acquisition. In the absence of state acquisition, it is prudent to engage Thorp conservationist on stabilizing operational and maintenance cost potentially through lodging tax grants. FISCAL IMPACTS: Undetermined at this point. Planning level cost for a restroom facility at the mill is $200- $250,000. Long term operational and maintenance costs are expected to be $25,000- $50,000 annually depending on the intensity of use. ATTACHMENTS: EXHIBIT 1: LAND USE MAPS Page 2 of 3 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: LAND USE MAPS Page 3 of 3 Public Works "Work Session Staff Report", 2022 \CpSC POtS_.10 INf . y 9 AITTITAy (Y)f\T\- ON, Thorp Mill Properly Boundary 112.5 225 450 Feet Property Report for Parcel#: 316333 Monday, October 31, 2022 Parcel Information Address: THORP HWY N THORP Tax Parcel ID: 316333 Map Number: 18-17-02030-0014 Recorded Area: 1.00 a Owner Name THORP MILL TOWN HISTORICAL Name Cont: PRESERVATION SOCIETY Mailing Address: PO BOX 7 City/State/Zip: THORP WA 98946 Critical Areas Information Contains > 30% Slope: No PHS Site Name: N/A Roof Hazard: LOW—HAZARD RATING Roof Class: CLASS C Seismic Category: D1 Shore Line: N/A Wetland Code: R4SBC DNR Water Type: N/A FIRM Zone: 500 YEAR, 100 YEAR FEMA Flood Map: 53037C1033D Coalmine Shaft: N/A Airport Zone: N/A BPA Right of Way: -1 Max Elevation: 1656 ISO: 0.031 PG: 51 Domestic Water Information Over the Counter Water: Yes, ...... ,1 u, i".,ac. Qualifying Water Banks: Big Creek WR, Bourne, KittitasCnty (Amerivest), KittitasCnty(Clennon), Reecer Creek, KittitasCnty(Roth), KittitasCnty(Williams), New Suncadia (Big Creek), New Suncadia (SwaukFirstCreeks), New Suncadia (TeanawayRiver), Roan New Suncadia, SC Aggregate, Swiftwater Ranch, Trailside, Western Water Partners, Yakima Mitigation Services, NGR, New Suncadia(Tillman Creek) Sub Basin Watershed: Taneum Creek Lx_xi 13il33 r2Q q JI9133 Id6133 RhL 30�A?3 �r Ro Rq R� } 35ti1"33 R ry oRq RM' Administrative Information Zone and Allowed Uses: Agriculture 2u Land Use Category: Rural Working Commisioner District: 0 Voter Precinct: Hospital District: HOSPITAL DISTRICT 1 School District: Thorp School District Irrigation District: Thorp Mill, West Side Weed District: Fire District: Fire District 1 (Rural Thorp) Cemetery District: Thorp Court District: Lower District Court PUD Comm District: District 2 Parks and Rec District: Wildland Urban Interface: IR 1 Stock Restricted Area: Stock Restricted COE Gas Service Area: No Property Report for Parcel#: 126333 d ��r Monday, October 31, 2022 A11111 \�f f)I\I\ Parcel Information Address: THORP HWY N THORP Tax Parcel ID: 126333 Map Number: 18-17-02030-0010 Recorded Area: 3.96 a Owner Name THORP MILL TOWN HISTORICAL Name Cont: PRESERVATION SOCIETY Mailing Address: PO BOX 7 City/State/Zip: THORP WA 98946 Critical Areas Information Contains > 30% Slope: No PHS Site Name: N/A Roof Hazard: LOW—HAZARD RATING Roof Class: CLASS C Seismic Category: D1 Shore Line: N/A Wetland Code: N/A DNR Water Type: N/A FIRM Zone: 500 YEAR, 100 YEAR FEMA Flood Map: 53037C1033D Coalmine Shaft: N/A Airport Zone: N/A BPA Right of Way: -1 Max Elevation: 1662 ISO: 0.031 PG: 52 Domestic Water Information Over the Counter Water: Yes,, --r_,_ .,.,i.. Qualifying Water Banks: Big Creek WR, Boume, KittitasCnty (Amerivest), KittitasCnty(Clennon), Reecer Creek, KittitasCnty(Roth), KittitasCnty(Williams), New Suncadia (Big Creek), New Suncadia (SwaukFirstCreeks), New Suncadia (TeanawayRiver), Roan New Suncadia, SC_Aggregate, Swiftwater Ranch, Trailside, Western Water Partners, Yakima Mitigation Services, NGR, New Suncadia(Tillman Creek) Sub Basin Watershed: Taneum Creek D 059133 395131 31e333 - v ny Kr Administrative Information I Zone and Allowed Uses: Commercial Agriculture, Agriculture 20 Land Use Category: Commercial Agriculture, Allowed Use Commisioner District: 0 Voter Precinct: Hospital District: HOSPITAL DISTRICT 1 School District: Thorp School District Irrigation District: Thorp Mill Weed District: Fire District: Fire District 1 (Rural Thorp) Cemetery District: Thorp Court District: Lower District Court PUD Comm District: District 2 Parks and Rec District: Wildland Urban Interface: IR 1 Stock Restricted Area: Stock Restricted COE Gas Service Area: No KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 8, 2022 TOPIC: Schedule a Public Hearing Amending Public Works Adopted Fee Schedule ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Schedule a public hearing to consider amending Kittitas County Public Works (PW) fee schedule adopted in Resolution 2022-105. BRIEFING SUMMARY: • During the county's comprehensive plan amendment cycle in 2021, staff revised county code allowing road standards administrative appeals to be heard by the Kittitas County Hearings Examiner. • PW last updated its fee schedule in May 2022 (Resolution 2022-15). • PW