Loading...
HomeMy WebLinkAbout2023-02-13-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday February 13, 2023 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. Portable Toilets at Ryan Thompson Park 4. Public Facility Districts in the State of Washington Discussion 5. NEXUS Professional Services Contract 6. Drone Policy Discussion 7. Monument Memorandum of Understanding with Washington State Department of Natural Resources 8. Watershed Science and Engineering Task Order Supporting the West Interchange Study 9. February 23rd Streamside Landowner Workshop 10. Other business 11. Concluded Created on 2/9/2023 10:51:07 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 Regular Meeting MONDAY 1:30 PM FEBRUARY 13, 2023 Board members present: Chairman Cory Wright and Commissioner Laura Osiadacz. Others: Josh Fredrickson, Darren Case, Justin Turnbull, Arden Thomas Rebecca Cruse, Public Works; Dan Carlson, Toni Berkshire, Jeremiah Cromie, Jeremy Larson, Jen Wiemer, Community Development Services; Neil Caulkins, Prosecuting Attorney's Office; Bryan Elliott, Brian Carlson, Auditor's Office; 1 member of the public. At 1:30 pm Chairman Cory Wright opened the Public Works Study Session. No Citizens Comments. Chairman Cory Wright requested the removal of item #4 Public Facility Districts in the State of Washington Discussion from this study session agenda. PORTABLE TOILETS AT RYAN THOMPSON PARK Josh Fredrickson briefed the Board of County Commissioners on Ryan Thompson Park experiencing increased use resulting in a need for portable toilets. Josh Fredrickson requested the Board of County Commissioners to approve seasonal contract for the service. Motion Approved. NEXUS PROFESSIONAL SERVICES CONTRACT Darren Case briefed the Board of County Commissioners on a proposal for services Public Works received from NEXUS for remediation of the Upper County Shop HVAC issues, including improving the insulation of the shop. Darren Case requested direction on moving forward with a contract for services. The Board directed staff to prepare enabling documents for approval - DRONE POLICY Justin Turnbull presented a draft policy of drone use for Public Works surveying drone. Justin Turnbull noted that the drone captures a large scope of data that is not needed in the survey. Neil Caulkins informed that he believes the data not needed in the survey could be discarded. Chairman Cory Wright asked if staff was trained to use the survey drone, Justin Turnbull replied that Public Works has 4 FAA certified operators. The Board of County Commissioners directed staff 2023-2-13 MINUTES to receive the legal team's approval on the policy then ratify with the Board. MONUMENT MEMORANDUM OF UNDERSTANDING WITH WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES Josh Fredrickson briefed the Board of County Commissioners on Public Work's monument recovery program. Department of Natural Resources requests the county update an MOU for monument recovery standards. Commissioner Laura Osiadacz motioned to ratify the agreement. Chairman Cory Wright seconded. Motion approved. WATERSHED SCIENCE AND ENGINEERING TASK ORDER SUPPORTING THE WEST INTERCHANGE STUDY Arden Thomas briefed the Board of County Commissioners on the Flood Control Zone District and landowners' motivation to study the regulatory barriers to development at the west interchange. Staff and Watershed Science and Engineering developed a scope of work and ready to fulfill a contract upon the approval. The Board of County Commissioners directed staff to prepare enabling documents, FEBRUARY 23x° STREAMSIDE LANDOWNERS WORKSHOP Arden Thomas requested the Board of County Commissioners to direct staff to issue a press release and Facebook post for a workshop organized by the Yakima Basin Fish and Wildlife Recovery Board for Streamside Landowners throughout the county. The Board requested staff send a digital file of the post_ Meeting concluded at 1:47 pm Rebecca Cruse, Administrative Assistant 2023-2-13 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 13, 2023 TOPIC: Portable Toilets at Ryan Thompson Park ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook and Ryan Berge. RECOMMENDATION: Support staff s desire deploying two portable toilets at Ryan Thompson Park from May 1 to September 30 every year going forward. BRIEFING SUMMARY: • Increasing use of Ryan Thompson Park is resulting in human waste at the park. • Two portable toilets (May 1 to September 30) will cost approximately $1,500. BACKGROUND: Recently, Public Works learned from a service club volunteer of human waste encountered during various mowing operations conducted in 2022. The lack of nearby public toilet facilities warrants evaluation of deploying portable toilets that are serviced on a regular basis. DISCUSSION: Deploying two portable toilets at Ryan Thompson Park (May 1 to September 30) annually is estimated at costing approximately $1,500. Area service club members routinely volunteer mowing grass areas around the pond. Recent efforts improving water quality and access improvements from Public Works, are expected to increase pond usage. Public Works desires improving the fishing experience of pond users by contracting for sanitary services at the park. FISCAL IMPACTS: $1,500 is estimated for two portable toilets for five months. There is sufficient budget in the 2023 Parks and Recreation Fund. Future annual budgets will require support from the general fund. ATTACHMENTS: None. Page 1 of 1 Public Works "Work Session Staff Report", 2023 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 13, 2023 TOPIC: Public Facility Districts in the State of Washington ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook, Amy Cziske, Mike Hougardy, Bryan Elliott, Brian Carlson RECOMMENDATION: Direct staff prepare a proposal for Board consideration. BRIEFING SUMMARY: • Public Facility Districts are authorized in state law at Revised Code of Washington 36.100 (EXHIBIT 1). • The district is created upon adoption of a resolution by the county legislative authority. • No taxing authority may be assessed without majority vote within the district. • County may have more than one district. • Governance board is required. • Independent financial feasibility review is required prior to formulation. • District funding authorized: Ad valorem property tax, excise tax, general obligation bonds, revenue bonds, tax on admissions and tax on vehicle parking charges. BACKGROUND: An Upper County Not for Profit (501(c) 3) "UKC Community Recreation Center Alliance (UKCCRCA), formed in 2021, is advancing a proposal to develop, design and build an upper county recreation center on 12 acres of City of Cle Elum land (EXHIBIT 2). Numerous project stakeholders have joined the effort, and the UKCCRCA is focused on building additional support to ensure the success of the project. There is currently no identified funding mechanism allowing the project team access to federal grant funding opportunities. DISCUSSION: Prior to establishing a Public Facility District in the county, an independent financial feasibility review is required. The review (RCW 36.100.025) must be conducted by the department of commerce through the municipal research and services center - MRSC (RCW 43.110.030) or under a contract with another entity under the authority of RCW 43.110.080. The county may utilize consulting services (43.110.080) meeting the obligation defined at 36.100.025. Page 1 of 4 Public Works "Work Session Staff Report", 2023 Providing the Board of County Commissioners (BoCC) desires evaluating the potential for creating a Public Facility District serving upper county (Thorp — west to Snoqualmie Pass), Public Works could compile initial feasibility information for the Board. Since the feasibility study is required prior to any legislative action, it makes sense to tackle study issues at the front of any BoCC effort. PW suggests the following work program starting with contacting MRSC and obtaining feasibility reports on file, review the file reports, develop a likely feasibility report scope of work, and report back to the BoCC. The report back is expected to include feasibility report likely contents, identified impacts to other elected offices of the county, and a financial estimate for feasibility study cost. FISCAL IMPACTS: Undetermined at this time. The cost of preforming the suggested work program is budgeted in Public Works Administrative 2023 budget. ATTACHMENTS: EXHIBIT 1: RCW 3 6. 100 EXHIBIT 2: "Upper Kittitas County Community Recreation Center" presentation materials to staff, January 2023. Page 2 of 4 Public Works "Work Session Staff Report", 2023 EXHIBIT 1: REVISED CODE OF WASHINGTON 36.100 Page 3 of 4 Public Works "Work Session Staff Report", 2023 Chapter 36-100 RCW PUBLIC FACILITIES DISTRICTS Sections 36.100.010 Public facilities districts—Creation—Approval of taxes by election—Corporate powers—Property transfer— Agreements. 36.100.020 Governance --Board of directors. 36.100.025 Independent financial feasibility review—When required— Public document. 36.100.027 Statutorily authorized taxing authority. 36.100.030 Facilities—Agreements—Fees. 36.100.035 Additional powers and restrictions on district that constructs baseball stadium. 36.100.036 Donated moneys for baseball stadium. 36.100.037 Baseball stadium construction agreement. 36.100.040 Lodging tax authorized Annual payment amount—Payment of obligations Application of other tax provisions. 36.100.042 Lodging license fee or tax in excess of rate imposed on retail businesses prohibited. 36.100.050 Ad valorem property tax. 36.100.060 General obligation bonds—Termination, reauthorization of excise tax. 36.100.070 Acquisition and transfer of real and personal property. 36.100.080 Direct or collateral attack barred after thirty days. 36.100.090 Tax deferral—New public facilities. 36.100.100 Ex officio treasurer. 36.100.110 Travel, expense reimbursement policy—Required. 36.100.120 Travel, expense reimbursement policy—Limitations. 36.100.130 Board of directors—Compensation. 36.100.140 Liability insurance. 36.100.150 Costs of defense. 36.100.160 Expenditure of funds—Purposes. 36.100.170 Employees—Benefits. 36.100.180 Service provider agreements—Competitive solicitation process for personal service contracts of one hundred fifty thousand dollars or more—Exceptions. 36.100.190 Purchases and sales—Procedures. 36.100.200 Revenue bonds—Limitations. 36.100.205 Bonds issued are securities. 36.100.210 Tax on admissions. 36.100.220 Tax on vehicle parking charges - 36.100.230 Transfer of property, assets, and other interests from state convention and trade center public nonprofit to district—Necessary actions - 36.100.240 Eminent domain authorized. 36.100.905 Construction -2010 1st sp.s. c 15. Changes in tax lar—Liability: RCW 82.08.064, 82.14.055, and 82.32.430. Sales and use tax for public facilities districts: RCW 82.14.048. Sales and use tax imposed by public facilities districts for regional centers: RCW 82.14.390. 1 1 1 RCW 36.100.010 Public facilities districts—Creation—Approval of taxes by election—Corporate powers—Property transfer Agreements. (1) One or more public facilities districts may be created in any county and must be coextensive with the boundaries of the county. (2) A public facilities district is created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed district is located. (3) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution. (4) Except as provided in RCW 36.100.040 (4) and (5), no taxes authorized under this chapter may be assessed or levied unless a majority of the voters of the public facilities district has approved such tax at a general or special election. A single ballot proposition may both validate the imposition of the sales and use tax under RCW 82.14.048 and the excise tax under RCW 36.100.040(1). (5)(a) A public facilities district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, including contracts with public and private parties, to acquire, own, sell, transfer, lease, and otherwise acquire or dispose of property, to grant concessions under terms approved by the public facilities district, and to sue and be sued. (b) A public facilities district created by a county with a population of one million five hundred thousand or more to acquire, own, and operate a convention and trade center transferred from a public nonprofit corporation may continue to contract with the Seattle -King county convention and visitors' bureau or its successor in interest for marketing the convention and trade center facility and services. (6) A public facilities district may enter into contracts with a county for the purpose of exercising any powers of a community renewal agency under chapter 35.81 RCW. (7) The legislative authority of a city or county, the board of directors of a public nonprofit corporation, or the state of Washington may transfer property to a public facilities district created under this chapter, with or without consideration. No property that is encumbered with debt or that is in need of major capital renovation may be transferred to the district without the agreement of the district and revenues adequate to retire the existing indebtedness. (8) A public facilities district may enter into agreements with the state, any municipal corporation, or any other governmental entity for the design, financing, acquisition, development, construction, reconstruction, lease, remodeling, alteration, maintenance, equipping, reequipping, repair, operation, or management of one or more facilities of the parties thereto. Agreements may provide that any party to the contract designs, finances, acquires, develops, constructs, reconstructs, remodels, alters, maintains, equips, reequips, repairs, and operates one or more facilities for the other party or parties to the contract. A public facilities district may enter into an agreement with the state, any municipal corporation, or other public or private entity that will assist a public facilities [ 2 1 district in the financing of all or any part of a district facility on such terms as may be determined by agreement between the respective parties, including without limitation by a loan, guaranty, or other financing agreement. [2010 1st sp.s. c 15 § 2; 2002 c 218 § 26; 1995 3rd sp.s. c 1 § 301; 1995 1st sp.s. c 14 § 1; 1995 c 396 § 1; 1989 1st ex.s. c 8 § 1; 1988 ex.s. c 1 § 11.] Findings—Intent-2010 1st sp.s. c 15: "(1) The legislature finds that conventions and trade shows provide both direct and indirect civic and economic benefits. It is the intent of the legislature to provide for the transfer of the governance and financing of the state convention and trade center to a public facilities district formed by a county with