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HomeMy WebLinkAbout2023-02-27-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday February 27, 2023 - 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. Vantage Highway Over Cascade Canal Bridge Replacement Project Road Closure 4. Public Facility District Feasibility Study Proposal 5. Washington State Department Fish and Wildlife Franchise Request 6. Tax Parcel 11251 Surplus Request 7. Cove Road Parking 8. Assignment of Development Rights Discussion 9.2023 Kittitas County Road Safety Plan 10. Survey Monument Preservation Policy 11. Executive Session: RCW 42.30.110(1)(1) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. 12. Other business 13. Concluded Created on 2124=23 8:21:08 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 Regular Meeting MONDAY 1:30 PM February 27, 2023 Board members present: Chairman Cory Wright, Vice -Chairman Brett Wachsmith, and Commissioner Laura Osiadacz. Others: Mark Cook Josh Fredrickson, Darren Case, Rebecca Cruse, Public Works; Dan Carlson, Community Development Services; Neil Caulkins, Prosecuting Attorney's Office; Bryan Elliott, Auditor's Office; Mike Hougardy, Assessor's Office; 3 members of the public. At 1:30 pm Chairman Cory Wright opened the Public Works Study Session. No Citizen Comments. At 1:30pm the Board of County Commissioners announced they would recess in Executive Session for 15 minutes with Mark Cook, Dan Carlson, and Neil Caulkins per RCW 42.30.110(1)(i) to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is 'Likely to result in an adverse legal or financial consequence to the agency. Action anticipated. At 1:45pm the Board of County'Commissioners reconvened out of Executive Session; Direction to Staff was given to meet with the City Staff. PUBLIC FACILITY DISTRICT FEASIBILITY STUDY PROPOSAL Mark Cook asked the Board of County Commissioners to contemplate the creation of a Public Facility District. The formation of a Public Facility District has several requirements prior to being presented for voters. The first step is to perform an Independent Feasibility Study to determine the bond capacity for the district. Members of the Upper Kittitas County Recreation Center Alliance were present, and Gary Berndt spoke on behalf of the non-profit stating preliminary work has been done, but approximate $40 million in additional funds would be required to bring the project to fruition. Discussion was held. The Board directed staff to move forward with the feasibility study. 2023-2-27 MINUTES VANTAGE HIGHWAY OVER CASCADE CANAL BRIDGE REPLACEMENT PROJECT ROAD CLOSURE Josh Fredrickson briefed the Board of County Comm4 ssioners on construction at the Vantage Highway over Cascade Canal Bridge Replacement Project. Contractors have reached a point in construction that Public Works must close the bypass and issue notice of a detour for the final work to be complete. The Board directed staff to provide the Board with the press release for the temporary road closure. WASHINGTON STATE DEPARTMENT FISH AND WILDLIFE FRANCHISE REQUEST Mark Cook briefed the Board of County Commissioners on a franchise agreement request received by Public Works from Department of Fish and Wildlife to erect elk fencing along the county road right of way. The intent is to deter elk from I-90 and interfering with agricultural land. Staff was directed to schedule a public hearing. TAX PARCEL 11251 SURPLUS REQUEST Mark Cook requested that Public Works it is unbuildable and is burdensome t County Commissioners agreed there is Direction to Staff is to consult with enabling documents. COVE ROAD PARKING surplus parcel 11251 and stated o the county. The Board of not value in retaining the land. the legal team on preparing Mark Cook shared that Justin Turnbull, Kittitas County Surveyor has identified unused right-of-way close to the Manastash Trailhead. Staff has tried to work with landowners to acquire land to increase parking at the trailhead and finds this as a solution. Mark Cook foresees the County Road Crew could complete the additional parking area by the end of the summer with budgeted funds. Direction was given to prepare a parking proposal. ASSIGNMENT OF DEVELOPMENT RIGHTS DISCUSSION Mark Cook briefed the Board of County Commissioners that Suncadia Resort looks to reassign development rights for use as collateral as the new ownership proceeds to complete the rest of the resort. Direction was given to prepare for consignment of the investments and enabling documents for Board consideration. 2023 KITTITAS COUNTY ROAD SAFETY PLAN Josh Fredrickson briefed the Board of County Commissioners on the 2023 Kittitas County Road Safety Plan and the criteria for identifying road safety projects in the county. The Safety Plan is used to apply for grant safety funding. The top 4 projects have been 2023-2-27 MINUTES identified. The Board of County Commissioners directed staff to prepare documents and bring forward at future agenda. SURVEY MONUMENT PRESERVATION POLICY Josh Fredrickson presented a draft of Public Works Survey Monument Preservation Policy to the Board of County Commissioners. The policy is a new requirement of the County Road Administration Board (CRAB). The proposed policy is reflective of the current practices performed by the Kittitas County Surveyor regarding Survey Monument Preservation. Staff was directed to finalize and prepare resolution for approval. Mark Cook added that CRAB requires an ER&R policy and staff is currently drafting the ER&R policy for Board consideration. Mark Cook notified the Board of County Commissioners of ongoing conversations discussing non-functioning hydrants supplied by private utility in Cascade View Estates. Meeting concluded at 2:27 pm k1lia- IA' ecca Cruse, Administrative Assistant 2023-2-27 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 27, 2023 TOPIC: Vantage Highway Over Cascade Canal Bridge Replacement Project Road Closure ACTION REQUESTED: Direct Staff to Advertise for Road Closure beginning March 7, 2023 LEAD STAFF: Darren Case RECOMMENDATION: Advertise for Road Closure on Vantage Highway to accommodate remaining construction on Cascade Canal bridge replacement. BRIEFING SUMMARY: • Bridge and roadway construction has been ongoing throughout the Winter with a temporary one lane bypass road through the Cascade Irrigation Canal. • The irrigation canal needs to be restored and have unrestricted flows prior to the start of irrigation season. BACKGROUND: Kittitas County awarded the Vantage Highway over Cascade Canal Bndge Replacement Project to Interwest Construction, Inc. on September 20, 2022. A temporary traffic signal was installed along with a single lane bypass roadway through the Cascade Canal allowing traffic through the area. With the irrigation season approaching, Public Works needs to remove the bypass roadway from the canal as to not impede irrigation deliveries. The concrete bridge deck, approaches, barrier, and asphalt are still scheduled to be completed by April 28, 2023. In order to install and cure the final concrete driving surface on the bridge and approaches, a cure time of up to 28 days is required. To provide the correct curing of the concrete and accommodate irrigation delivery schedules with the removal of the bypass road, a closure of Vantage Highway is required. During the curing time, weather conditions should improve to allow for final asphalt paving to be completed. Public Works is anticipating the roadway to be closed with the detour in place from March 20, 2023, through April 28, 2023, to allow the completion of the remaining work on the project. Page 1 of 2 2023 - PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: Public Works has worked with the contractor to coordinate the shortest duration detour, along with a commitment to have the Cascade Canal restored and unobstructed by March 15, to ensure irrigation delivery is on schedule. Public Works has extended this period to allow the start of the road closure and detour on the 24`h of March. ATTACHMENTS: None Page 2 of 2 2023 - PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 27, 2023 TOPIC: Public Facility District Feasibility Study Proposal ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook, Amy Cziske, Mike Hougardy, Bryan Elliott, and 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 fimding 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, formed in 2017, is advancing a proposal to build, and operate, an upper county recreation center on 12 acres of City of Cle Elum land (EXHIBIT 2). Numerous project stakeholders have joined the effort. 