desires setting a fee for the newly created appeal process in Public Works. • PW desires matching the administrative appeal fee as it currently appears on the Community Development Services (CDS) fee schedule for $1,550. BACKGROUND: The last time PW adjusting its fee schedule was to waive permit fees for affordable housing in Kittitas County (May 2022). While no one has yet sought an administrative appeal to PW road standard administrative decisions, the likelihood is high that someone will in the near future. DISCUSSION: Allowing the Hearing's Examiner to revisit an administrative decision from PW affords an alternative for aggrieved county residents dissatisfied with a PW administrative decision. Maintaining CDS' fee of $1,550 provides consistency for rate payers and allows PW to monitor the fee for ultimate cost recovery. FISCAL IMPACTS: The requested fee is currently unmanaged, and an administrative appeal will be paid out road fund balance. ATTACHMENTS: None. Page 1 of 1 Public Works "Work Session Staff Report", 2022 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 8, 2022 TOPIC: Public Access of Kittitas County Lands ACTION REQUESTED: Direction to Staff LEAD STAFF: Mark Cook RECOMMENDATION: Direct Staff to Propose Revisions to Kittitas County Code Chapter 9.50 Parks to address firearms use and hunting and to allow for the adoption and use of property -specific stewardship plans. BRIEFING SUMMARY: • Kittitas County has been purchasing property for floodplain management purposes. Properties may also be held for advanced mitigation purposes. • Kittitas County Code Chapter 9.50 Parks governs the use of Kittitas County park areas, which are defined as any areas under the ownership, management, or control of Kittitas County. • Kittitas County Code Chapter 9.50 gives the director of public works the responsibility to set park hours and allows for area closures by signs or barricades. • Currently there is no code language regarding hunting on County owned lands. • The source of funding used for property acquisition can limit or expand the potential uses of these properties. • Property improvements and maintenance are often necessary to support public access and use. • Staff recommend that Kittitas County Code Chapter 9.50 be revised to further clarify the term "park area", address firearms use and hunting on County property and allow for the adoption of site-specific management plans which further defines allowable uses. BACKGROUND: The amount of open space owned and managed by the Kittitas County Public Works has increased in recent years due to property acquisitions for floodplain management purposes. Public Works land holdings may include mitigation sites in the future. Kittitas County Code Chapter 9.50 Parks governs the use of Kittitas County park areas, which are defined as any area under the ownership, management, or control of Kittitas County. Staff concludes that properties recently acquired for floodplain management purposes are regulated by Chapter 9.50. Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: Staff recommends that the definition of Kittitas County park area be narrowed to only include those areas managed for public access and/or natural resource protection. Kittitas County Code Chapter 9.50 already gives the director of public works the responsibility to set park hours and allows for area closures by signs or barricades. KCC Chapter 9.50 is silent on firearms us and hunting. Staff recommends that the use of firearms and hunting be prohibited unless explicitly authorized by a site-specific management plan adopted by the Board of County Commissioners. The source of funding used for property acquisition can limit or expand the potential uses of these properties. Additionally, property improvements and maintenance are often necessary to support public access and use. Site-specific management plans prepared for Board consideration and adopted can be used to document these factors. FISCAL IMPACTS: While basic property management costs are included in the Parks and Flood Control Zone District annual budgets, if expanded uses is desired, necessary infrastructure costs will need to be explicitly considered. ATTACHMENTS: Exhibit 1: Draft Kittitas County Code Chapter 9.50 Revisions Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT l: Draft Kittitas County Code Chapter 9.50 Revisions Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Chapter 9.50 PARKS Sections 9.50.010 Definitions. 9.50.020 Purpose. 9.50.030 Hours. 9.50.040 Park facilities - Liability. 9.50.050 Park facilities - Liability insurance. 9.50.060 Park facilities - Cleanup. 9.50.070 Concessions, 9.50.080 Park misuse. 9.50.090 Motor vehicles - Parking. 9.50.100 Camping - Authorization. 9.50.110 Camping - Occupancy policy. 9.50.115 Swimming in boat launch areas prohibited. 