a population of one million five hundred thousand or more to acquire, own, and operate the convention and trade center. The legislature also intends to replace, in connection with such transfer, the authority under chapter 67.40 RCW of the state and city to impose excise taxes on the sale of or charge made for the furnishing of lodging to fund the state convention and trade center with authority for the public facilities district to impose lodging taxes at these rates, without affecting the existing authority of the state, county, cities, and other municipal corporations to impose taxes on the sale or charge made for the furnishing of lodging under existing caps on the aggregate rate that may be charged. (2) The legislature further finds that the location of the convention and trade center particularly benefits and increases the occupancy of larger hotels and other lodging facilities in the city in which it is located and to a lesser extent in the remainder of the county in which it is located. The legislature finds that imposing excise taxes on the sale of or charge made for the furnishing of lodging at the rates authorized in section 5 of this act is an appropriate method of paying for the cost of acquiring, constructing, owning, remodeling, maintaining, equipping, reequipping, repairing, altering, and operating a convention and trade center." [2010 1st sp.s. c 15 § 1.] Construction -2010 1st sp.s. c 15: "The provisions of *this chapter must be liberally construed to effect the policies and purposes of *this chapter." [2010 1st sp.s. c 15 § 20.] *Reviser's note: The reference to "this chapter" appears to be erroneous. Reference to chapter 36.100 RCW was apparently intended. Severability—Savings—Construction-2002 c 218: See notes following RCW 35.81.005. Part headings not law—Effective date -1995 3rd sp.s. c 1: See notes following RCW 82.14.0485. Severability -1995 1st sp.s. c 14: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 1st sp.s. c 14 § 12.] Effective dates -1995 1st sp.s. c 14: "(1) Sections 1 through 9 and 11 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government [ 3 1 and its existing public institutions, and shall take effect July 1, 1995. (2) Sections 10 and 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [June 14, 1995]." [1995 1st sp.s. c 14 § 13.1 Severability -1995 c 396: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 c 396 § 19.] RCW 36.100.020 Governance—Board of directors. (1)(a) A public facilities district must be governed by a board of directors consisting of five, seven, or nine members as provided in this section. (b) If the largest city in the county has a population that is at least forty percent of the total county population, the board of directors of the public facilities district must consist of five members selected as follows: (i) Two members appointed by the county legislative authority to serve for four-year staggered terms; (ii) Two members appointed by the city council of the largest city in the county to serve for four-year staggered terms; and (iii) One person to serve for a four-year term who is selected by the other directors. (c)(i) Except as provided in (c)(ii) of this subsection (1), if the largest city in the county has a population of less than forty percent of the total county population, the county legislative authority must establish in the resolution creating the public facilities district whether the board of directors of the public facilities district has either five or seven members, and the county legislative authority must appoint the members of the board of directors to reflect the interests of cities and towns in the county, as well as the unincorporated area of the county. (ii) However, if the county has a population of one million five hundred thousand or more, the largest city in the county has a population of less than forty percent of the total county population, and the county operates under a county charter, which provides for an elected county executive, the members of the board of directors must be appointed as follows: (A) If the public facilities district is created to construct a baseball stadium as defined in RCW 82.14.0485, three members must be appointed by the governor and the remaining members must be appointed by the county executive subject to confirmation by the county legislative authority. Of the members appointed by the governor, the speaker of the house of representatives and the majority leader of the senate must each recommend to the governor a person to be appointed to the board; and (B) If the public facilities district is created to acquire, own, and operate a convention and trade center, following the expiration of the terms of the initial board of directors, three members must be appointed by the governor, three members must be nominated by the county executive subject to confirmation by the county legislative [ 4 1 authority, and three members must be nominated by the mayor of the city in which the convention and trade center is located subject to confirmation by the city legislative authority. Members of the board of directors may not be members of the legislative authority of the county or any city within the county. (d) The initial board of directors of a public facilities district created in a county of one million five hundred thousand or more to acquire, own, and operate a convention and trade center must be comprised of the nine members of the board of the public nonprofit corporation that transfers the convention and trade center to the public facilities district under RCW 36.100.230. The governor must designate which of the initial board members must serve two-year terms and which must serve four-year terms and identify the board positions to which successors to initial directors are to be appointed by the county and the city. (2) At least one member on the board of directors must be representative of the lodging industry in the public facilities district before the public facilities district imposes the excise tax under RCW 36.100.040(1). Of the members of the board of directors of a public facilities district created in a county of one million five hundred thousand or more to acquire, own, and operate a convention and trade center, one of the governor's appointments and one of the county's appointments must be representative of the lodging industry in the public facilities district and one of the city's appointments must be representative of organized labor, except that these requirements do not apply to the initial board of such district. (3) Members of the board of directors must serve four-year terms of office, except that two of the initial five board members, three of the initial seven board members, and four of the initial nine board members must serve two-year terms of office. (4) A vacancy must be filled in the same manner as the original appointment was made and the person appointed to fill a vacancy must serve for the remainder of the unexpired term of the office for the position to which he or she was appointed. (5) Any director may be removed from office by the person or entity that appointed or confirmed such director for any reason or for no reason as follows: A director appointed by the governor may be removed from office by the governor; and any director confirmed by a city or county legislative authority may be removed from office by action of at least two-thirds of the members of the legislative authority that confirmed the director. [2010 1st sp.s. c 15 § 3; 1995 3rd sp.s. c 1 § 302; 1995 1st sp.s. c 14 § 2; 1995 c 396 § 2; 1989 lst ex.s. c 8 § 2; 1988 ex.s. c 1 § 12.] Findings—Intent—Constxuction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. Part headings not law Effective date -1995 3rd sp.s_ c 1: See notes following RCW 82.14.0485. Severability—Effective dates -1995 1st sp.s. c 14: See notes following RCW 36.100.010. Severability -1995 c 396: See note following RCW 36.100-010, [ 5 1 RCW 36.100.025 Independent financial feasibility review—When required—Public document. (1) An independent financial feasibility review under this section is required to be performed prior to any of the following events: (a) The formation of a public facilities district under this chapter; (b) The issuance of any indebtedness, excluding the issuance of obligations to refund or replace such indebtedness, by a public facilities district under this chapter; or (c) The long-term lease, purchase, or development of a facility under this chapter. (2) The independent financial feasibility review required by this section must be conducted by the department of commerce through the municipal research and services center under RCW 43.110.030 or under a contract with another entity under the authority of RCW 43.110.080. The review must examine the potential costs to be incurred by the public facility [facilities] district and the adequacy of revenues or expected revenues to meet those costs. The cost of the independent financial feasibility review must be borne by the public facility [facilities] district or the local government proposing to form a public facility [facilities] district. (3) The independent financial feasibility review, upon completion, must be a public document and must be submitted to the governor, the state treasurer, the state auditor, the public facility [facilities] district and participating local political subdivisions, and appropriate committees of the legislature. [2012 c 4 § 2.] RCW 36.100.027 Statutorily authorized taxing authority. After June 7, 2012, the statutorily authorized taxing authority of a public facility [facilities] district may not be restricted in any manner by the forming jurisdiction or jurisdictions or by any action of the public facility [facilities] district. [2012 c 4 § 4.] RCW 36.100.030 Facilities—Agreements—Fees. (1) A public facilities district is authorized to acquire, construct, own, remodel, maintain, equip, reequip, repair, and operate (a) sports facilities, entertainment facilities, convention facilities, including without limitation any convention and trade center transferred from a public nonprofit corporation under RCW 36.100.230(1), or regional centers as defined in RCW 35.57.020, and (b) for districts formed after January 1, 2000, recreational facilities other than ski areas, together with contiguous parking facilities. The taxes that are provided for in this chapter may only be imposed for these purposes, including without limitation implementing any redemption, prepayment, or legal defeasance of outstanding obligations under RCW 36.100.230(3)(a). (2) A public facilities district may enter into agreements under chapter 39.34 RCW for the design, financing, acquisition, development, construction, reconstruction, lease, remodeling, alteration, maintenance, equipping, reequipping, repair, operation, or management of such facilities and may enter into contracts under chapter 39.34 RCW where any party to the contract provides and operates such facilities for the other party or parties to the contract. A public facilities district may enter into agreements under chapter 39.34 RCW that will assist a public facilities district in the financing of all [ 6 1 or any part of a district facility on such terms as may be determined by agreement between the respective parties, including without limitation by a loan, guaranty, or other financing agreement. (3) Notwithstanding the establishment of a career, civil, or merit service system, a public facilities district may contract with a public or private entity for the operation or management of its public facilities. (4) A public facilities district is authorized to use the supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the design, construction, reconstruction, remodel, or alteration of any of its public facilities. (5) A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations. [2010 1st sp.s. c 15 § 4; 2003 c 376 § 1; 1999 c 165 § 16; 1995 1st sp.s. c 14 § 3; 1995 c 396 § 3; 1989 lst ex.s. c 8 § 3; 1988 ex.s. c 1 § 13.1 Findings—Intent—Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. Severability—Effective dates -1995 1st sp.s. c 14: See notes following RCW 36.100.010. Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.035 Additional powers and restrictions on district that constructs baseball stadium. In addition to other powers and restrictions on a public facilities district, the following shall apply to a public facilities district, located in a county with a population of one million or more, that constructs a baseball stadium: (1) The public facilities district, in consultation with the professional baseball team that will use the stadium, shall have the authority to determine the stadium site; (2) The public facilities district, in consultation with the professional baseball team that will use the stadium, shall have the authority to establish the overall scope of the stadium project, including, but not limited to, the stadium itself, associated parking facilities, associated retail and office development that are part of the stadium facility, and ancillary services or facilities; (3) The public facilities district, in consultation with the professional baseball team that will use the stadium, shall have the final authority to make the final determination of the stadium design and specifications; (4) The public facilities district shall have the authority to contract with the baseball team that will use the stadium to obtain architectural, engineering, environmental, and other professional services related to the stadium site and design options, environmental study requirements, and obtaining necessary permits for the stadium facility; (5) The public facilities district, in consultation with the professional baseball team that will use the stadium, shall have the authority to establish the project budget and bidding specifications and requirements on the stadium project; [ 7 1 (6) The public facilities district, in consultation with the professional baseball team that will use the stadium and the county in which the public facilities district is located, shall have the authority to structure the financing of the stadium facility project; and (7) The public facilities district shall consult with the house of representatives executive rules committee and the senate facilities and operations committee before selecting a name for the stadium. As used in this section, "stadium" and "baseball stadium" mean a "baseball stadium" as defined in RCW 82.14.0485. [1995 3rd sp.s. c 1 § 303.] Part headings not law Effective date -1995 3rd sp.s. c 1: See notes following RCW 82.14.0485. RCW 36.100.036 Donated moneys for baseball stadium. A public facilities district may