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 36.1.00 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 82.08.054, 82.14.055, and 82.32.430. Sales and use tax for public facilities districts: RCW 82.14.048. Sales and use tax unposed by public facilities districts for regional centers: RCW 82.14.390. [ 1 I 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 paries 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 ist 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 § 1.1 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—Const3ruction--2002 c 218: See notes following RCW 35.81.005. Part headings not lam 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 Lhe state government and its existing public institutions, and shall take effect immediately [June 14, 1995]." [1995 1st sp.s. c 14 § 13.] 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 § 19.1 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 36.1.00.230. 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 1st ex.s. c 8 § 2; 1988 ex.s. c 1 § 12.] Findings—Intent—Construction----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 -3.995 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—Then 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 § 2.1 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 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 cop -tract 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 sn.s. c 15 § 4; 2003 c 376 § 1; 1999 c 165 § 16; 1995 1st sp.s. c 14 § 3; 1995 c 396 § 3; 1989 1st ex.s. c 8 § 3; 1988 ex.s. c 1 § 13.1 Findings—Intent—Construction-207.0 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) "'he 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 snail consult witri 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 lawn 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 lam 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.] Part headings not lar— 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 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 efffective combined rate of state and local excise taxes, including sales and use taxes and excise taxes on lodging, imposed on the sa=e 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 82.08 RCW, except that no such tax may be levied on: (i) Any premises: (A) Having fewer than sixty lodging units if the premises is ocated 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 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)(a) 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 subsection (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 § 14.1 *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 a 245: "This act takes effect October 1, 208." [2018 c 245 § 3.1 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 § 1.1 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. �i) 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 V7I, section 2(b) of the state Constitution and RCW 84.52.056. [1988 ex.s. c 1 § 15.1 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 -nal-- 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 lst 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.] 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 ne 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 deferred 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 lst sp.s. c 14 § 6.1 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 ist 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 36.100.010. 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 tc 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. RCN 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 authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a district election. 12009 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 ] 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 § 15.1 *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.] 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 this 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.] 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. '-his 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 rcntal or use of equipment or facilities for purposes of recreation 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.} 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.] RCW 36.100.230 Transfer of property, assets, and other interests from state convention and trade center public nonprofit to district— Necessary istrictNecessary 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 lst 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 S 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 § 17.1, 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 § 18.1 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 1st 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 lst 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. 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'.t' KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 27, 2023 TOPIC: Washington State Department of Fish and Wildlife Franchise Request ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare a franchise agreement for Washington State Department of Fish and Wildlife (WDFW) and schedule a public hearing. BRIEFING SUMMARY: Washington State Department of Fish and Wildlife desires installing Elk control fencing along Kittitas Reclamation District (KRD) canal right of way on the North Branch Canal. Stevens Road right of way will be impacted. The work is in conjunction with Kittitas Reclamation District. A franchise agreement allows placement of fencing within county right of way. BACKGROUND: Ongoing Elk intrusion creates an unsafe condition for I-90 traffic. WDFW and KRD are working cooperatively to limit Elk access and damage to private agricultural lands. WDFW is also coordinating with Washington State Department of Transportation. DISCUSSION: A description of the project and details are provided in EXHIBIT 1. Stevens Road right of way will be impacted. The franchise agreement allows fencing placement inside right of way limits. FISCAL IMPACTS: None. ATTACHMENTS: EXHIBIT 1: FRANCHISE APPLICATION Page 1 of 2 Public Works "Work Session Staff Report", 2023 EXHIBIT 1: FRANCHISE APPLICATION Page 2 of 2 Public Works "Work Session Staff Report", 2023 xrrrfr&s MUM 3EKIWWXWAL13 CO DEPARTMENT OF PUBLIC WORKS FRANCHISE APPLICATION Facility in County Road Right of WAY Fee (Non -Refundable): $1,615.00 Payment Method: I-0 Check 13 CasoduCredit Card Owner NameE✓J�Jhi`�4 � ,�.d� e,.f Rs.ti C.),IJI Mailing Address o ?,-1-, S' I c.JA- �o2 Phone Number 0 - 5-14-5 Email Address s •cam [ e.,4 01/ Applicant Name 55 [vl'-"14n Mailing Address L -76i S ?