9.50.120 Game fish. 9,5 .125 Food fish. 9.50.130 Damage to park property prohibited. 9.50.135 Removal of park property. 9.50.140 Outside household or commercial waste. 9.50.145 Rubbish. 9.50.150 Waste from vehicles. 9.50.155 Dumping in water prohibited. 9 50.160 Solicitation. 9.50.165 Alcoholic beverages - Minors. 9.50.170 Fires. 9.50.175 Area closures. 9.50.180 Violation - Penalty. 9.50.010 Definitions. Whenever used in this title, the following items shall be defined as indicated in this section: Agreements Any and all written agreements between a person or persons and the department for the purpose of specific use of certain department facilities. Aircraft Any machine or device designed to travel through the air, such as an airplane, helicopter, balloon, glider, ultralight, etc. Alcoholic beverages (or "liquor") Includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer) and all fermented, spirituous, vinous, or malt liquor, or otherwise intoxicating beverages; and every liquor or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquor, semisolid, solid or other substance, which contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating. Board The current and duly elected Kittitas board of county commissioners. Boat Any floating device, powered by internal combustion engine or human power, capable of traveling on or underwater. Camper A motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van -type body, a converted bus, or any similar type vehicle. Camping Erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight. Department The Kittitas County department of public works. Director The director of the Kittitas County department of public works. Discrimination Any action or practice which prohibits participants based on sex, age, race, color, national origin, marital status, or the presence of any sensory, mental or physical handicap. Drugs Any mind or mood altering substance which is illegal for consumption. Facilities Any building, structure, roadway, trail, path, equipment or area operated by the Kittitas County department of public works. Facility manager The duly appointed Kittitas County public works employee serving as a manager of a county park. Fee The currently adopted fee schedule for use of Kittitas County park facilities. Management Plan A document adopted by Board Resolution that specifies park uses and management actions for an identified County property or park area Motor vehicle Any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, four-wheel drive vehicles, two -wheel drive vehicles, three-wheelers, motorcycles, and snowmobiles, whether or not they can legally be operated upon the public highways, whether licensed or unlicensed. Permit Any and all permits, licenses, or approvals required by federal or state law, or required by county ordinance or the Kittitas County public works department. Person All natural persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, servant, or employee. Reservation Any and all written reservations for a person or persons for the purpose of specific use of certain department facilities. Trail Any path or track designed for use of pedestrians, bicycles, motorcycles, jeeps or equestrians; and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel or similar substance, so as to permit its use by standard passenger automobiles, or other right- of-way specifically designated and posted for non -vehicular use. Trailer A towed vehicle which contains sleeping, housekeeping accommodations or material transporting capabilities. Kittitas County park area Any area under the ownership, management, or control of Kittitas County and managed for public access and/or natural resource protection,. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.020 Purpose. The purpose of this ordinance is to manage county -owned real oroperty to ensure that it is used for Purposes that promote the public's health safety and general welfare through regulation of such properties and torrees-erv-e the use of county arooperties for future public benefit TheyarkPark playgrounds, passive use areas, special use areas, open space areas roads, paths, trails, activity centers and other park facilities of the department are established by law for natural resource Protection and/or public recreation purposes. Public recreation consists of passive use, appropriate to the facility, initiated by individuals, families or small groups with or without reservations and permits; or, large group activities planned by groups and brought under the control of the department when authorized by and conducted under reservation, permit, agreement or contract with the department. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.030 Hours. The director of public works shall establish for each Kittitas County park area according to existing conditions, times and periods when the park area will be open or closed to the public. Such times and periods shall be posted at the entrance to the Kittitas County park area affected and at the park office. Park hours are subject to current conditions and may vary by season. Park front gates and offices may be open during normal business hours but the park area may be closed to public use when so posted. No person shall enter or be present at a Kittitas County park area after closing time, or when the park area is closed, except persons camping in a designated camping area who have paid the applicable use fee; or persons who have a reservation or are associated with the person or persons having a reservation at a department facility. (Ord. 99-09, 1999; Ord. 95-4, 1995). Per KCC 9.50.175. some areas may closed to public access 9.50.040 Park facilities - Liability. A person or persons using facilities by reservation or agreement may be required to protect and save Kittitas County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the persons, employees or third parties on account of personal injuries, death or damage to property arising out of the premises, or in any way arising out of the acts or omissions of the person and/or his agents, employees or representatives. Users of any and all Kittitas County park facilities or areas do so at their own risk. Kittitas County assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of department facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.050 Park facilities - Liability insurance. A person or persons using facilities by reservation or agreement may be required to obtain and maintain during all periods of use public liability insurance acceptable to the county and/or other insurance necessary to protect the public and the county on premises reserved, with coverage of liability not less than combined single limit personal injury and/or personal damage liability of $300.00 per occurrence. The group shall provide a certificate of insurance or an insurance binder prior to the reservation and upon written request of the county, a duplicate of the policy, as evidence of the insurance protection provided. This insurance shall not be cancelled or reduced without prior written notice to the county, 30 days in advance of the cancellation or reduction. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.060 Park facilities - Cleanup. All groups must leave the facility or area in a condition considered satisfactory to the manager in charge. No group shall conduct activities causing extra custodial work unless previous arrangements have been made to pay for such work and are so stated in the reservation agreement. Causing extra custodial work without previous arrangements may subject the group to mandatory cleanup fees as listed in the currently adopted fee schedule. (Ord. 99-09, 1999; Ord, 95-4, 1995). 9.50.070 Concessions. Kittitas County reserves all concession rights in county -owned parks. Nonprofit groups and organizations may sell or arrange for a concessionaire to sell concessions to members of their group or organization using a park facility and to spectators at that facility; provided, that arrangements and fees to the department are agreed upon in writing prior to the event(s). (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.080 Park misuse. The misuse of a park facility or the failure to conform with these regulations will be sufficient reason for denying any future application for use of park facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.090 Motor vehicles - Parking. No operator of any automobile, trailer, camper, boat trailer, or other motor vehicle, shall park such vehicle in any Kittitas County park area other than designated motor vehicle parking area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked either in a designated parking area for the event, or in another area with the permission of the facility manager. No person shall park, leave standing, or abandon a motor vehicle, camper or trailer, in any Kittitas County park area after closing time, except when camping in a designated area, or with permission of the manager. Any vehicle found parked in violation of this section may be towed away at the owner's or operator's expense. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.100 Camping - Authorization. No person shall camp in any Kittitas County park area except when specifically authorized by the facility manager or the director. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.110 Camping - Occupancy policy. Occupancy of camping facilities shall be limited to the conditions of the group reservation, agreement, or contract; or limited to occupancy related to an event and so posted at the park. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.115 Swimming in boat launch areas prohibited. No person shall swim or sunbathe in any designated boat launching area, except by permit issued by the department of public works. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.120 Game fish. All laws, rules and regulations of the State Game Commission relating to season, limits, and methods of fishing are applicable to fishing for game fish in Kittitas County park areas. No person may fish for, or possess any fish taken from any dam, dike, bridge, dock, boat landing, or beach, which is posted with a sign prohibiting fishing. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.125 Food fish. All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and methods of taking are applicable to the taking of food fish in Kittitas County park areas except that in addition to such laws, the department, upon its finding and for good cause may close certain Kittitas County park areas for specific periods of time, to the taking of fish. Such closed areas shall be posted. (Ord. 99-09,1999; Ord. 95-4, 1995). 9.50.126 Huntino All nark areas are closed to hunting unless allowed for through adoption of a management clan When allowed by a management plan the laws rules and regulations of the State Department of Fish and Wildlife relating to season, limits, and methods of huntino are aoolicable. 9.50.127 Firearms. All park areas are closed to firearm use unless allowed for h ntino ou poses per KCC 9.50.126. 9.50.130 Damage to park property prohibited. No person shall cut down, destroy or in any way injure or damage any shrub, tree, vine, grain, grass or crop, standing or growing orwhich has been cut down, in any Kittitas County park area unless authorized to do so by the department. No person shall deface, damage or destroy any property, material, equipment or facility which is under thejurisdiction of the department. (Ord. 99-09, 1999; Ord. 954, 1995). 9.50.135 Removal of park property. No person shall change the position of or remove any property, material, or equipment from its original position on or from any area under the jurisdiction of the Kittitas County parks department. (Ord. 99-09, 1999; Ord. 954, 1995). 9.50.140 Outside household or commercial waste. No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is brought as such from any private property, in any Kittitas County park area garbage can or other receptacle designated for rubbish collection. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.145 Rubbish. No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish, in a Kittitas County property or park area, except in a garbage can or other receptacle designated for such purposes. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.150 Waste from vehicles. No person shall in any Kittitas County park area, drain or dump refuse, oil, gas or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.155 Dumping in water prohibited. No person shall pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind or description, including human or bodily waste, in any stream, river, lake or other body of water running in, through or adjacent to any Kittitas County park area. (See Chapter 8.20 KCC Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.160 Solicitation. No person shall solicit, sell, or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or distribute or post any handbills, circulars, or signs, or use any loudspeakers or other amplifying device in any Kittitas County park area, except by concession contract or by permission by the department. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.165 Alcoholic beverages - Minors. No person who has not reached his or her twenty-first birthday shall be in possession of or consume of any alcoholic beverage in a Kittitas County park facility or area. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.170 Fires. ,Open fires and portable units using flammable material are r^s^F,.^a'^ ElEs g_"_. PaFk areas, fireplaces, `iFe i A9S OF _: - rohibited. Ord. 9909, 1999; Ord. 95-4, 1995 i P ( ), Commented(ATt]: Asuggestion -I don't think we have any locations with fire rings and grills, so I recommend that we prohibit outright given wildfire risk. 9.50.175 Area closures. Areas designated by signs or barricades are closed to public access or use. (Ord. 99-09, 1999; Ord. 95-4, 1995). 9.50.180 Violation - Penalty. Every person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than $1,000 and/or by imprisonment in a countyjail for not more than 90 days. In addition, every person failing to comply with any provision of this chapter shall be subject to immediate ejection from the Kittitas County park area. The Kittitas County public works director, public works employees, and other law enforcement officers are authorized and directed to enforce the provisions of this chapter. (Ord. 99-09, 1999; Ord. 95-4, 1995).