accept and expend moneys that may be donated for the purpose of a baseball stadium as defined in RCW 82.14.0485. [1995 3rd sp.s. c 1 § 304.] Part headings not law—Effective date -1995 3rd sp.s. c 1: See notes following RCW 82.14.0485. RCW 36.100.037 Baseball stadium construction agreement. The public facilities district, the county, and the city with the largest population in the county shall enter into an agreement regarding the construction of a baseball stadium as defined in RCW 82.14.0485. The agreement shall address, but not be limited to: (1) Expedited permit processing for the design and construction of the project; (2) Expedited environmental review processing; (3) Expedited processing of requests for street, right-of-way, or easement vacations necessary for the construction of the project; and (4) Other items deemed necessary for the design and construction of the project. [1995 3rd sp.s. c 1 § 308.1 Part headings not law—Effective date -1995 3rd sp.s. c 1: See notes following RCW 82.14.0485. RCW 36.100.040 Lodging tax authorized—Annual payment amount— Payment mountPayment of obligations Application of other tax provisions. (1) A public facilities district may impose an excise tax on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08 RCW, except that no such tax may be levied on any premises having fewer than forty lodging units. Except for any tax imposed under subsection (4) or (5) of this section, if a public facilities district has not imposed such an excise tax prior to December 31, 1995, the public facilities district may only impose the excise tax if a ballot proposition authorizing the imposition of the tax has been approved by a simple majority vote of voters of the public facilities district voting on the proposition. (2) The rate of the tax may not exceed two percent and the proceeds of the tax may only be used for the acquisition, design, construction, remodeling, maintenance, equipping, reequipping, repairing, and operation of its public facilities. This excise tax may not be imposed until the district has approved the proposal to acquire, design, and construct the public facilities. (3) Except for a public facilities district created within a county with a population of one million five hundred thousand or more for the purpose of acquiring, owning, and operating a convention and trade center, a public facilities district may not impose the tax authorized in this section if, after the tax authorized in this section was imposed, the effective combined rate of state and local excise taxes, including sales and use taxes and excise taxes on lodging, imposed on the sale of or charge made for furnishing of lodging in any jurisdiction in the public facilities district exceeds eleven and one-half percent. (4)(a) To replace the tax.authorized by *RCW 67.40.090, a public facilities district created within a county with a population of one million five hundred thousand or more for the purpose of acquiring, owning, operating, renovating, and expanding a convention and trade center may impose an excise tax on the sale of or charge made for the furnishing of lodging (including but not limited to any short-term rental) that is subject to tax under chapter 62.08 RCW, except that no such tax may be levied on: (i) Any premises: (A) Having fewer than sixty lodging units if the premises is located in a town with a population less than three hundred; or (B) Classified as a hostel; (ii) Any lodging that is concurrently subject to a tax on engaging in the business of being a short-term rental operator imposed by a city in which a convention and trade center is located; or (iii) Any lodging that is operated by a university health care system exclusively for family members of patients. (b) The rate of the tax may not exceed seven percent within the portion of the district that corresponds to the boundaries of the largest city within the public facilities district and may not exceed 2.8 percent in the remainder of the district. The tax imposed under this subsection (4) may not be collected prior to the transfer date defined in RCW 36.100.230. (5) To replace the tax authorized by *RCW 67.40.130, a public facilities district created within a county with a population of one million five hundred thousand or more for the purpose of acquiring, owning, operating, renovating, and expanding a convention and trade center may impose an additional excise tax on the sale of or charge made for the furnishing of lodging (including but not limited to any short-term rental) that is subject to tax under chapter 82.08 RCW, except that no such tax may be levied on any premises: (a) Having fewer than sixty lodging units if the premises is located in a town with a population less than three hundred; or (b) classified as a hostel. The rate of the additional excise tax may not exceed two percent and may be imposed only within the portion of the district that corresponds to the boundaries of the largest city within the public facilities district and may not be imposed in the remainder of the district. The tax imposed under this subsection (5) may not be collected prior to the transfer date specified in RCW 36.100.230. The tax imposed under this subsection (5) must be credited against the amount of the tax otherwise due to the state from those same taxpayers under chapter 82.08 RCW. The tax under this subsection (5) may be imposed only for the purpose of paying or securing the payment of the I�� principal of and interest on obligations issued or incurred by the public facilities district and paying annual payment amounts to the state under subsection (6)(a) of this section. The authority to impose the additional excise tax under this subsection (5) expires on the date that is the earlier of (i) July 1, 2029, or (ii) the date on which all obligations issued or incurred by the public facilities district to implement any redemption, prepayment, or legal defeasance of outstanding obligations under RCW 36.100.230(3)(x) are no longer outstanding. (6)(a) Commencing with the first full fiscal year of the state after the transfer date defined in RCW 36.100.230 and for so long as a public facilities district imposes a tax under subsection (5) of this section, the public facilities district must transfer to the state of Washington on June 30th of each state fiscal year an annual payment amount. (b) For the purposes of this subsection (6), "annual payment amount" means an amount equal to revenues received by the public facilities district in the fiscal year from the additional excise tax imposed under subsection (5) of this section plus an interest charge calculated on one-half the annual payment amount times an interest rate equal to the average annual rate of return for the prior calendar year in the Washington state local government investment pool created in chapter 43.250 RCW. (c)(i) If the public facilities district in any fiscal year is required to apply additional lodging excise tax revenues to the payment of principal and interest on obligations it issues or incurs, and the public facilities district is unable to pay all or any portion of the annual payment amount to the state, the deficiency is deemed to be a loan from the state to the public facilities district for the purpose of assisting the district in paying such principal and interest and must be repaid by the public facilities district to the state after providing for the payment of the principal of and interest on obligations issued or incurred by the public facilities district, all on terms established by an agreement between the state treasurer and the public facilities district executed prior to the transfer date. Any agreement between the state treasurer and the public facilities district must specify the term for the repayment of the deficiency in the annual payment amount with an interest rate equal to the twenty bond general obligation bond buyer index plus one percentage point. (ii) Outstanding obligations to repay any loans deemed to have been made to the public facilities district as provided in any such agreements between the state treasurer and the public facilities district survive the expiration of the additional excise tax under subsection (5) of this section. (iii) For the purposes of this subsection (6)(c), "additional lodging excise tax revenues" mean the tax revenues received by the public facilities district under subsection (5) of this section. (7) A public facilities district is authorized to pledge any of its revenues, including without limitation revenues from the taxes authorized in this section, to pay or secure the payment of obligations issued or incurred by the public facilities district, subject to the terms established by the board of directors of the public facilities district. So long as a pledge of the taxes authorized under this section is in effect, the legislature may not withdraw or modify the authority to levy and collect the taxes at the rates permitted under this section and may not increase the annual [ 10 ] payment amount to be transferred to the state under subsection (6) of this section. (8) The department of revenue must perform the collection of such taxes on behalf of the public facilities district at no cost to the district, and the state treasurer must distribute those taxes as available on a monthly basis to the district or, upon the direction of the district, to a fiscal agent, paying agent, or trustee for obligations issued or incurred by the district. (9) Except as expressly provided in this chapter, all of the provisions contained in RCW 82.08.050 and 82.08.060 and chapter 82.32 RCW have full force and application with respect to taxes imposed under the provisions of this section. (10) In determining the effective combined rate of tax for purposes of the limit in subsection (3) of this section, the tax rate under RCW 82.14.530 is not included. (11) The taxes imposed in this section do not apply to sales of temporary medical housing exempt under RCW 82.08.997. (12) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a)(i) "Hostel" means a structure or facility where a majority of the rooms for sleeping accommodations are hostel dormitories containing a minimum of four standard beds designed for single -person occupancy within the facility. Hostel accommodations are supervised and must include at least one common area and at least one common kitchen for guest use. (ii) For the purpose of this subsection (12)(a), "hostel dormitory" means a single room, containing four or more standard beds designed for single -person occupancy, used exclusively as nonprivate communal sleeping quarters, generally for unrelated persons, where such persons independently acquire the right to occupy individual beds, with the operator supervising and determining which bed each person will occupy. (b) "Short-term rental" means a lodging use, that is not a hotel or motel, in which a dwelling unit, or portion thereof, that is offered or provided to a guest or guests by a short-term rental operator for a fee for fewer than thirty consecutive nights. The term "short-term rental" does not include: (i) A dwelling unit, or portion thereof, that is used by the same person for thirty or more consecutive nights; and (ii) A dwelling unit, or portion thereof, that is operated by an organization or government entity that is registered as a charitable organization with the secretary of state, state of Washington, and/or is classified by the federal internal revenue service as a public charity or a private foundation, and provides temporary housing to individuals who are being treated for trauma, injury, or disease and/or their family members. (13) Taxes authorized under subsections (4) and (5) of this section are deemed to have been imposed on December 1, 2000, for the purposes of RCW 82.14.410. (14)(a) Beginning on the date that the condition in (b) of this subsection is satisfied, a public facilities district created within a county with a population of one million five hundred thousand or more for the purpose of acquiring, owning, operating, renovating, and expanding a convention and trade center must make quarterly payments from tax revenue collected by a public facilities district as a result of the tax imposed in chapter 245, Laws of 2018 to a city in which the convention and trade center is located that has authorized on or before December 31, 2017, a tax on engaging in the business of being a short-term rental operator. Such payments must be made no more than thirty days after the last day of each fiscal quarter and must equal the portion of the revenues received by the public facilities district during such fiscal quarter from the lodging taxes authorized under subscction (4) of this section that are determined by the department of revenue to be derived from the short-term rental activity within such city. (b) The public facilities district is not required to make any payments under this subsection (14) unless the city has repealed any ordinance authorizing a tax on engaging in the business of being a short-term rental operator. (c) The public facilities district is not required to make any payments to a city under this subsection (14), if the city, after satisfying the condition in (b) of this subsection imposes any tax specifically on the act of engaging in the business of being a short- term rental operator. (d) The proceeds of any payments made by a public facilities district to a city under this subsection (14) must be used by the city to support community -initiated equitable development and affordable housing programs, as determined by the city in its sole discretion. (15) Fifty percent of any tax revenue collected by a public facilities district as a result of the tax imposed in chapter 245, Laws of 2018 must be distributed by the public facilities district to the county in which the convention and trade center is located. However, if a city has satisfied the condition in subsection (14)(b) of this section, payments made under this subsection to the county in which the convention and trade center is located must be calculated after deducting any payments made to a city under subsection (14) of this section from the total tax revenue received by the public facilities district as a result of the enactment of chapter 245, Laws of 2018. The proceeds of such payments to a county under this subsection (15) must be used by the county to support affordable housing programs, as determined by the county, in its sole discretion. [2018 c 245 § 2; 2015 3rd sp.s. c 24 § 702; 2015 c 151 § 1; 2010 1st sp.s. c 15 § 5; 2008 c 137 § 5; 2002 c 178 § 5; 1995 c 396 § 4; 1989 1st ex.s. c 8 § 4; 1988 ex.s. c 1 § 14.] *Reviser's note: RCW 67.40.090 and 67.40.130 were repealed by 2010 1st sp.s. c 15 § 14, effective November 30, 2010. Effective date -2018 c 245: "This act takes effect October 1, 2018." [2018 c 245 § 3.] Findings—Intent-2018 c 245: "(1) The legislature finds that it is in the public interest that taxation of lodging not distort the market for different types of lodging and that all types of lodging participate in the funding of the public benefits supported with lodging tax revenue. (2) The legislature further finds that, with respect to the lodging taxes levied under RCW 36.100.040 (4) and (5), the current significant disparity in the taxation of sales of lodging on premises having fewer than sixty lodging units compared to premises having sixty or more units is contrary to the public interest in both equitable taxation and adequately supporting the public benefits funded by lodging tax revenue. [ 12 1 (3) It is the intent of this act to equalize the taxation levied under RCW 36.100.040 (4) and (5) by applying it to all lodging, regardless of the number of lodging units in premises subject to such taxation." [2018 c 245 § 1.] Construction -2015 3rd sp.s. c 24: See note following RCW 36.160.030. Effective date -2015 c 151: "This act takes effect August 1, 2015." [2015 c 151 § 2.] Findings---Intent---Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. Effective date -2008 c 137: See note following RCW 82.08.997. Retroactive application—Effective date -2002 c 178: See notes following RCW 67.28.180. Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.042 Lodging license fee or tax in excess of rate imposed on retail businesses prohibited. (1) Except as provided in chapters 35.101, 67.28, and 82.14 RCW, after January 1, 1983, no city, town, or county in which the tax under RCW 36.100.040 (4) and (5) is imposed may impose a license fee or tax on the act or privilege of engaging in business to furnish lodging by a hotel, rooming house, tourist court, motel, trailer camp, or similar facilities in excess of the rate imposed upon other persons engaged in the business of making sales at retail. (2) For the purposes of this section, "sales at retail" has the same meaning as provided in RCW 82.04.050. [2010 1st sp.s. c 15 § 9.] Findings—Intent—Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. RCW 36.100.050 Ad valorem property tax. (1) A public facilities 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 to be used for operating or capital purposes whenever authorized by the voters of the district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution. (2) A public facilities 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 percent limitation, whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056. [1988 ex.s. c 1 § 15.] RCW 36.100.060 General obligation bonds Termination, reauthorization of excise tax. (1) To carry out the purpose of this chapter, a public facilities district may issue general obligation bonds, not to exceed an amount, together with any outstanding nonvoter [ 13 1 approved general obligation indebtedness, equal to one-half of one 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 public facilities district additionally may issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and one- fourth 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 public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in this chapter. (2) General obligation bonds may be issued with a maturity of up to thirty years, and must be issued and sold in accordance with the provisions of chapter 39.46 RCW. If the public facilities district is formed by a county with a population of one million five hundred thousand or more to acquire, own, and operate a convention and trade center, general obligation bonds may be issued with a maturity of up to forty years, and must be issued and sold in accordance with the provisions of chapter 39.46 RCW. In addition to the powers vested in it under RCW 39.46.030, a public facilities district created by a county with a population of one million five hundred thousand or more to acquire, own, and operate a convention and trade center may appoint, and may specify the rights and duties of, trustees with respect to its bonds, and such trustees may receive, hold, disburse, invest, and reinvest funds on the district's behalf and for the protection of the district's bond owners. (3) The general obligation bonds may be payable from the operating revenues of the public facilities district in addition to the tax receipts of the district. (4) The excise tax imposed pursuant to RCW 36.100.040(1) terminates upon final payment of all bonded indebtedness for its public facilities, except that the excise tax may be reauthorized by a public vote, in the same manner as originally authorized, for funding of additional public facilities or a regional center. [2010 1st sp.s_ c 15 § 6; 1999 c 165 § 15; 1995 1st sp.s. c 14 § 4; 1995 c 396 § 5; 1989 1st ex.s. c 8 § 5; 1988 ex.s. c 1 § 16.1 Findings—Intent—Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. Severability—Effective dates -1995 1st sp.s. c 14: See notes following RCW 36.100.010. Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.070 Acquisition and transfer of real and personal property. A public facilities district may acquire and transfer real and personal property by lease, sublease, purchase, or sale. [1988 ex.s. c 1 § 17.] RCW 36.100.080 Direct or collateral attack barred after thirty days. No direct or collateral attack on any public facilities district purported to be authorized or created in conformance with [ 14 1 this chapter may be commenced more than thirty days after creation by the county legislative authority. [1995 1st sp.s. c 14 § 5.] Severability Effective dates -1995 1st sp.s. c 14: See notes following RCW 36.100.010. RCW 36.100.090 Tax deferral New public facilities. (1) The governing board of a public facilities district may apply for deferral of taxes on the construction of buildings, site preparation, and the acquisition of related machinery and equipment for a new public facility. Application shall be made to the department of revenue in a form and manner prescribed by the department of revenue. The application shall contain information regarding the location of the public facility, estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within sixty days if it meets the requirements of this section. (2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on the public facility. The use of the certificate shall be governed by rules established by the department of revenue. (3) The public facilities district shall begin paying the deferred taxes in the fifth year after the date certified by the department of revenue as the date on which the public facility is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment shall equal ten percent of the aeterreca tax. (4) The department of revenue may authorize an accelerated repayment schedule upon request of the public facilities district. (5) Interest shall not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of the public facilities district. (6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section. (7) As used in this section, "public facility" means a baseball stadium with a retractable roof or canopy and natural turf. [1995 1st sp.s. c 14 § 6.] Severability—Effective dates --1995 1st sp.s. c 14: See notes following RCW 36.100.010. RCW 36.100.100 Ex officio treasurer. The treasurer of the county in which a public facilities district is located must be the ex officio treasurer of the district, unless the board of directors of a public facilities district created in a county of one million five hundred thousand or more designates by resolution another person [ 15 1 having experience in financial or fiscal matters as the treasurer of the district. Such a treasurer possesses all of the powers, responsibilities, and duties of, and is subject to the same restrictions as provided by law for, a county treasurer with regard to district financial matters. Such treasurer must be bonded for not less than twenty-five thousand dollars. [2010 1st sp.s. c 15 § 7; 1995 c 396 § 7.] Findings—Intent—Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.110 Travel, expense reimbursement policy—Required. The board of directors of the public facilities district shall adopt a resolution that may be amended from time to time that shall establish the basic requirements governing methods and amounts of reimbursement payable to such district officials and employees for travel and other business expenses incurred on behalf of the district. The resolution shall, among other things, establish procedures for approving such expenses; the form of the travel and expense voucher; and requirements governing the use of credit cards issued in the name of the district. The resolution may also establish procedures for payment of per diem to board members. The state auditor shall, as provided by general law, cooperate with the public facilities district in establishing adequate procedures for regulating and auditing the reimbursement of all such expenses. [1995 c 396 § 8.1 Severability -1995 c 396: See note following RCW 36.300.010, RCW 36.100.120 Travel, expense reimbursement policy— Limitations. The board of directors of the public facilities district may authorize payment of actual and necessary expenses of officers and employees for lodging, meals, and travel --related costs incurred in attending meetings or conferences on behalf of the public facilities district and strictly in the public interest and for public purposes. Officers and employees may be advanced sufficient sums to cover their anticipated expenses in accordance with rules adopted by the state auditor, which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1995 c 396 § 9.] Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.130 Board of directors—Compensation. Each member of the board of directors of the public facilities district may receive compensation of fifty dollars per day for attending meetings or conferences on behalf of the district, not to exceed three thousand dollars per year. A director may waive all or a portion of his or her compensation under this section as to a month or months during his or her term of office, by a written waiver filed with the public facilities district. The compensation provided in this section is in addition to reimbursement for expenses paid to the directors by the public facilities district. [1995 c 396 § 10.1 [ 16 1 Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.140 Liability insurance. The board of directors of the public facilities district may purchase liability insurance with such limits as the directors may deem reasonable for the purpose of protecting and holding personally harmless district officers and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties. [1995 c 396 § 11.] Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.150 Costs of defense. Whenever an action, claim, or proceeding is instituted against a person who is or was an officer or employee of the public facilities district arising out of the performance of duties for or employment with the district, the public facilities district may grant a request by the person that the attorney of the district's choosing be authorized to defend the claim, suit, or proceeding, and the costs of defense, attorneys' fees, and obligation for payments arising from the action may be paid from the district's funds. Costs of defense or judgment or settlement against the person shall not be paid in a case where the court has found that the person was not acting in good faith or within the scope of employment with or duties for the public facilities district. [1995 c 396 § 12.] Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.160 Expenditure of funds—Purposes. (1) The board of directors of the public facilities district shall have authority to authorize the expenditure of funds for the public purposes of preparing and distributing information to the general public and promoting, advertising, improving, developing, operating, and maintaining facilities of the district. For promotional activities the district board must: (a) Identify the proposed expenditure in its annual budget; and (b) adopt written rules governing promotional hosting by employees, agents, and the board, including requirements for identifying and evaluating the public benefits to be derived and documenting the public benefits realized. (2) Nothing contained in this section may be construed to authorise preparation and distribution of information to the general public for the purpose of influencing the outcome of a district election. [2009 c 167 § 1; 1995 c 396 § 13.1 Severability -1995 c 396: See note following RCW 36.100.010 RCW 36.100.170 Employees Benefits. The public facilities district shall have authority to create and fill positions, fix wages, salaries, and bonds therefor, pay costs involved in securing or arranging to secure employees, and establish benefits for employees, including holiday pay, vacations or vacation pay, retirement benefits, [ 17 1 medical, life, accident, or health disability insurance, as approved by the board. Public facilities district board members, at their own expense, shall be entitled to medical, life, accident, or health disability insurance. Insurance for employees and board members shall not be considered compensation. District coverage for the board is not to exceed that provided public facilities district employees. [1995 c 396 § 14.] Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.180 Service provider agreements—Competitive solicitation process for personal service contracts of one hundred fifty thousand dollars or more Exceptions. (1) The public facilities district may secure services by means of an agreement with a service provider. The public facilities district shall publish notice, establish criteria, receive and evaluate proposals, and negotiate with respondents under requirements set forth by district resolution. (2) For personal service contracts of one hundred fifty thousand dollars or greater not otherwise governed by chapter 39.80 RCW, contracts for architectural and engineering services, a competitive solicitation process is required. The district shall establish the process by resolution, which must at a minimum include the following: (a) Notice. A notice inviting statements of either qualifications or proposals, or both, from interested parties must be published in a newspaper of general circulation throughout the county in which the district is located at least ten days before the date for submitting the statements of qualifications or proposals. (b) Description of services required. The request for statements of either qualifications or proposals, or both published or provided to interested parties must describe the services required and list the types of information and data required of each proposal. It may also describe the evaluation criteria and state the relative importance of the criteria if then available. (c) Review and evaluation. The district shall establish a process to review and evaluate statements of either qualifications or proposals, or both. That process may include a selection board identified by the district or some other panel of evaluators. If appropriate, the reviewers may hear oral presentations by proposers. (d) Selection. The evaluators shall select and rank the most qualified proposers. In selecting and ranking such proposers, the selection board shall consider the evaluation criteria established by the district and may consider such other information as may be secured during the evaluation process related to a proposer's qualifications and experience. (e) Negotiations. The district shall enter into contract negotiations with the top-ranked proposer or proposers identified in the selection process. Negotiations may be conducted concurrently or sequentially as may be allowed by law. (f) Approval. When negotiations are complete, the proposed contract will be presented to the district's governing body at its next regularly scheduled meeting for approval or ratification. (3) Exceptions. The requirements of this section need not be met in the following circumstances: (a) Emergency. When the contracting authority makes a finding that an emergency requires the immediate execution of the work involved. As used in this subsection, "emergency" has the same meaning as provided in *RCW 39.29.006; (b) Contract amendment. Amendments to existing service contracts are exempt from these requirements; and (c) Sole source. In the event that the services being sought can only be obtained from a single source, then the district shall make a formal written finding stating the factual basis for the exception and the solicitation requirements of this section do not apply. As used in this subsection, "sole source" has the same meaning as provided in *RCW 39.29.006. (4) Prospective application. Nothing in this section affects the validity or effect of any district contract executed prior to July 26, 2009. [2009 c 533 § 4; 1995 c 396 § 15.] *Reviser's note: RCW 39.29.006 was repealed by 2012 c 224 § 29, effective January 1, 2013. Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.190 Purchases and sales—Procedures. In addition to provisions contained in chapter 39.04 RCW, the public facilities district is authorized to follow procedures contained in chapter 39.26 RCW for all purchases, contracts for purchase, and sales. [2015 c 79 § 3; 1995 c 396 § 16.1 Severability -1995 c 396: See note following RCW 36.100.010. RCW 36.100.200 Revenue bonds—Limitations. (1) A public facilities district may issue revenue bonds to fund revenue generating facilities, or portions of facilities, which it is authorized to provide or operate. Whenever revenue bonds are to be issued, the board of directors of the district shall create or have created a special fund or funds from which, along with any reserves created pursuant to RCW 39.44.140, the principal and interest on such revenue bonds shall exclusively be payable. The board may obligate the district to set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the revenues from the public improvements, projects, or facilities, and all related additions, that are funded by the revenue bonds. This amount or proportion shall be a lien and charge against these revenues, subject only to operating and maintenance expenses. The board shall have due regard for the cost of operation and maintenance of the public improvements, projects, or facilities, or additions, that are funded by the revenue bonds, and shall not set aside into the special fund or funds a greater amount or proportion of the revenues that in its judgment will be available over and above the cost of maintenance and operation and the amount or proportion, if any, of the revenue so previously pledged. The board may also provide that revenue bonds payable out of the same source or sources of revenue may later be issued on a parity with any revenue bonds being issued and sold. (2) Revenue 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 the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The owner or bearer of [ 19 1 a revenue 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 payment from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The substance of the limitations included in Lhis subsection shall be plainly printed, written, or engraved on each bond issued pursuant to this section. (3) Revenue bonds with a maturity in, excess of thirty years shall not be issued. The board of directors of the district shall by resolution determine for each revenue bond issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, and covenants including the refunding of existing revenue bonds. Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same manner as revenue bonds are issued. [1995 c 396 § 17.1 Severability -1995 c 396: See note following RCW 36.100.010, Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160. Funds for reserve purposes may be included in issue amount: RCW 39.44.140. RCW 36.100.205 Bonds issued are securities. Bonds issued under this chapter are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds and other obligations of the state are now or may hereafter be authorized by law. [2010 1st sp.s. c 15 § 11.] Findings—Intent—Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. RCW 36.100.210 Tax on admissions. A public facility district may levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to a regional center, as defined in RCW 35.57.020. This includes a tax on persons who are admitted free of charge or at reduced rates if other persons pay a charge or a regular higher charge for the same privileges or accommodations. The term "admission charge" includes: (1) A charge made for season tickets or subscriptions; [ 20 1 (2) A cover charge, or a charge made for use of seats and tables reserved or otherwise, and other similar accommodations; (3) A charge made for food and refreshment if free entertainment, recreation, or amusement is provided; (4) A charge made for rental or use of equipment or facilities for purposes of rec;reaLion or amusement; if the rental of the equipment or facilities is necessary to the enjoyment of a privilege for which a general admission is charged, the combined charges shall be considered as the admission charge; (5) Automobile parking charges if the amount of the charge is determined according to the number of passengers in the automobile. [1999 c 165 § 17.1 RCW 36.100.220 Tax on vehicle parking charges. (1) A public facility district may levy and fix a tax on any vehicle parking charges imposed at any parking facility that is owned or leased by the public facility district as part of a regional center, as defined in RCW 35.57.020, or a baseball stadium, as defined in RCW 82.14.0485. No county, city, or town within which the regional center or baseball stadium is located may impose a tax of the same or similar kind on any vehicle parking charges at the facility. (2) For the purposes of this section, "vehicle parking charges" means only the actual parking charges exclusive of taxes and service charges and the value of any other benefit conferred. (3) The tax authorized under this section must be at the rate of not more than ten percent. The tax authorized by this section with respect to a parking facility associated with a baseball stadium must be used exclusively to fund repair, reequipping, and capital improvement of the baseball stadium, and is not subject to the requirements of RCW 36.100.010(4). [2011 1st sp.s. c 38 § 3; 1999 c 165 § 18.1 RCW 36.100.230 Transfer of property, assets, and other interests from state convention and trade center public nonprofit to district— Necessary actions. (1) On the transfer date the board of directors of a public nonprofit corporation formed under *RCW 67.40.020 that owns and operates a state convention and trade center must transfer all lands, facilities, equipment, assets, other interests in real, personal, and intangible property, and interests under contracts, leases, licenses, and agreements under the control of that board of directors to a public facilities district created as provided in RCW 36.100.010 by the county in which the convention and trade center is located pursuant to an agreement with the public facilities district, subject to the review and approval of the state treasurer. (2) No real estate excise tax or other excise tax may be imposed with respect to the transfer of assets of the public nonprofit corporation to the public facilities district. (3) For the purposes of this section, "transfer date" means the date on or prior to June 30, 2011, on which provision has been made for all of the following, pursuant to agreements and other necessary arrangements approved by the state treasurer: (a) The redemption, prepayment, or legal defeasance on or prior to the transfer date of all outstanding borrowings and other financing obligations of the state of Washington and the public nonprofit [ 21 1 corporation with respect to the state convention and trade center, including state bonds and certificates of participation and related financing contracts; (b) The transfer to the public facilities district on the transfer date of the balances on deposit in the state convention and trade center operations account, the state convention and trade center account and other accounts relating to the state convention and trade center, including the revenues identified under (g)(ii) of this subsection (3); (c) The imposition by the public facilities district of excise taxes on the sale of or charge made for the furnishing of lodging under RCW 36.100.040 (4) and (5) at the maximum rates permitted in those subsections; (d) The transfer of all other assets and liabilities and, to the extent permissible by their terms, the assignment or transfer of all contracts and agreements of the public Nonprofit corporation from the public nonprofit corporation to the public facilities district; (e) The execution of an agreement settling all claims in the case of Tourism Alliance, a Washington nonprofit corporation; Craig Schafer; Claridge LLC, a Washington limited liability company; R.C. Hedreen Corporation, a Washington corporation; and on behalf of taxpayers, Andrew Olsen, Amy L. Dee, Christopher M. Dee, Clipper Navigation, Inc., a Washington corporation v. State of Washington and James L. McIntire, in his official capacity as State Treasurer of the State of Washington; (f) The payment or provision for payment of all fees, costs, and expenses incurred by the state of Washington and the public nonprofit corporation to effect such transfer; (g) An agreement of the public facilities district to transfer to the state on June 30, 2011, an amount equal to (i) the revenues from the tax imposed under RCW 36.100.040(5) during the state fiscal year ending June 30, 2011, plus (ii) the revenues from the tax imposed under **RCW 67.40.130 during the state fiscal year ending June 30, 2011; and (h) The agreement between the state treasurer and the public facilities district, referred to in RCW 36.100.040(6)(c)(i). [2010 1st sp.s. c 15 § 8.] Reviser's note: *(1) RCW 67.40.020 was repealed by 2010 1st sp.s. c 15 § 15, effective December 30, 2010. **(2) RCW 67.40.130 was repealed by 2010 1st sp.s. c 15 § 14. effective November 30, 2010. Contingent effective date ---2010 1st sp.s- c 15 § 14: "Section 14 of this act is effective contingent upon the transfer date occurring in section 8 of this act. If the transfer date occurs in section 8 of this act, section 14 of this act is effective on the transfer date. For the purposes of this section, "transfer date" has the same meaning as provided in section 8 of this act." [2010 1st sp.s. c 15 § 16.] The transfer date is November 30, 2010, and section 14 of this act takes effect November 30, 2010. Contingent effective date -2010 1st sp.s. c 15 § 15: "Section 15 of this act is effective contingent upon the transfer date occurring in section 8 of this act. If the transfer date occurs in section 8 of this act, section 15 of this act is effective thirty days after the transfer date in section 8 of this act. For the purposes of this [ 22 1 section, "transfer date" has the same meaning as provided in section 8 of this act." [2010 1st sp.s- c 15 § 17.] The transfer date is November 30, 2010, and section 15 of this act takes effect December 30, 2010. Notice of effective dates -2010 1st sp.s. c 15 §§ 16 and 17: "The state treasurer must provide written notice of the effective dates in sections 16 and 17 of this act to the department of revenue, the office of the code reviser, and others as deemed appropriate by the state treasurer." [2010 1st sp.s. c 15 § 18.] Written notice of the effective dates in sections 16 and 17 of this act [November 30, 2010. and December 30, 2010, respectively] was provided by the state treasurer to the office of the code reviser on November 18, 2010. Findings—Intent—Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. RCW 36.100.240 Eminent domain authorized. (1) Any county with a population of one million five hundred thousand or more that creates a public facilities district pursuant to this chapter to acquire, own, and operate a convention and trade center transferred from a public nonprofit corporation is authorized to acquire by condemnation property or property rights as may be necessary to carry out the purposes of such district. If the legislative body of such county chooses to exercise its authority to acquire property by eminent domain on behalf of such public facilities district, it must do so pursuant to the procedures set forth in chapter 8.08 RCW. (2) The accomplishment of the activities authorized by this chapter is declared to be a strictly public purpose of the municipality or municipal entities authorized to perform the same. (3) The powers and authority conferred by this section are in addition and supplemental to existing powers or authority. Nothing contained in this section limits any other powers or authority of any agency, political subdivision, or unit of local government of this state. [2010 1st sp.s. c 15 § 12.] Findings—intent—Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010. RCW 36.100.905 Construction -2010 1st sp.s. c 15. Nothing in chapter 15, Laws of 2010 lst sp. sess. may be construed to limit the authority of a public nonprofit corporation under *chapter 67.40 RCW prior to November 30, 2010. [2010 1st sp.s. c 15 § 10.] *Reviser's note: A majority of chapter 67.40 RCW was repealed by 2010 1st sp.s. c 15 § 14, effective November 30, 2010. RCW 67.40.020 was repealed by 2010 1st sp.s. c 15 § 15, effective December 30, 2010, Findings—Intent—Construction-2010 1st sp.s. c 15: See notes following RCW 36.100.010- [ 23 1 EXHIBIT 2: "Upper Kittitas County Community Recreation Center" presentation materials to staff, January 2023. Page 4 of 4 Public Works "Work Session StafReport", 2023 OTI r er", lfau,-Z-13 I F-1- + AOL , p n O 4-j c6 4--J —_ - V Ln [A N u a--+ to Ln 4-0 cra Q V OCL V Q — +� O j .