-.4-+"' Phone Number S0 6 -SI( Email Address _._ s"w. 41. a-, Q Aw, cu,, . Permit # 91-00001 RECENT I(ITTITAS COUN'. I Uf PUBLIC WORKS DATE STAMP Pursuant to KCC 15A.03.040, upon receipt of the application, Kittitas County Public Works Will contact the applicant to schedule a meeting with the Director of Public Works and/or the County Engineer to discuss terms and conditions of franchise agreement and schedule a Public Hearing for consideration of the franchise agreement by the Board of County Commissioner's. Supportina Documents Re uired for complete a licatiou: • Detailed Project Plans • Assessor's Map Number(s) • Detailed Vicinity Map • Schedule for Work to be performed CALL BEFORE YOU DIG 1-800424-5555 or 811 Applicant is responsible for calling for underground utility locates 48 hours prior to construction. Warning: The County does not mark any of the County infrastructures; the Applicant is responsible for any damage to the County infrastructure. All required supporting documents have been attached. Applicant agrees to obtain a work in Right -of -Way permit upon approval of the franchise agreement. Applicant acknowledges that Fee includes 6 hours of review. Any work beyond hours included in said fee will be billed monthly at an hourly rate of $243.00. Applicant/Agent Signature Date 411 N. Ruby St. Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 WDFW Stevens Road Elk Fence Construction Washington Department of Fish and Wildlife (WDFW) is working with Kittitas Reclamation District (KRD) to install elk control fencing along their canal Right of Way (ROW) on the North Branch Canal from where Stevens Road crosses the canal south to Interstate -90 (1-90). Future construction will continue the fencing north of Stevens Road to Vantage Hwy. In the vicinity of 1-90 the elk fence will leave the canal ROW and follow an existing access road and then follow Stevens Rd terminating at the Steven's Road Underpass of 1-90. This fence alignment will better prevent elk access to 1-90. There is an existing stock fence in the Kittitas County ROW of Stevens Rd. WDFW will replace the stock fence with 8' woven wire elk control fencing. Existing gates and water crossings will be maintained in their current location. The purpose of the fencing is to control elk access and damage to private agricultural land in the area. See attached maps (Figures 1 and 2) for elk fence location. Fence construction will begin in parcel 653936. According to Compass most of the construction will not be within a numbered parcel so ownership is unknown but is likely Federal. Concurrently with this proposal WDFW is seeking approval from Washington State DOT to construct within the 1-90 ROW. Construction is planned for spring of 2023 and will be completed by contractors hired by KRD. Following construction WDFW staff will annually maintain the elk control fencing. See attached drawing (Figure 3) of fence specs. Full details of fence standards can be provided. Figure 1: Vicinity Map, showing all fence to be constructed and porton in Stevens Rd ROW. + 4 ~ { - Err . v _ +` I M f &ee ionlb 4 -- - Elk Ferice . -Sl&vens Rd ROW elk fence coostruction - _ Otber elk.#ems - z construction - - s t16 _ - Figure 2: Detail View Elk Fence Project in Steven Rd ROW Elk Fence Stevens Rd ROW 4=)*iA.elk fence construction Pther elk fence construction 4� IJ�jya r o Lu , w 4-1 ot �t n a4i I I o1alift I Figure 3: Elk Fence Specs example. 10'-6" 99 it 3" E kL X z z Lo EMP Om � F fop 3 M .. zX �� ��R-sra. - ��-�: J.J�I�.J�. li-�!•Rim-C6.'A�.IiC�1'.f��._" s .r. KITITTAS COUNTY Receipt Number: PW23-00059 PUBLIC WORKS - - —---�•_.. _.. 411 N. Ruby Street, Suite 1 Ellensburg, WA 96926 509-962-75231www.co.kittitas.wa.us/public-works/ Payer/Payee: WASHINGTON DEPT. FISH & WILDLIFE Cashier: REBECCA CRUSE Date: 01/31/2023 1701 S 24TH AVE Payment Type: CREDIT CARD YAKIMA WA 98902 � F Fge Description Fee Amount Amount Paid Fee Balangg Franchise Permit $1,615.00 $1,615.00 $0.00 FR -23.00001 TOTALS: $1,615.00 $1,615.00 $0.00 TOTAL PAID $1,615.00 Printed 01/31/2023 14:35:00 by Rebecca Cruse Page 1 of 1 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 27, 2023 TOPIC: Tax Parcel No. 11251 to Surplus ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare enabling documents. BRIEFING SUMMARY: • Public Works (PW) owns tax parcel no. 11251 (Reecer Creek and Dry Creek intersection). • The parcel has experienced trespass the past several years requiring abatement. • Recently, the abandoned Reecer Creek right of way was acquired by Stockyard Development Group LLC (EXHIBIT A). • City of Ellensburg staff have determined the parcel to be unbuildable (EXHIBIT B). • PW desires conveying the surplus land to Stockyard Development Group (adjoining landowner). BACKGROUND: During the past several years, PW has managed the property against trespass. Homeless individuals are using the property repeatedly requiring ongoing enforcement action by PW with assistance from the Sheriff s Office. Recently, the abandoned right of way between PW and Stockyard Development Group was acquired by Stockyard Development Group. PW desires declaring the land surplus to Stockyard Development Group. DISCUSSION: Several years ago, PW explored the possibility of declaring tax parcel no. 11251 surplus to county need. At that time, a private individual held title to abandoned right of way between PW and Stockyard Development Group. The recent acquisition of the abandoned right of way now allows for contiguous ownership of all lands south of the Reecer Creek and Dry Creek intersection. A recent determination of "unbuildable" status from the city of Ellensburg is expected to allow for a reasonable surplus value making acquisition of the property attractive to the adjoining landowner Stockyard Development Group. Page 1 of 4 Public Works "Work Session Staff Report", 2023 FISCAL IMPACTS: None. ATTACHMENTS: Statutory Warranty Deed Abandoned Reecer Creek Road Right of Way, City of Ellensburg Letter dated January 27, 2023 Page 2 of 4 Public Works "Work Session Staff Report", 2023 EXHIBIT 1: STATUTORY WARRANTY DEED ABANDONED REECER CREEK ROAD RIGHT OF WAY Page 3 of 4 Pubiic Works "Work Session Staff Report", 2023 02/07/2023 09:24 AM 202302070015 204.50 Page: 1 of 2 Warranty Deed Kittitas County, County Auditor RE EXCISE TAX PAID Amount Date _17210712023 Affidavit No. 2023-138 KITTITAS COUNTY TREASURER By When recorded return to: Stockyard Development Group, LLC, a Washington Limited Liability Company 1350 Reecer Creek Rd Ellensburg, WA 98926 Order No.: 526724AM STATUTORY WARRANTY DEED THE GRANTOR(S) Beryl A. Kelley, an unmarried woman for and in consideration. of Ten and no/ 100 Dollars ($10.00) and other valuable consideration in hand paid, conveys, and warrants to Stockyard Development Group, LLC, a Washington Limited Liability Company the following described real estate, situated in the County of Kittitas, State of Washington: That portion of Lot 1, of OZANICH SHORT PLAT, Kittitas County Short Plat No. 99-24, as recorded March 21, 2000, in Book F of Short Plats, pages 82 and 83, under Auditor's File No. 200003210028, records of Kittitas County, State of Washington; being a portion of the Northwest Quarter of Section 34, Township 18 North, Range 18 Fast, W.M., in the County of Kittitas, State of Washington; lying within Parcel 1B of that certain Survey as recorded February 3, 2022, in Book 44 of Surveys, pages 138 and 139, under Auditor's File No. 202202030042, records of Kittitas County, Washington; being a portion of the Northwest Quarter of Section 34, Township 18 North, Range 18 l=ast, W.M., in the County of Kittitas, State of Washington. Tarr Parcel Number(s): 15026 (Portion) Subject to: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. LPB 10-05(i) Page 1 of 2 Filed for Record 02/07/2023 09:24:49 AM - Kitfitas County, WA Auditor -202302070015 Page 2 of 2 Dated: _ 4�0 Beryl A. Kelley State of Washington) ss County of Kittitas) On this 6 day of February, 2023, before me, Kathryn Osborne a Notary Public in and for said state, personally appeared Beryl Kelley, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affirmed my official seal the day and year in this certificate first above written. L 0- ' s Notary Public the State of Washington o �oAS Gi'P Residing at: Ellensburg nom' NO '' m Commission, Expires: 10/23/23 ce, tsY7y4� '`�� 0, WAS%A LPB 10-05(i) Page 2 of 2 02/07/2023 09:24 AM 202302070016 18.00 Page: 1 of 1 Substitution Trustee KitEitas County, County Auditor Z [a� I -L4 Asir Recording Return to: Beryl Kelley, the surviving spouse of the Decedent, F/K/A Beryl A. Doane 1391 Reeoer Creek Rd., Ellensburg WA 98926 SUBSTITUTION OF TRUSTEE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Beryl Kelley, the surviving spouse of the Decedent, F/K/A Beryl A. Doane are the Grantors, and Fidelity National Title is the Trustee; and Mortgage Electronic Registration Systems, Inc., as designated nominee for NewRez LLC, beneficiary of security instrument having an address of PO Box 2026, Flint, MI 48501, under Deed of Trust dated December 22, 2021, recorded on December 28, 2021, as instrument No. 202112280018 records of li'ittitas County, WA. The undersigned, who is the present Beneficiary under said Deed of Trust desires to appoint a new Trustee in the place and stead of the original Trustee named above; NOW THEREFORE, in view of the premises, the undersigned hereby appoints AmeriTitle, LLC, whose address is 101 W Fifth Ave., Ellensburg, WA 98926, as successor Trustee, under said Deed of Trust, they have all the powers of said original Trustee, effective forthwith. IN WITNESS WHERE F, the unde ed Beneficiary has caused their name to be hereunto subscribed this day of L+ 20-2,IL-- Mortgage Electronic Registration Systems, Inc., as designated nominee for NewRez LLC, bene of security instrument By; Its: Ij u State of S `Yh & q W -AL I County of L On this 2 -day of in the year '`::— before mJ en. ife r Korn a liw Put3 e — Afor said stn e, personally appeared { •CG ww"t Iqki known to me to be the of the Mortgage Electronic Registration Systems, Inc., as designated nominee for NewRez U,C, beneficiary of security instrument , and acknowledged to me that pursuant to a Resolution of the Board of Directors, he/she executed the foregoing in said Corporation name.IN WITNESS WHEREOF, I have hereunto set my hand and a Tbred my official seal the day and year in tVTb9tIfiC&Urst above written. VOLtttrrtr enrpp No b1' a State of S�uthCeenville County ..`'�11=FR "r,.,,,, Or ,Or Commission EXPIRES c 06/13/2029 Reference No. 526724AM DEED OF PARTIAL RECONVEYANCE Pursuant to a written request made by the beneficiary, the undersigned, as trustee in the deed of trust executed by Beryl Kelley, the surviving spouse of the Decedent, F/K/A Beryl A. Doane to Newrez, LLC recorded December 28, 2021 as Instrument No 202112280018 Records of Kittitas County, WA, does hereby GRANT and RECONVEY unto the parties LEGALLY ENTITLED THERETO, without warranty, all the estate and interest derived to the trustee under said deed of trust, in the lards herein described. That portion of Lot 1, of OZANICH SHORT PLAT, Kittitas County Short Plat No. 99-24, as recorded March 21, 2000, in Book F of Short Plats, pages 82 and 83, under Auditor's File No. 200003210028, records of Kittitas County, State of Washington; being a portion of the Northwest Quarter of Section, 34, Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington; lying within Parcel 1B of that certain Survey as recorded February 3, 2022, in Book 44 of Surveys, pages 138 and 139, under Auditor's File No. 202202030042, records of Kittitas County, Washington; being a portion of the Northwest Quarter of Section 34, Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington. Dated: February 6, 2023 STATS OF Washington ) ) ss. COUNTY OF Kittitas ) AmeriTitle, LLC On this 6th day of February, 2023 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally Laura Woodiwiss, known to me known to be the Authorized Signatory of Amerititle, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my h and official seal hereto affixed the day and year first above written. Printed Name: hy'Osbome Notary Public in and for the State of Washington Residing at Ellensburg Commission Expires; 10/23/23 N 7A rr� pU13L`c cc 131714 -23, � �Q EXHIBIT 2: CITY OF ELLENSBURG LETTER DATED 01/27/2023 Page 4 of 4 Public Works "Work Session Staff Report", 2023 City of : UVI COMMUNITY DEVELOPMENT: DEPARTMENT 501 N. Anderson st., Ellensburg WA 98928 Land Use Permitting (508) 982-7231 Construction Permitting (549) 982.7239 Jarney Ayling, Direr Phone: (509) 925-8653 Fax: (649) 9254855 E -Mail: ayiingj@ai.ellensburg.wa.us .January 27, 2023 RB: Buildable Status of Parcel 11251 To Whom it may concern; The parcel located st the intersection of Reecer .Creek Road and Vest Dry Creek Road idents ied`as paroei 11251 has some signifloant challenges to being built .upon. The property has Reecer Creek that bisects the middle of the property ond. retains ,8n 85 -toot stream buffer. There are also potential wetlands on this property which will add additional bUffers further hampering peeing the property s ability to be constructed on. Lastly the property is triangular and "bordered on three sides with rights-of-way which require building setbacks from the edge of the right -of way. It is the Opinion of the Community Development Director that this property is non -buildable Clue to these factors and no permits for buildings would be permitted on .said parcel.. If you have any questions please don't hesitate to reach out. Sincerely, Jamey Ayling Community ..Development Director KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 27, 2023 TOPIC: Cove Road Parking ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare a parking proposal for Board consideration. BRIEFING SUMMARY: • Responding to ongoing parking demand for Manastash Trail access at the end of Cove Road, Public Works has docketed a capital improvement project within the 2023 Parks and Recreation budget. • County Surveyor Turnbull has verified unopened county right of way near the end of Cove Road. • PW proposes opening the right of way for additional trail access parking. BACKGROUND: Increasing Manastash Trail parking demand is being met by PW through expanded parking contained in the 2023 Capital Facility Plan (Parks and Recreation). Recently, County Surveyor Turnbull verified unopened county right of way near the end of Cove Road. The unopened right of way is being evaluated for additional Cove Road parking. DISCUSSION: Last year, PW reached out to a local resident seeking to acquire land for additional Cove Road parking. The response was not favorable. The effort did awaken PW to the "Plat of Cove Lake" 1996. Cove Lake Drive was created by the plat and dedicated for use of the public forever "..all roads, streets, easements or whatever public property shown thereon.." (EXHIBIT 1). The 60 -foot right of way is 260 feet long with a 50 -foot radius turnaround at the end. PW desires opening the right of way allowing additional Cove Road parking. PW anticipates owners of Lots 9, 10, 11 and 12 may not support our desire for additional parking. Use of Cove Lake Drive will keep parking off of Cove Road, creating a safer environment for trail users and the traveling public. FISCAL IMPACTS: $339,260 is budgeted in the Parks and Recreation 2023 Capital Facility Plan. ATTACHMENTS: EXHIBIT 1: PLAT OF COVE LAKE Page 1 of 2 Public Works "Work Session Staff Report", 2023 EXHIBIT 1: PLAT OF COVE LAKE Page 2 of 2 Public Works "Work Session Staff Report", 2023 ALE% KLOUZAL 20910 3RD AVENUE SOUTH SEATTLE, WA 941146 5a5.a7 I+o I y/ I L mg � �GQir z S Zg.m0 M .rz.m(to NSO 00.4'BL 91Aa reap m i e A u p s p g fPpq fn MH O R p � IS yL4 N 35 a -4 rti AD F�J �Yi Z g�O 3 n o a 1rn 25002 OC a� 0� er7 . �rn to i Cerkiflcate No. 10764 SHEET MW_ say a OF 2 55 gIS 1 y •� A a ,SZ,fSOQ hi 1 l Ma BS's y/ I L mg � �GQir z S p z h Ea Z 91Aa reap Ye .SE.