� V Ln = V cn V M's Lno tA,° i C C ,} M °cV_0"C3 C:V a- Q} Lj L v 0) C) (a o;Z�-c V) d — 0 C �U-r--p4- QZL N }' C: Q O O'� U E O.� NCO O � Ntin.I.Iw 0 0-MUU I i--1 — ° o L5 CL ���omo E O ±2 -0 O "CD > O m u ON Q `J CL L i Z m Ln w N Q 0) C) (a o;Z�-c V) d — 0 C a� L i m Ln a� 0) C) (a o;Z�-c V) d — 0 C E u LM roD m EL co E I� m v a-0 O O'� U E O.� NCO O E Nse= -0 0- H wZ LU oat 00W N W GC >0 del ❑ 0❑ Z Z LU Q0EW ZLLJ V�V Q W LU�LU �Lnz ZwLu V ~W z w L i m Ln a� UruU r4 O C O E u C m EL co E Q O O a�— u 00 - O LU�LU �Lnz ZwLu V ~W z w L fD �O r4 a� O N per[ O c� O u r,juS. u 00 - :-4 a n J Q W 0 _V) O O E 0 v V) Ln w go p V) Ln c z LL! u t ?:; Ln /� Q ❑ a Q �..! r'a •M1t cle 7 LU Lu LLJ O Lu U U -i LU Q FLU Lu U LUZ V z �W V L v c:E M:3 E� LU cu V C: C.9 C.9 v v 4--j�� L L -1 aLn C: Ln D (U 0u cr- o m N LU r _ O L un Ln u o N U 4 O L6 L� 'o :.o 4 V N> �--' E u Q }'C cn N 0 ��� u E.o� a�> '—' a) O L0 — u �� oa�'o ° � U L � ° LU _ O L un Ln u o o— o O L6 L� 'o :.o V �--' E 0 O Q cn N _ U��c u c6 a�> '—' L0 o ° � L O L L u E o— o O L6 L� oo'��o� V �--' .. � � /\� q � � �_ ❑ � k - §CL Cl) ■ C 41 u 2 AC k 0� $ �; C.0 am� � � 2 � k « _ O 7'§ 0 % �2g23 D 0 0 -0 2 � LU §_ E @ e 2 , � 3 cn m A c E§ k @ M— Lr CO N C2� 2 ° .0 § _ � (9 3: 2 0 2 U W m V 2 U 0 2 �7\ a■ � � za, \z| not 2 � � $ 0 CM 0 Icz . Wo 2 v 00 u - b \x 9 IS'E E O -£Z � � e E �0 2 •§ _CD� Im o Wz2 z ■ a Lo ^ #_ =o �$ U ƒ 2 - - 4 _ j 7) o Z E +0- 0-0 O-0 V W O �Ln D� �C: >, DM E� E� O (D V � -I-- Ln W C) El s r.� N W �� N %NOOO J a �a �w , V QVj 'O v] C > mo o f6 Q E E o •+, o cn .� o ° (D O rn Q ul o4 nLn -j L a; Ln 0 Ln Lu w `< Q N W �� N %NOOO J a �a �w , 4 4 I P a D E—Z • O M rlz -U tn C CL { 1'r i D -3- O { 1'r i Cis C C O O W { 1'r cid C? 0 0 SO en r 0 V) 4- -0 Ll -- C 0 0 L4n 0 0 0 CL oZ3 "t Cn 0 .0 016 o (3) (3) 4-J 0 � 0 0 Q� 0 0 0 00 Ln CL 0 _0 m 0 4 0 cn 0 4--J 0 LA (3) OL.- L.- o 0 V) 4- -0 Ll -- C 0 0 L4n 0 0 0 CL oZ3 "t Cn 0 .0 016 o al Na 0 %m 91 A wa IN 15 lvi! ;itb Pool- LA Ln fu CL ❑ 0) _0 la) m CL CD > LU E I o o ra U +- EDL Ln Ln -1-j 0 0 un r\j w [2 _0 co U) rz 0- 0 cn 0— o C:) 0 0-0 -0 -0 0 +-, M LA CQ CD Lu w D E 0 �6 >, C) o :3 _0 •CL m ui , LL w Ito Ln 0) *A. -0 + 4;- 4m M C: w C) -i-; Z) w Loo c E V) L/) c- Uj c5 E c 0 4—J 'EL *ui L n2 o C) u CD C) A-) -�6Ln C! EL (L) 4—J M am 0 -C Q0 co Ca. o - toq- F— u 0 1-- %-.0 E AiMWA-- I L X E 0 Lu 4-J 4:2 4--J O 4PPJ 0 LL CL CL LE 4 1 V) (3) c > c 0 u -I: . o Al L X E 0 Lu W '- ' tia ctf CD U� u Ln CD r 4-j � Ln Lri I-- �-� Ut) !6- hi " q C t ss 4 J (Z +� yrs CL Q V Q> 4 � r;, CL V1 4n 70 Ln r� c + 7D _rrl rr" 7 6 -0�i W '- ' tia _0 C: (3) u U -� �,� "' O U 0 _0 Ln �Ln� — O (D)v O, °;�>- C 0 co L i n V [6 > J � Q � F— W z Z CL a 0 u V) a LU 0 u 0 0 Q u E m u V) LU o �4-j Z E a } 0 V) 0 .: S �ryW W V 0 un 0 Ln 0 10 N -0 c� Ln N �E O c� +-j Ln Ln +� O C C) o L- 0 cn S 0 0 0 0 c S S o 0 0 O 0 O 0 co g 0 0$ a 0 C g CO tO0 0 epi co N -t N to r I Cao et CV lN0 N Ln Lf1If1 r Tq 00 M s 4^ N 4-4 Z rt r Ln r� LLn Ln Lan Ln Ln M a � pp O Ln n qr n qr CD 0 eq o � 44A4 Vi. �V$. 0 Q N ri p O M aW 0 N V] 000 pp p telt 0 Cao 0 N p N W.0 0 � N pQ 'Ct Ca0 0 0 ppp W w Ln p C. N : 0.M c 10c c i a o V c FAC c c A d r Y 2 tko e Laa a u 2 t d m O O1 N E E u E Y N 44R C '8 fa N Sm L CL u E. m O ` c O u C V. +t+ u' E _ in �` C Ov IO. 7 L W O fl. 7 O. a Ln m L O O ++ 7 m T c 3 Y u -i O. c m Eba :I- o 40 = m C U m u +' �" m u 0 "a q io v c m O a ° d 2 ii ° o 0 +� ,° a 51 U a 0 W 0 LA rN , -1 L ULL E W 0 W (W) Ln •� oCD 0� 0:� i0%. . E W %k 7jk dIP AN" 0 -aw %,L-- if -:. w qiw .AF kD Z Ak fA - CL W . !'A L N O_ tA E� C E p r V � � •Cd c 0 O E. �. cd E C O m iJ a in LA L 0 E o L CL Q) �.a Cr 4- LLao H C) ti N 0o d ov 01 cn 00 ' a- d Ln M; M r r r 0 r AOR- *01. *Oaf *Oc� t A04- ipol- � Q3 C tA O 0:Ln L L 4- QQ, m a)Q) 3 E' E tR +-j}' :Lj ' L U (n qj 'Q o Q N: t O 4- 4-J 4-J Qi: O C 4 r L' Ln C c cu V +a CL m U F - c a� V 0 u 4w c d 0 CL !C A cm c 1pL CL x W c a� M QJ 0 V IA CD In c 0 CLO O L Q L u u a O 4� L O O N L 0 E N E 0 w E 7 G d O N to 7 0 �1 dJ C d � O E o � L N d' i N �M Ln m IV Ln �v a ai D-,0 O CL ° V c E � y O `- - to TL o E ,=Ey O N G O L •`" 0— CL —Q •-" ° CL m�a� C LL r N OWWA O co r- 00 I�- 0) m 00 c O 1l- I` r Ln mf%D LnM r 4V 61 o LH fA - CL W . !'A L N O_ tA E� C E p r V � � •Cd c 0 O E. �. cd E C O m iJ a in LA L 0 E o L CL Q) �.a Cr 4- LLao H C) ti N 0o d ov 01 cn 00 ' a- d Ln M; M r r r 0 r AOR- *01. *Oaf *Oc� t A04- ipol- � Q3 C tA O 0:Ln L L 4- QQ, m a)Q) 3 E' E tR +-j}' :Lj ' L U (n qj 'Q o Q N: t O 4- 4-J 4-J Qi: O C 4 r L' Ln C c cu V +a CL m U F - c a� V 0 u 4w c d 0 CL !C A cm c 1pL CL x W c a� M QJ 0 V IA CD In c 0 CLO O L Q L u u a O 4� L O O N L 0 E N E 0 w E 7 G d O N to 7 0 �1 dJ C d � O E o � L N d' i N �M Ln m IV Ln �v a ai D-,0 O CL ° V c E � y O `- - to TL o E ,=Ey O N G O L •`" 0— CL —Q •-" ° CL m�a� C LL r N /k / $ f 2 2 + IFTi $ 12) » § f � § ) 2 9 + 2 i ) . � . . ) �Ig ■ 22 §) (_ ) � ( ■�# « ` § | $ , � © $ i � A } § / � / \ §k §)\$ §m} m §� k j �ƒk 4 t .� r KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 13, 2023 TOPIC: NEXUS Professional Services Contract ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare enabling documents for Commission action. BRIEFING SUMMARY: • Pursuant to a duly advertised solicitation for professional services in 2022, a single responder is proposed for a professional services agreement (PSA) with Public Works (PW). • The firm will lead efforts "re -sealing" the metal skin of the Upper County Maintenance Shop facility in Cle Elum. BACKGROUND: On the heels of our settlement agreement with Blew's Construction (Upper County Maintenance Shop facility in Cle Elum); PW began efforts remediating heating ventilation and cooling (HVAC) issues at the shop. A Request for Qualifications was issued in late 2022 seeking architectural service support. A single response was received from NEXUS — the firm who conducted the 2022 HVAC study for PW. DISCUSSION: PW desires entering into a PSA with NEXUS managing remedial repairs to the Upper County Maintenance Shop facility in Cle Elum. PW anticipates removal of a portion of the building metal skin with re -attachment sufficiently sealing the building allowing for optimal HVAC performance. PW will prepare enabling documents for Board action on February 21, 2023. FISCAL IMPACTS: Budgeted within the 2023 Equipment Rental and Replacement Fund. ATTACHMENTS: None. Page 1 of 1 Public Works "Work Session Staff Report", 2023 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 13, 2023 TOPIC: Drone Policy ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook and Justin Turnbull RECOMMENDATION: Adopt the proposed Public Works drone policy. BRIEFING SUMMARY: • PW acquired a survey drone fourth quarter of 2022. • Prior to performing regular survey flight operations, PW desires setting department policy concerning drone use. • The policy will be reviewed by the Prosecuting Attorney's Office for compliance with public disclosure law. BACKGROUND: After several years of technical evaluation, PW elected to acquire a survey drone in 2022. Deployment of the drone requires Federal Aviation Administration (FAA) flight certification and data collected is subject to Washington State public disclosure law. DISCUSSION: PW believes it is essential to stipulate that data collected, but not used in survey document creation, be noticed in policy as being incidental to our survey. This allows us to discard significant digital data that is not post -processed by a third -party vendor. Collected data is extremely heavy (large data file size) and archiving will get expensive quickly if PW cannot manage data weight from the start of drone flight operations. As numerous FAA certified operators will operate our survey drone, the policy defines operational requirements consistent with FAA requirements. FISCAL IMPACTS: None. ATTACHMENTS: EXHIBIT 1: PUBLIC WORKS SURVEY DRONE POLICY Pagel of 2 Public Works "Work Session Staff Report", 2023 EXHIBIT 1: PUBLIC WORKS SURVEY DRONE POLICY Page 2 of 2 Public Works "Work Session Staff Report", 2023 KITTITAS COUNTY PUBLIC WORKS UNMANNED AERIAL SYSTEM (UAS) POLICY PURPOSE: The purpose of the Kittitas County Unmanned Aerial System (UAS) Program is to support and augment Public Works operations through use of an Unmanned Aerial System. This UAS Program Policy and the included procedures are intended to promote safe, efficient, responsible and lawful operation of the UAS program. DEPARTMENT -SPECIFIC PURPOSE AND APPLICABILITY: UAS operations may be performed by one department at the request of another under the oversight of Public Works. Public Works may perform UAS operations for another county department or, through interlocal agreements, another agency; conversely, UAS operations may be performed for the department adopting this policy by another county department or another agency. In such cases the policies of both involved departments or agencies shall apply. In the case of any disagreement between two applicable policies; the provisions of the more restrictive policy shall apply. DEFINITION OF TERMS: Unmanned Aerial System (UAS) — a system associated with an unmanned remote control aircraft, includes an Unmanned Aerial Vehicle (UAV), and other related support equipment. Unmanned Aerial Vehicle (UAV) — An unmanned remote-controlled aircraft commonly referred to as a "drone." Program Manager — The County Engineer and/or County Surveyor in charge of the UAS Program. Remote Pilot in Command (RPIC) — FAA Certified Remote Pilot remotely in control of a UAV, responsible for the operation and safety of a UAS flight with final authority over UAV operations during a UAS flight. Visual Observer (VO) — A person designated by the RPIC to assist the RPIC and the SP to see and avoid other air traffic or objects aloft or on the ground. Supplemental Pilot (SP) — A person designed by the RPIC to pilot the UAV under direct supervision of the RPIC. Flight Team — The group of individuals responsible for the implementation of any UAS flight authorized by this policy, including RPIC, VO(s) and SP(s). Non -Participant — A person not directly involved in or in support of the flight but are bystanders within the flight area Kittitas County Public Works UAS Policy February 2023 Page 1 Federal Aviation Administration (FAA) — The division of the Department of Transportation in charge of aviation. Part 107 — Federal Aviation Regulation Part 107 of the Title 14 Code of Federal regulations, which governs the operations of UAS. FAA Waiver -- A waiver issued by the Federal Aviation Administration (FAA) to a commercial sUAS RPIC for deviating from a specific Part 107 regulation for a specific UAS flight. Certificates of Waiver/Authorization (CoA) — A blanket, continuous authorization issued by the FAA to an agency that allows self -certification of the UAV pilot, UAV flights at night, flying beyond visual line of sight, flying over people, flying in controlled airspace and the option to obtain Emergency CoAs (e-CoAs) under certain circumstances. Section 1— Protection of Civil Rights and Privacy The UAS Program Managers and RPIC shall ensure the protection of civil rights and reasonable expectations of privacy, which are key components in any decision to deploy the UAS. All staff involved in UAS flights shall minimize the extent to which operations intrude on the citizens of Kittitas County and shall employ reasonable precautions to avoid capturing images of Non - Participants except those that are incidental to the project. The UAS Program shall operate strictly within the current federal, state and local laws and regulations. Section 2 — Retention and Public Disclosure of Aerial Imaging Aerial imaging data shall be retained in accordance with the County data retention policy and the provisions of Washington State RCW 40.14. Aerial imaging data retention schedules shall be based upon the Washington Secretary of State — Washington State Archives most current Common Records Retention Schedule (CORE). Public Requests for UAS aerial imaging data shall be processed in accordance with County public disclosure policy and the provisions of Washington State RCW 42.56 and/or federal guidelines that may supersede state law/requirements. For projects that acquire data for additional processing such as Lidar Surface data, Photogrammetric surface data, or aerial composites, the data collected during the flight shall be considered incidental and may be disposed of once the flight data is processed and a final aerial image and/ or surface is created. Kittitas County Public Works UAS Policy February 2023 Page 2 Section 3 — UAS Applications The following routine applications require no additional approval or oversight whether performed for the relevant Department or for another department or agency: a. Mapping and Surveying: Provide data collection and mapping for County infrastructure projects such as road, facility, trail, bridge, park and solid -waste projects and collection of data useful for the county's geographic information system. b. Volumetric Measurement: Provide volumetric measurement for management of County pits, quarries and stockpile material resources. c. Inspection: Provide inspection for County infrastructure including roads, bridges and facilities. d. Disaster Response: Provide situational awareness and damage assessment of storms, floods, earthquakes and landslides by providing video, still photos and other electronic data of the disaster area. e. Public Outreach: Provide video and still photos of County projects and facilities for communication with the public. f. Staff Training: Provide video and still photos of County projects, facilities and tasks for use in training County employees. g. UAS Training: Provide instruction, training and practice for UAS Flight Team members. UAS applications outside the scope of the above typical applications shall be reviewed for authorization by the Director of Public Works. Section 4 — Administration This policy is considered a supplement to existing Kittitas County Code and policies, FAA regulations and policy, Washington State regulations and each