£6,D0 N y til s m $ = BX3e1 yL4 N y rti AD m LLZOC M ,O.C9,00 1" w 8 N oC , SAI .... . ....... Sy SCALE :. a yy KITTIT 5 COUNTY AUD OR RECEIVING 140.CHKO Cerkiflcate No. 10764 SHEET MW_ say a OF 2 451 gIS 1 y •� P m gDO Jgs 1 l Ma o a� a ' y w n I j rm— y gh 1 r y L l l l yl.lylm$8 n g gLN BS's y/ I L mg � �GQir z S p z h 91Aa reap 141.30' N �1j1 P m�q� N�km yy yt y m m LLZOC M ,O.C9,00 1" w 8 N r a� .... . ....... 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MLJAMS LAidD BIIRVEYOR mc IN OF PUTS, ATP AC,EC�LI PACORDS OF KITgTA$ ak 9 quest of reRCCOROET) CONSTRUCTION CO., INC. In..........,OWN. 7831 39NO ST. MERCER :BLAND. WASHNOTCN ON49 TEL (205) 2 2-5794 WV, 9NOTON. BY GATE JOBNO. 3805 CRA 1e49 L`�B o��. 14.4.b'SJ1115 .... . ....... Sy SCALE KITTIT 5 COUNTY AUD OR RECEIVING 140.CHKO Cerkiflcate No. 10764 SHEET MW_ say a OF 2 Ra6aQu cr3s0�� nw oymiy zm %N.ZvD mvQD Qin A ws� i8v yl z momrK m z ma_i o m 116 16 it poKD 9K Cm DII yA ml 9 v ° z v AZ b ba �Z0 � 1 pv n� - N mm�p�im D mSbEA^g 9 ~ N I 3 N D v YI m Om/ zo x m 90 z '4 m x' z> a 3v O V z i cmz z moZA o�o n � ci m1v o �=�`zN ��m�=8F P, i, �rra� F o y V >�F�v o �B�oA IS �0 � N m�gYim o h iia w o a w�s�y N I6YK{,�I oa��i z o W z i�-Li�yy 3 NmaO pznv 'tri a i $15Fgvii , +ao4r K c �m� co �m°o Y QpLD� � zv _l" m52°Z�m �. 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U4 nm 5>oL'tailA0 Lm�ao go C- emnu ��""'o b b zUvnz; o o K fV,1ZN DK9xupi Ano 3�y I moi�u=z n ozo�v x a •�•� $zm`m Av mzn 54 L ��o�oF� L K n C L O y�znno Ji m� �KppS Y z aw A N 009'34' E 537400 E6a7.00 � 268].00 9 N � 4 �I N 0014'52' C 2876.44 _ 26a5.44 188A2Ri1173822 1 al- _ I �1r 1310.]4 n u��ti•�-gni§yZ i tr;3 a 41 -fir,, k 1�TM g t.5 Z m Z M 4 ...E "O u) m n 000 0 CA 0 D�r N ^Z^ V m V/+ O� Z Q m y rn -_ ....a�.......•..a...-.....�-w-.-4... _�..:_. � - 4,...+� .«;rese":aadetrWex,.....o..._ KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 27, 2023 TOPIC: Assignment of Development Rights ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare enabling documents for BoCC consideration. BRIEFING SUIVIMARY: • Suncadia Resort and Lowe Enterprises desire assigning Development Rights to CIBC Bank as collateral for a revolving line of credit. • This is a common practice securing development capital. • Suncadia Resort's entitlements will expire on October 9, 2030. BACKGROUND: New Suncadia LLC sold to Real Capital Solutions (RCS) in July 2021. The Board of County Commissioners (BoCC) authorized the transfer of development entitlements from New Suncadia LLC to Suncadia Resort with Resolution 2021-100 (July 6, 2021). Suncadia Resort development entitlements are set to expire on October 9, 2030. DISCUSSION: Public Works (PW) understands that RCS desires securing a line of credit with CIBC Bank utilizing an assignment of their development entitlements as security on the loan. This is a common practice amongst land developers and funding institutions. It is the opinion of PW that risk of default is low, given recent communications with Lowe Enterprises acting as Managing Director of Suncadia Resort. Assignment of rights to the highest bidder is the risk the BoCC is taking in sanctioning the assignment. PW understands that a new business model is being advanced for the resort by Lowe Enterprises that is expected to result in accelerated land sales at the resort. Given the likelihood of increased land sales, default potential is minimized. The assignment will terminate on October 09, 2023, allowing a performance period of approximately six- and one-half years, for the county to determine the need for potential development entitlement extension with Suncadia Resort. PW has confirmed with the Prosecuting Attorney's Office that authorization of the assignment can be accomplished by resolution. FISCAL IMPACTS: No financial impact to the county. 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 STUDY SESSION STAFF REPORT STUDY SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Josh Fredrickson February 27, 2023 2023 Kittitas County Road Safety Plan Direct staff to prepare enabling documents for adoption of the 2023 Kittitas County Road Safety Plan and associated HSIP grant funding application RECOMMENDATION: Direct staff to prepare enabling documents for adoption of the 2023 Kittitas County Road Safety Plan and associated grant funding application. BRIEFING SUMMARY: • Current County Road Safety Plan was adopted in 2021 • Safety Plan is to be updated to apply for grant funding through the Highway Safety Improvement Program (HSIP), with applications due by March 15, 2023 • Draft safety plan has been developed identifying prioritized locations for low cost, beneficial, county wide safety improvements based on crash data, roadway investigations and risk-based analysis BACKGROUND: In 2017, Kittitas County produced a revolutionary safety plan that significantly departed from historic approaches. The State embraced our plan and now it serves as a model statewide. The safety plan is updated at least every two years and is then used as a basis for safety funding grant application to Washington State Department of Transportation (WSDOT) County Safety Program DISCUSSION: In accordance with Washington State Department of Transportation's (WSDOT) 2023 County Safety Program call for projects, Public Works has updated the Kittitas County Road Safety Plan for 2023. WSDOT's County Road Safety Program provides funding through the federal Highway Safety Improvement Program for projects that reduce potential for fatal and serious injury crashes on county roads based on engineered improvements and countermeasures. The Kittitas County Road Safety Plan 2023 identifies prioritized locations and proposed improvement projects for low cost, beneficial, countywide safety improvements based upon crash data, roadway investigations, engineering judgement, and risk-based analysis as set forth in WSDOT's call for projects. Page 1 of 2 Public Worcs "Work Session Staff Report" 2023 FISCAL IMPACTS: In the absence of grant funding, County Road Fund will be needed to make improvements. ATTACHMENTS: 2023 Kittitas County Road Safety Plan - Draft Page 2 of 2 Public Works "Work Session Staff Report" 2023 Kittitas County Road Safety Improvement Plan 2023 February 22, 2023 Kittitas County Public Works Department 411 North Ruby Street, Suite 1 Ellensburg, WA 98926 Contents ExecutiveSummary ...................................................................................................................................................3 Introduction.................................................................................................................................................5 DataAnalysis.............................................................................................................................................. 5 Risk -Based Prioritization Methodology........................................................................................................... 7 Development of Road Segment Safety Improvements.....................................................................................9 Prioritized Cost -Effective Safety Improvement Projects..................................................................................10 Priority1: Huntzinger Road.........................................................................................................................13 Priority 2: Bridge and Structure Improvement Plan........................................................................................15 Priority 3: Denmark Road Safety Improvements............................................................................................17 Priority 4: Horizontal Road Curvature...........................................................................................................19 References................................................................................................................................................ 