UAS aircraft manufacturer's flight operations manual. This policy should be reviewed periodically and updated when other rules, regulations or policies change or when updates are deemed necessary. Section S — Organization and Personnel Management and supervision of the UAS program within each department, division or office is the responsibility of the respective UAS Program Manager. The following roles exist within the UAS program: UAS Program Manager: a. Ensures that all staff involved in Flight operations are trained and certified to current standards & regulations. b. Maintains the flight team training records. c. Develops and distributes pre-flight checklists for flight operations. d. Develops and distributes procedures detailing operations, documentation, assessments, inspections and other routine and special tasks required for flight operations. e. Responsible for obtaining FAA Waivers and FAA Air Space Authorizations when necessary. f Recommends approval of hardware and software purchases. Kittitas County Public Works UAS Policy February 2023 Page 3 UAS Remote Pilot in Command: a. An FAA Part 107 certified member of the Flight team designated to be in charge of operations for the flight. b. Responsible to meet FAA requirements and follow FAA guidelines for the duration of the flight. UAS Supplemental Pilot: a. An FAA Part 107 certified member of the Flight team designated by the RPIC to control the UAV for the flight or portion thereof. b. Responsible to meet FAA requirements and follow FAA guidelines for the duration of the controlled flight. UAS Visual Observer: a. Complies with all requirements as outlined in Part 107. b. Assists the RPIC and the UAS SP to see and avoid other air traffic or objects aloft or on the ground, and relays situational information to the rest of the Flight team. Section 6 — Operations UAS flights shall comply with the Part 107, which may be supplemented by an approved FAA Waiver or supplanted by a COA or an e-COA under special circumstances. Only County -owned or -leased UASs shall be used in the UAS Program. Use of personally owned UASs is prohibited in the UAS Program. Conversely, County -owned and -leased UASs are for Official Business Only. Section 7 — Documentation The flight number, date, flight start time, total flight time, flight description, UAV registration number, FAA waiver number (if applicable) and RPIC name shall be logged in a log book and maintained with each UAV. UAV Flight logs shall be retained as provided by State law and county -established record - retention schedules. Pre-flight and post -flight inspections shall be recorded on checklists and logged in the UAV Flight Log. Any discrepancies from the pre-flight and post -flight checklists shall be logged in the UAV Flight Log and shall be reported to the relevant UAS Program Manager. Each UAS Program Manager shall maintain documentation for each of their department's members of the UAS flight team containing copies of UAS training documentation and any required FAA certifications. Kittitas County Public Works UAS Policy February 2023 Page 4 Section 8 — Risk Management UAS Flight Team members shall comply with Safety Manual policies and FAA safety regulations. RPICs and SPs shall adhere to all federal, state, and local regulations but may deviate from these regulations in response to an in-flight emergency. UAS-related accidents and incidents shall be reported to the FAA in accordance with Part 107. Section 9 — Training and Currency The Program Manager shall oversee the training program. Only current, Part 107 qualified and certificated remote pilots shall operate UAV's. Prior to flying a project, time should be taken to re -familiarize manual operations of the UAV. This manual operation may be done by all FAA certified staff on site that can easily take over control of the UAV during the familiarization operation. Manual operation familiarization shall be performed by the RPIC and SP, prior to flying a project. Kittitas County Public Works UAS Policy February 2023 Page 5 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 13, 2023 TOPIC: Monument Memorandum of Understanding with Washington State Department of Natural Resources ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Acknowledge the County Engineer's signature on a Monument Memorandum of Understanding (MOU) with Washington State Department of Natural Resources (DNR). BRIEFING SUMMARY: Kittitas County implemented a monument recovery program years ago, ahead DNR requirements. Recently, DNR contacted Public Works (PW) requested a MOU be executed regarding monument recovery. BACKGROUND: Several years ago, DNR approached the Washington State County Engineer's Association noticing of non-compliance of state monumentation requirements. Since the formation of the County Surveyor position in PW, County Surveyor Turnbull has been recovering monuments as an annual work program element. Kittitas County, along with a handful of other counties in the state, have been setting monument recovery standards for the rest of the state. DNR desires consistency in monumentation efforts statewide and recently solicited Kittitas County for signing its MOU. DISCUSSION: County Engineer Fredrickson signed the requested DNR MOU recently, following review and recommendation from County Surveyor Turnbull. This briefing informs the Board of County Commissioners of PW's ongoing efforts leading the state in survey monument preservation. FISCAL IMPACTS: None. Monumentation recovery and re-establishment is an ongoing budget item in PW Survey Division's annual budget. ATTACHMENTS: EXHIBIT 1: MOU WITH DNR Page 1 of 2 Public Works "Work Session Staff Report", 2023 EXHIBIT 1: MOU WITH DNR Page 2 of 2 Public Works "Work Session Staff Report", 2023 MEMORANDUM OF UNDERSTANDING WITH THE STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES PUBLIC LAND SURVEY OFFICE AND KITTITAS COUNTY I. GENERAL INFORMATION: This Memorandum of Understanding (MOU) is between the State of Washington, Department of Natural Resources, Public Land Survey Office, hereinafter referred to as the PLSO, and The County Road Engineer of KITTITAS COUNTY, whose address is 411 N. RUBY, SUITE 1, ELLENSBURG, WA 98926-2887, hereinafter referred to as the County. II. PURPOSE: The purpose of this MOU is to ensure preservation of land survey monuments in compliance with Washington Administrative Code (WAC) 332-120-080. This MOU acknowledges the County's responsibility to ensure that all known survey monuments within all pavement preservation treatment project areas are located and perpetuated. III. RESPONSIBILITIES OF PARTIES; The County will: • Search for and identify all existing visible survey monuments within the project limits. • Send notification with attachments to the PLSO of planned projects for the upcoming year which may cover survey monuments including road names and mileposts and/or beginning and ending intersections. Include start date and expected date of completion. • Ensure monuments that were covered during a project are uncovered and made accessible after completion of annual activities. • Submit a signed and sealed annual letter to the department with attachments certifying that the affected monuments were uncovered as soon as possible after completion. • Attachments will include a map showing locations, or a spread sheet listing road names by mile post for the project limits. • Comply with RCW 58.24.040(8), WAC 332-120-020 through 070, RCW 58.09, and WAC 332-130, for every monument disturbed, replaced, or modified in character. PLSO will: Assist County to facilitate success of this MOU. Acknowledge receipt of each document via email. Review and verify the documents are complete and sufficient. Index both the planned and completed report documents to the WebXtender public facing database. • Maintain a copy of this signed MOU. • Provide communication at least annually to the County Road Administration Board (CRAB) on the status of this MOU. Page 1 of 2 IV SUBSIDIARY AGREEMENTS: Additional working agreements, regarding specific cooperative efforts, if needed, shall be effected in writing by both parties as the need arises. V. AMENDMENTS AND REVIEW: This MOU may be amended if PLSO and a majority of affected agencies concur at any time by the mutual written consent of the parties concerned or terminated with thirty (30) days written notice by either party. VI. NATURE OF AGREEMENT This MOU is intended to facilitate the statutory obligations imposed upon the various counties and the State of Washington with respect to the preservation of survey monuments. It is understood that professionally licensed engineers and land surveyors hold themselves to the professional standards of conduct as outlined in Chapter 196-27A WAC "Rules of Professional Conduct and Practice". This MOU does not take effect until signed by both parties. APPROVED: KITTITAS COUNTY ROAD ENGINEER Josh Fre rickson, PE ignature 13/3_ / Date Address 411 N. Ruby, Ste. 1 Ellensburg, WA 98926-2887 (509) 962-7523 Phone DEPARTMENT OF NATURAL RESOURCES David M. Icenhower, PLS, Manager of the PLSO Signature 12/14/2022 Date Address 801 881h Ave SE, MS 47019 Tumwater, WA 98501-7019 (360) 902-1197 Phone Page 2 of 2 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 13, 2023 TOPIC: Task Order with WSE Supporting the West Interchange Study ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook and Arden Thomas RECOMMENDATION: Direct staff prepare enabling documents for Board action. BRIEFING SUMMARY: • For several years, the Flood Control Zone District (FCZD) has been meeting with West Interchange property owners discussing economic development issues and mapped floodplain. • Recently, CenterFuse secured a Department of Commerce planning grant to evaluate land use development in the West Interchange area. • The FCZD budgeted a floodplain modeling effort in the West Interchange area in our 2023 Capital Facility budget — anticipating the land use study. • PW and WSE have developed a scope of work and fee and is ready to contract the modeling effort. BACKGROUND: After several years of discussion, efforts are underway examining land use actions in the West Interchange area of Ellensburg. Supporting the effort, the FCZD budgeted floodplain modeling support in our 2023 Capital budget. Staff is now ready to contract for modeling support services. DISCUSSION: WSE was recently selected as a Task Order consultant for PW. WSE is the firm that has created two-dimensional flood models for Currier and Reecer Creeks for the FCZD. The proposed scope of modeling support is summarized below: • Evaluate inset floodplain storage for the current alignments of Currier and Reecer Creeks in the West Interchange area using the 100 -year flood event. • Evaluate inset floodplain storage for a preferred alternative combing the alignments of Currier and Reecer Creeks in the West Interchange area using the 100 -year flood event. Page 1 of 3 Public Works "Work Session Staff Report", 2023 The results will allow the land use consultant to apply current critical area required setbacks to each alternative and forecast impacts to West Interchange property. Property owners can then better assess land use options, including the potential for offsite floodplain storage. State and Tribal resource staff are stakeholders in the modeling effort along with property owners_ Results of the study will be utilized to determine future actions. FISCAL IMPACTS: Budgeted in the 2023 FCZD Capital budget. ATTACHMENTS: EXHIBIT 1: WSE TASK ORDER SCOPE OF WORK AND FEE Page 2 of 3 Public Works "Work Session Staff ReporC', 2023 EXHIBIT 1: WSE TASK ORDER SCOPE OF WORK AND FEE Page 3 of 3 Public Works "Work Session Staff Report', 2023 ZO WATERSHED q-wSCIENCE & ENGiNEERING February 1, 2023 Exhibit A — DRAFT Scope of Work West Interchange Hydraulic Analysis Scope of Work Kittitas County, WA CenterFuse, a business development authority for the City of Ellensburg, has commissioned a study to develop a land use and development plan for the 1-90 West Interchange area (study area) within Ellensburg and unincorporated Kittitas County, WA (Figure 1). Portions of the study area are located within the mapped FEMA floodplain and floodway of Reecer and Currier Creeks. Kittitas County will provide input to the plan by using existing County hydraulic models to evaluate two alternatives to reduce flooding within the study area. The County has retained Watershed Science & Engineering (WSE) to complete the hydraulic modeling, evaluation, and refinement of the alternatives. The work will be completed using the County's FEMA effective HEC -RAS 2D models of Currier and Reecer Creeks. Figure 1. Approximate West Interchange Study Area WSE's scope will include the following tasks: Task 1. Data Collection and Review Task 1.1 Data Collection and Review WSE will collect and review existing data needed to conduct the study. Data will include but not be limited to the effective Flood Insurance Study (FIS), topographic data including 2019 LIIDAR, existing condition land use, and existing building locations. WSE will communicate with CenterFuse's consultant Maul Foster Along! (MFA) to obtain information on proposed conceptual development plans, existing land ownership, and stakeholder objectives. WATERSHED SCIENCE& ENGINEERING February 1, 2023 Task 2. Hydraulic Modeling and Analysis Task 2.1. Update Effective Model to HEC -RAS 6.3.1 The current FEMA effective model of Reecer and Currier Creek was completed in 2016 using HEC -RAS version 5.0.7. WSE will update the FEMA HEC -RAS model to the latest version of HEC -RAS (v 6.3.1), and will run the model to simulate the 1 -percent annual exceedance probability (AEP) flood and floodway. Results will be compared to effective model results to identify changes to BFEs or floodway elevations. Results of the updated model will provide the baseline for comparison of project alternative impacts (Task 2.3). Assumptions — Updating the model from 5.0.7 to 6.3.1 will result in only minor changes to BFEs or floodway elevations. Significant updates to the model geometry or floodway will not be required. Task 2.2. Initial Alternatives Development WSE will develop preliminary concept sketches for two (2) channel and floodplain modification alternatives which will provide an inset floodplain corridor along Currier and Reecer Creeks to reduce 1% AEP flood inundation extents by increasing near channel flood conveyance and storage. A goal is to do so in a manner that will provide multiple benefits in the form of reduced flood risk and habitat enhancement. The two alternatives are: • Alternative 1— Maintain the existing Reecer and Currier Creek channel alignments and excavate floodplain benches to