23 Appendix A: Kittitas County Collision Data, 2017-2021...........................................................................................25 Appendix B: Road Segment Scoring and Project Prioritization................................................................................29 2 Executive Summary The Kittitas County Road Safety Plan 2023 is a continuation of a biennial road safety plan program created to reduce collisions within the County Road network. Following the Washington State Department of Transportation's (WSDOT) Highway Safety Improvement Plan (HSIP) grant application methodology for creating a prioritized road safety plan, crash data analysis in combination with staff identification of certain roadway characteristics throughout the County Road network, a list of prioritized projects implementing various countermeasures was created. These projects were further prioritized with engineering judgement using considerations such as estimated project cost, feasibility, and improvement timing. Total project costs were also determined and accumulated, and if needed, broken down in phases to be completed as funding opportunity allows. • Priority_ One - Huntzinaer Rd Safety Improvements Phases identified by milepost instead of total score because all phases are priority one. Milepost conscious phases allow the county to continue heading south along the corridor. Phase breakdowns are provided in the project description with fu rther cost estimates per phase. ESTIMATED PROJECT COST. • Phase 1- $1,580,700 • Phase 2 - $1,457,775 • Priori Two — Brid a and Structure Improvement 178 bridges and structures were Identified as in need of improvements in previous safety pians as well as the 2023 safety plan. Due to limited county forces, this project will allow the County to solicit an outside consulting service to evaluate and prioritize a systematic way to address these deficient bridges and structures by creating a crashworthy and cost-effective solution. Although the County has already invested in prioritizing and grouping these structures, additional research, planning, and engineering is required to create feasible projects that meet current standards. The desired outcome of this planning effort would be a systematic process to begin addressing the 178 identified bridges and structures. ESTIMATED PROJECT COST- $150,000 Priori Three — Denmark Rd Denmark Rd MP 0.5 to MP 4.35 has moved up in scoring prioritization. it was noted in our previous 2017, 2019, and 2021 Road Safety Plans as a safety priority. This roadway has five bridges/structures that have deficient or no bridge rail. The segment scoring 100 has a curve that needs safety improvements and contains accident history. This project would provide safety countermeasures to the entire Denmark Rd corridor. ESTIMATED PROJECT COST- $2,704,488 3 Priority Four— County -wide Horizontal Curvature Plan Roads with horizontal curves have been identified by Kittitas County as high-risk areas susceptible to motor vehicle accidents. It was noted in previous safety plans the need for Kittitas County to implement a way to collect horizontal curve data in order to better identify and prioritize roads that are high-risk, Priority four would create a two-phase project with the first phase being a planning project to collect data and categorize road segments, allowing for a systematic approach to improve safety County wide. The second phase would be an action phase where the County uses collected data to implement safety measures on road segments identified as high-risk in phase 1. ES77MATED PROJECT COST: G Phase 7 - $150,000 Q Phase 2 - $300,000 4 Introduction The 2023 Kittitas County Road Safety Plan is a comprehensive program of safety improvements aimed at reducing all collisions, but specifically fatalities and serious injury accidents across the entire county road network. This safety improvement program was developed using a strategy similar to the Washington State Strategic Highway Safety Plan: Target Zero 2019, in which crash data is analyzed to identify accident trends and contributing factors, and then sites within the road system are prioritized using a risk-based ranking system. Safety improvement projects are then developed to target specific locations and systematic improvements that provide the greatest benefit to the traveling public by preventing potential fatal and serious injury accidents. Due to the sporadic nature of crashes on rural county roads, it can be difficult to determine trends using past data alone to choose locations for improvements. However, past crash data can be used to predict future crashes by evaluating the contributing factors and targeting improvements for roads with similar characteristics. As a result, Kittitas County has decided to utilize this strategy to allow for a proactive approach that benefits more locations throughout the entire county road system and is more cost effective than only focusing on past crash locations. Data Analysis Data used for this evaluation was provided by Washington State Department of Transportation (WSDOT), The data includes detailed information about crashes on Kittitas County roads from 2017 to 2021, including a comparison of how Kittitas County's roads to other public roads in the state, detailed in Table 1. Although overall, fatal and serious injury collisions occur at a similar rate to other public roads within the state, Kittitas County is committed to reducing these types of collisions and strives to collaboratively achieve the statewide goal of zero deaths and serious injuries on Washington's roadways by 2030. The Kittitas County Road Safety Plan focuses on identifying cost efficient safety improvement projects that offer substantial safety benefits countywide and reduce potential fatal and serious injury collisions along Kittitas County's roadway network. 5 Table 1. Types of collisions, number of crashes and percent of crashes for Kittitas County, all counties -county maintained roads, and all public roads. Type of Collision Kitthas County AM Counties -Co. Maintained Roads Ali Public Roads (Washington State) Number of Percent of Crashes Crashes Number of Percent of Crashes Crashes Number of Percent of Crashes Crashes Number of Fatal Collisions 4 13.80% 696 23.80% 2,655 20.30% Number of Serious Injury Collisions 25 86.20% 2,232 76.20% 10,396 79.70% Number of Alcohol -Related Collisions 8 27.60% 591 20.2061. 2,723 20.90% Total Number of Fatalities 4 729 2,863 Total Number of Collisions* 654 69,198 8,366 Total Number of Injuries" 245 30,100 E212,646 'includes fatal and non-fatal "Includes serious and non -serious. The 2017 - 2021 WSDOT provided collision data was further evaluated to determine the predominant crash types, contributing factors, and specific locations. As shown in Table 2 below, the predominant causes of fatal and serious injury collisions in Kittitas County are °hitting a fixed object" and 'overturning! Crashes involving fixed -object hazards, or non -traversable roadside slopes within clear zone accounted for 44.80% of all fatal and serious injury collisions. Additionally, 20.70% of the fatal and serious injury collisions were caused by vehicles overtuming. Unprotected roadside slopes steeper than 3Horizontal:1Vertical are considered non -traversable and contribute to overturning accidents. The predominant conditions where fatal and serious injury collisions occurred included higher speed roadways with low lighting conditions, and where roadway curvature was a factor. This accident data seems consistent for a county like Kittitas where most of the roadway network is rural without lighting features. Accidents tend to be more severe when speeds are higher and where low light conditions hinder driver acuity, especially in horizontal curves where drivers are more likely to leave the roadway. Non -intersection related collisions accounted for 72.40% of the fatal and serious injury collisions, although a large proportion of total accidents (non- injury, serious injury, and fatal) occurred at intersections and main corridors leading to potential for more serious accidents at these locations. For the fatal and serious injury collisions accident report details please see Appendix A. M Table 2. Crash data for fatal and serious injury collision by jurisdiction and collision type. 2017 through 2021 Crash Data Fatal/Serious Injury Colllsion Types and Conditions Type of Collision (Run-off the Road) Kittitas County Number Percent of of Crashes Crashes All Counties -Co. Maintained Roads Number Percent of of Crashes Crashes Ali Public Roads (Washington State) Number percent of of Crashes Crashes Hit Fixed Object - Roadway Ditch 4 30.80% 208 16.60% 442 12.20% Hit Fixed Object - Tree/Stump Stations 3 23.10% 293 23.40% 654 18.00% Hit Fixed Object - Fence 1 7.70% 80 6.40% 181 5.00% Hit Fixed Object - Earth Bank 1 1 7.70% 139 11.10% 319 8.80% Hit Fixed Object - Over Embankment 1 7.70% 91 7.30% 250 6.90% Hit Fixed Object - Boulder Stations 1 7.70% 31 2.50% 59 1.60% Hit Fixed Object - Utility Box 1 7.70% 8 0.60% 24 0,70% Hit Fixed Object - Rock Bank 1 7.70% 7 0.60% 36 1.00% Total Hit Fixed Object 13 4480% 1,254 4280% 3,636 2790% Total Overturn 6 2070% 259 880% 858 660% Light Condition - Dark, No Street Lights 8 27.60% 823 28.10% 2,078 15.90% Light Condition - Dawn 1 3.40% 66 2.30% 240 1.80% Light Condition - Dusk 1 3.40% 108 3,70% 424 3.20% Light Condition - Dark, Street Lights On 0 0.00% 264 9.00% 3,128 24.00% Total Light Condition 10 34.40% 1,261 4310% 5,870 4490% Non -Intersection - Not Related 21 72.40% 1,960 66.90% 7,435 57.00% Road Curvature - Horizontal Curve 10 34.50% 1,046 35.70% 3,164 24.20% Over Centerline 2 4.70% 103 2,801/6335 2.10% Motorcycle 5 13.50% 625 14.900 ,504 12.00% Posted Speed Limit at 50 mph 25 73.50% 919 25.10% E21,884 10.80% Risk -Based Prioritization Methodology Run-off the road crashes have been identified as the predominant collision type in Kittitas County and are occurring at a disproportionately high rate on specific corridors as compared to other public roads in the state as shown in the crash data provided by WSDOT for 2017-2021, reflected in Table 2. As a result, this plan will focus on roadside safety improvements to reduce the severity and number of accidents on Kittitas County roads where it is most likely that run-off the road crashes will occur. From a safety perspective, the ideal roadway is straight with roadsides that are flat and unobstructed by hazards. Straight roadways eliminate the need for drivers to navigate curves, reducing the chances of running off the road. Providing the recommended clear zone and roadside slopes allows drivers to safely recover control of a vehicle in the event they do leave the roadway and helps ensure fixed -object hazards do not cause fatal or serious injury 7 accidents. The aforementioned roadway geometry and clear recovery area is the goal in improving roadside safety but is often cost prohibitive due to the geography of the area and is not supported by rural character or practical design. In cases where it is cost prohibitive to eliminate roadway curvature and create an unobstructed traversable roadside, alternative improvements that may reduce the severity of an accident or alert a driver to a hazard should be considered. This safety plan focuses on roadway segments and intersections where low-cost high benefit countermeasures and improvements can be implemented. These countermeasures and improvements may include improved or increased pavement markings, breakaway features on posts, guardrail deployment, bridge rail retrofits, rumble strip installation, and signing and traffic delineation upgrades, all of which may be implemented to reduce fatal and serious injury collisions. Based on the crash data for 2017-2021, 70.40% percent of the total crashes involved roads with an average daily traffic (ADT) of 175 or more and with a speed limit of 35mph of higher. In order to have the greatest potential impact in reducing collisions, the county considered roads for evaluation and prioritization of safety improvements with the following characteristics: MINIMUM CRITERIA FOR INCLUDING ROAD SEGMENTS IN SAFETY PLAN: • Paved: Asphalt Concrete Overlay (ACP), Hot Mix Asphalt (HMA), or Bituminous Surface Treatment (BST), • ADT of 175 or more. • Posted speeds of 35 mph or more. • Collision within segment in the past five years. The minimum criteria include the preliminary eligibility requirements as defined by the U.S. Department of Transportation Federal Highway Administration's Highway (FHWA) Safety Improvement Program (HSIP) as stated under the 2023 County Safety Program: Call for Projects solicitation for grant funding. Additional scoring criteria has been developed by Kittitas County Public Works Staff and used consistently throughout multiple years of safety planning to provide scoring and prioritization continuity. The additional criteria include a heavier weighted score for segments listed in the previous County safety plan, roadway curvature — horizontal curve, and collision seriousness (injury, serious, or fatal). Kittitas County recognized in previous safety plans the need to collect clear zone data that would reflect the current clear zone condition of all county roads. In 2022, a clear zone inventory was conducted that targeted known hazards such as shoulder width, side slope grade, and fixed objects in the clear zone of all county road segments. The hazards found in each road segment were scored based off severity and later totaled to get a final score per road segment, Each road segment was then ranked and given a weighted score that mirrored previous scoring criteria of past safety plans. County road segments possessing the minimum criteria characteristics, as well as the additional criteria characteristics, were evaluated and scored by the weighted method shown in Table 3. The complete list of resulting road segment prioritization is shown in Appendix B, 8 Table 3. Scoring criteria and weighted score values used in assessing road safety project priority for 2023. Higher scores indicate a higher priority road segment and/or higher countermeasure needs. Development of Road Segment Safety Improvements After roadway segments were prioritized using the risk-based scoring as described above, the results were reviewed, and the list was shortened so the plan could focus on the segments that would see the most benefit from safety improvements and eliminated erroneous results or locations reflecting outdated information. Road segments with a score lower than 55 were removed from consideration in an attempt to break segments down into higher priority rating and lower priority rating groups. Road segments that were within the scope of current improvement projects or recently completed improvement projects were also removed. Each accident report was examined for further details regarding the incident to further identify contributing factors, driver actions, alcohol or drug influence, intersection related, and any countermeasures already in place. The list of candidate locations was further reduced by eliminating roadway segments where accidents were alcohol or drug related with no hazard at the site and segments where countermeasures were already in place and or where no countermeasures would have prevented the accident, VVhiie these road segments are important to monitor, focus is given to other