create an inset floodplain that will contain the majority of the 1% AEP flood. • Alternative 2 — Realign and/or combine portions of the Reecer and Currier channels and excavate floodplain benches to create an inset floodplain that will contain the majority of the 1% AEP flood. The layout and extent of the combined and realigned channel would be developed based on direction from resource agency and tribal stakeholders. To help conceptualize the alternatives, WSE will participate in up to two, 1.5 -hour virtual meetings with MFA, stakeholders and County staff. Assumptions: The primary goal at this stage in the project is develop floodplain modifications that will reduce flood extents and BFEs so that significant and permittable floodplain development can occur; however, WSE will not attempt to develop alternatives that accommodate a specific development pian. This will be addressed in Task 3 below. Deliverables: Initial concept sketches showing alternative 1 and alternative 2 Final alternative layout sketches to support hydraulic modeling Task 2.3. Hydraulic Modeling WSE will update the hydraulic model to represent the two alternatives developed in Task 2.2. WSE will run the models to simulate the 1% AEP flood and compare results to baseline conditions to identify changes in inundation extents and BFEs. WSE will refine the alternative project layouts to attempt to maximize floodplain benefits and minimize impacts. Following these refinements, WSE will generate figures comparing baseline and proposed condition inundation extents and BFEs. Results will be presented to the WATERSHED SCIENCE & ENGINEERING February 1, 2023 County and stakeholders to support land use planning discussions. Project stakeholders will select a preferred alternative for additional refinement (Task 2.4.) Deliverables: Figures comparing alternative flood extents and BFEs to baseline BFEs and flood extents. Conceptual sketches of the proposed alternatives Assumptions: Project extents, available work area, and channel realignments for both alternatives will be determined through coordination with the County and project stakeholders (Task 2.2). Initial grading for the alternatives will be provided to WSE by the County as a LandXML for incorporation into the model terrain. Presentation of results will take place via a virtual call that will last two hours. Task 2.4. Preferred Alternative Refinement WSE will refine the preferred alternative to maximize benefits and minimize impacts based on feedback from stakeholders. WSE will run the model to simulate the 1% AEP flood and compare results to baseline conditions to document changes in flood depth and floodplain storage. WSE will generate figures comparing baseline and proposed condition BFEs, and inundated extents. Results will be presented to the County and project stakeholders to support land use planning discussions. Deliverables: Figures comparing the preferred alternative BFEs and flood extents to baseline BFEs and flood extents Assumptions: The preferred alternative condition will be determined through coordination with stakeholders. Presentation of results will take place via a virtual call that will last two hours. Task 2.5. Technical Memorandum WSE will prepare a technical memorandum to document study methods, assumptions, and results. The memorandum will also include descriptions of additional floodplain development factors that will need to be evaluated/considered if the stakeholder group decides to advance the preferred alternative ( e.g. a FEMA conditional letter of map revision (CLOMR), compensatory storage requirements, floodplain impacts that will need to be mitigated). The memorandum will be submitted to the County for review. WSE will finalize the memorandum upon receipt of comments. Deliverables: Draft Memorandum Final Memorandum WATERSHED SCIENCE x ENGINEERING February 1, 2023 Task 3. Development Impact Assessment Based on results from Task 2, MFA will revise the proposed development plan to accommodate the preferred flood reduction alternative. WSE will complete the following tasks to assess potential flood impacts of full buildout conditions under the revised plan. Task 3.1. Flood Review of Proposed Development WSE will: Create figures that overlay the proposed development plan on top of the flood inundation extents and BFEs. This will identify the areas of planned development that will be impacted by flooding. • WSE will present the figures to the County, MFA, and stakeholders in a virtual meeting. The results and potential required development refinements will be discussed. Deliverables: Figures overlaying proposed development concept on flood extents and BFEs. Assumptions: WSE and will participate in up to two virtual meetings with MFA to discuss development alternatives. MFA and the stakeholders will select a preferred development concept. MFA will refine it to reflect recommendations expressed during the stakeholder meeting, and will develop a conceptual full buildout plan. Task 3.2. Floodplain Impact and Compensatory Storage Assessment WSE will update the preferred alternative hydraulic model to incorporate the proposed development full buildout fill plan, run the model to simulate the 1% AEP flood, and compare results to baseline conditions to document changes in floodplain BFEs, inundated extents, and flood storage. The purpose will be to evaluate potential flood impacts and compensatory storage requirements of full buildout conditions. Results will be provided to the County and project stakeholders to support land use planning discussions. Deliverables: Figures comparing BFEs and flood inundation for full buildout conditions to baseline conditions to support floodplain impacts assessment and compensatory storage requirements for the proposed development Assumption: Fill extents for the full buildout condition would be determined by MFA and the County. The County will provide a LandXML including grading/fill for each land use alternative to WSE for incorporation into the hydraulic model. Task 3.3. Technical Memorandum WSE will prepare a letter report to document the floodplain impacts and compensatory storage requirements for the full buildout condition. The memorandum will also include descriptions of additional floodplain development factors that will need to be evaluated/considered if the stakeholder group decides to advance the preferred alternative (e.g. a FEMA conditional letter of map revision (CLOMR), compensatory storage requirements, floodplain impacts that will need to be mitigated). The memorandum will be submitted to the County for review. WSE will finalize the memorandum upon receipt of comments. Deliverables: Draft Memorandum Final Memorandum WATERSHED SCIENCE & ENGINEERING February 1, 2023 Task 4. Project Administration and Meetings Task 4.1. Project Administration WSE will conduct general project administration activities including keeping the County's project manager informed of all significant project related news, preparation of monthly invoices and general contract management. Task 4.2. Meetings WSE will participate in a project kick of meeting with staff members from Kittitas County to discuss project scope, and to collect creek information and historical flooding observations. The kick off meeting will be field virtually. WSE will participate in up to four (4) 1.5 hour virtual meetings with the County and other stakeholders to discuss alternative development and floodplain options, to present flood study results. WSE will prepare presentation materials. Meeting location, timing, and attendance will be coordinated by Kittitas County. Task 4.3. Administrative Reserve An administrative reserve is included to allow WSE to address additional questions or issues that may arise during project review or coordination with CenterFuse, MFA, the County, and other stakeholders. This may include additional analysis, modeling, meetings, presentations, documentation, or discussion. Administrative reserve funds will only be used following expressed written direction from the County. Cost See Attached Estimate of Cost WAT E R S H E D SCIENCE& ENGINEERING 506 2nd Ave, Suite 2700 Seattle, WA 98104 Tel. (206) 521-3000 Exhibit B - Estimate of Professional Services Prepared for: Kittitas County Project: West Interchange Hours Staff Eng. Hydraulic Analysis Date: February 1, 2023 Prepared By: Chris Frei TASK DESCRIPTION Prin I Sr. Eng. l Sr. Geo. Hours Staff Eng. Junior Eng. GIs Specialist Contract Admin Totals 1. Data Collection and Review $3,753 1.1 Data Collection and Review I 8 16 1$3,753 2. Hydrology and Hydraulic$ $47,772 2.1. Update EffBCbVB Model to HEC -RAS 6.3.1 I 4 24 40 $8,847 2.2. Initial AMmatives Development and Review 2 8 16 $4.209 2.3. Hydraulic Modeling of Channe! Modification Alternatives 16 80 40 I $18,766 2.4. Preferred Alternative Refinement 8 40 20 $9,383 2.5. Technical Memo 2 12 24 4 $6,568 3. Development Impact Assessment $20,026 3.1 Flood Review of Proposed Development 12 12 16 $5,951 3.2. Floodplain Impacts and Compensatory Storage Assessment 8 40 20 $9,383 3.3. Technical Memo 2 8 16 4 $4.13911 4. Administration and Meetings $26,818 4.1 Project Administration 2 8 6 $2,583 4.2 Meetings 8 16 4 I$4,236 4.3 Administrative Reserve 20,000 ............ Total Hours and Direct Labor 6�'si (DL)' Labor Rate ($fhr) TOTAL LABOR COST .............. 8.0 $227.87 1 $1.823 0D.0 $201.06 $20,106 0.0 $160.135 $0 284.0 $134,04 $38,067 148.0 $12D.64 $17.855 0.0 $85.98 $0 U $86.431 $519 Direct Expense Detail KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 13, 2023 TOPIC: February 23rd Streamside Landowner Workshop ACTION REQUESTED: Direct Staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to issue press release. BRIEFING SUMMARY: The Yakima Basin Fish and Wildlife Recovery Board has been organizing a Streamside Landowner Workshop scheduled for February 23rd from 5prn — 7:30pm at the Hal Holmes Center in Ellensburg. • The aim of the workshop is to enable landowners to connect with different organization to ask questions about streamside stewardship and flood risk concerns. • This workshop is a good opportunity to talk directly with Flood Control Zone District rate payers about their concerns and the District Capital Improvement Program. • Staff from the Yakima Basin Fish and Wildlife Recovery Board, City of Ellensburg, Washington Department of Fish and Wildlife, Kittitas County Conservation District, and Mid -Columbia Fisheries have all confirmed that they will be participating in the workshop. BACKGROUND: The Yakima Basin Fish and Wildlife Recovery Board offered to organize a workshop for residents in the greater Ellensburg area. The purpose of the workshop is to connect residents with resources to address flood risk concerns and promote riparian habitat stewardship. This workshop is scheduled for February 23�d from 5pm — 7:30pm at the Hal Holmes Center. There will be a moderated panel discussion and ample time for guests to meet one on one with participating organizations to discuss their questions and concerns. Staff from the Yakima Basin Fish and Wildlife Recovery Board, City of Ellensburg, Washington Department of Fish and Wildlife, Kittitas County Conservation District, and Mid -Columbia Fisheries have all confirmed that they will be participating in the workshop. Page 1 of 4 Public Works "Work Session Staff Report", 2023 DISCUSSION: This workshop is a good opportunity to talk directly with Flood Control Zone District rate payers about their concerns and the District Capital Improvement Program. The projects we plan to highlight include our flood monitoring and early warning system, our work removing crack willow, the Mercer Creek inset floodplain project, and the Yakima River Integrated Floodplain Management initiative. FISCAL IMPACTS: Budgeted in the 2023 FCZD Capital budget. ATTACHMENTS: EXHIBIT 1: PRESS RELEASE EXHIBIT 2: EVENT ANNOUNCEMENT FOR SOCIAL MEDIA Page 2 of 4 Public Works "Work Session Staff Report", 2023 EXHIBIT 1: PRESS RELEASE Page 3 of 4 Public Works "Work Session Staff Report", 2023 PRESS RELEASE Date: February 13, 2023 Contact: Samantha Cox, Water Resources Specialist, 509-962-7523 Streamside Landowners Invited to February 23' Workshop The Yakima Basin Fish and Wildlife Recovery Board, City of Ellensburg, and Kittitas County Flood Control Zone District invite streamside landowners and area residents with flooding concerns to a workshop to be held from 5:00 to 7:30 p.m. on February 23`d at the Hal Holmes Center at 209 N. Ruby Street in Ellensburg. Staff from the City of Ellensburg, the Kittitas County Flood Control Zone District, the Washington Department of Fish and Wildlife, the Kittitas County Conservation District, and Mid -Columbia Fisheries will be on hand to answer questions and connect people to resources about streamside stewardship and flood risk concerns. Doors will open at 5:00 with staff available to meet with residents about their individual concerns. At 5:30, there will be a facilitated panel discussion. For the remainder of the time staff will remain on hand to continue to meet with residents. Light refreshments will be served. "We are excited for people to come and meet with Flood Control Zone District staff and learn more about the work we are undertaking throughout the County," says Arden Thomas, Kittitas County Water Resources Manager. "Our work is funded through the Flood Control Zone District levy and this is a great opportunity to connect directly with our ratepayers about their flooding concerns. We are also grateful to the Yakima Basin Fish and Wildlife Recovery Board for their work organizing this event, and the participation by the City of Ellensburg, Conservation District, Department of Fish and Wildlife and Mid -Columbia Fisheries so that people can have access to a wide range of resources." The Kittitas County Flood Control Zone District was formed in 2012. Additional information about the Kittitas County Flood Control Zone District, including links to real time flood risk information and the Flood Control Zone District 6 -Year Capital Improvement Plan is available online at https:://www.co.kittitas.wa.us/12ublic-works/floo . For more information, please contact the Kittitas County Works at 509-962-7523. EXHIBIT 2: EVENT ANNOUNCEMENT FOR SOCIAL MEDIA Page 4 of 4 Public Works "Work Session Staff Report", 2023 Kittitas County Flood o r k s h o P February Do you own or 23rd, 5.-OOPM manage loud in a to 7:30PM flood prone area? Join us for a panel discussion and opportunity to meet one _ on one and discuss: * Flooding concerns � Flood Alleviation Projects=ti_ --.L. . • Permitting Requirements a Streamside Stewardship Hal Holmes 209 N. Rubq St., 'Smacks and [ rink% to be provided Lif bur HITS