locations where collisions due to deficiencies in the road structure can be addressed. The remaining roadway segments were then evaluated for potential safety improvements and countermeasures. Huntzinger Road has been identified as a safety need in the 2023 Safety Plan as well as in past safety plans. Crash data shows several areas where road curvature; both vertical and horizontal, steep embankments, and no shoulder 9 Scoring Criteria and Weighted Scores Item Number Factors and Collision Types Score 1 OVERALL CRITERIA MET: Meets minimum criteria and was included in previous local safety Ian 20 Meets minimum criteria but not included in previous local safety Ian 10 Does not meet minimum criteria and was included in revious local safety Ian 5 2 Clear Zone Inventory Shoulder Width Side Slopes, Fixed Objects 90th Percentile of highest scored roads based on clear zone inventory 20 80th Percentile of hi hest scored roads based on clear zone inventory 10 70th Percentile of highest scored roads based on clear zone inventory 5 3 Roadway Curvature — Horizontal Curve Over 50% of the road is in a horizontal curve 20 About 10% to 50% of the road is in a horizontal curve 10 At least one section of the road is in a horizontal curve 5 4 ONE OR MORE FATAL OR SERIOUS INJURY COLLISION(S) — 2015 THROUGH 2019 Fatality er person/s)50 ea. Serious Injury (perperson/s) 40 ea. 5 INJURY(perperson/s) 15 ea. Development of Road Segment Safety Improvements After roadway segments were prioritized using the risk-based scoring as described above, the results were reviewed, and the list was shortened so the plan could focus on the segments that would see the most benefit from safety improvements and eliminated erroneous results or locations reflecting outdated information. Road segments with a score lower than 55 were removed from consideration in an attempt to break segments down into higher priority rating and lower priority rating groups. Road segments that were within the scope of current improvement projects or recently completed improvement projects were also removed. Each accident report was examined for further details regarding the incident to further identify contributing factors, driver actions, alcohol or drug influence, intersection related, and any countermeasures already in place. The list of candidate locations was further reduced by eliminating roadway segments where accidents were alcohol or drug related with no hazard at the site and segments where countermeasures were already in place and or where no countermeasures would have prevented the accident, VVhiie these road segments are important to monitor, focus is given to other locations where collisions due to deficiencies in the road structure can be addressed. The remaining roadway segments were then evaluated for potential safety improvements and countermeasures. Huntzinger Road has been identified as a safety need in the 2023 Safety Plan as well as in past safety plans. Crash data shows several areas where road curvature; both vertical and horizontal, steep embankments, and no shoulder 9 contribute to run -off-road accidents. Injury and serious injury accidents have also contributed to the increase in priority Huntzinger Road has experienced with the County. Segments along this road have been identified as areas where safety improvements would make a large impact on reducing total accidents in the future. Huntzinger Road has been split into a two-phase project that addresses approximately half the road at a time, starting with the higher risk portion based on collected data. Additionally, the County has re -thought its approach to addressing the need to improve 178 bridges and structures that have been identified as having deficiencies. Past safety plans have also addressed this need, but due to limited County forces, Kittitas County has been unable to provide a feasible solution to this problem. Recognizing the importance of addressing the deficiencies in these structures, the County needs additional research, planning, and engineering to come up with a feasible solution. Through this, the option for an outside consulting service to evaluate and prioritize a systematic way to address these deficient structures would be possible. Prioritized Cost -Effective Safety Improvement Projects Road segment safety improvement identification used a combination of spot location and systematic approaches, After improvements were identified, they were prioritized based on the potential for crash prevention and greatest benefit, as supported by engineering judgement. Kittitas County evaluated the scoring and road segment safety improvement results to find high risk, sizable benefit countermeasures to group together as countywide safety projects that promptly provide the biggest benefit for the most efficient cost. Examples of grouped projects in past safety plans include bridge rail improvements and Intersection Corridor Improvements. Bridges rated Code 1, Code 2 and Code 3 were broken into phases to create more manageable projects for design and construction improvements. Such improvements include bringing bridges up to current WSDOT standards through approach improvement, replacement of timber railings, or the addition of railing for bridges with none. In addition to this, Intersection Corridor improvements across the county would target specific intersections that have insufficient or non -effective safety measures based on accident data and safety studies. Kittitas County is currently 95% complete in its designs to improve previously targeted intersections and corridors by improving clear zones, providing LED -enhanced signs, and taking increased visibility measures for high- risk locations. By focusing on similarities in the roads and their needs, priorities for the 2023 Kittitas County safety improvement projects were formed to address a wider range of project locations for safety improvements, rather than specific road focused projects. This allows the County to better reduce the possibility of fatalities and/or serious injuries across the County. In addition to this, locations with similar geographic vicinity were grouped together to provide efficient contracting and create more cost-effective projects. A summary of the Safety Improvement Projects can be found in Table 4, followed by project details including preliminary scope, locations of the proposed work, and an estimated 10 cost for the improvements. Notes regarding the engineering judgment that affected project prioritization can be found in the Executive Summary 11 CN e b� � G` 22 ■ t o E a R g o LLa� 2 j o m m m n @ o ° n m ° ® co, 8 R S m 2 2 �@ Q § § } § § m BLn ~w ) @ � ■ m\0/[ Ir er fr crm§ zcoLLI §z ) \ \§\kLL.EE < § § § § � � m § � 0C) k E § z z 2 @ 2 2 £ ix 2 — b- ƒ Priority 1: Huntzinger Road Safety Improvements a. Phase 'I -MP 5.14to MP 10.74 b. Phase 2 -MP 2.70 to MP 5.14 Huntzinger Road has several segments of road that scored high on the risk-based prioritization both in 2021 and in 2023. Although the accident data only reflects moderate hazards, the characteristics of the road show several areas of curves; both vertical and horizontal, steep embankments, and no shoulder which are the largest contributing factors to run -off-road accidents. Guardrail, signing and delineation improvements to this corridor are cost -prohibitive so the county has prioritized the phases in order of mileposts. Milepost 5.14 to 6.99 had a total score above 55 in 2021, however dropped below this threshold to a total score of 40 in 2023. This may be due to the change in methodology used to collect clear zone data and rate clear zone data per road segment in 2023, For this reason, Kittitas County has opted to combine this road segment with phase 1 of the Huntzinger Road Safety Improvements priority. The Huntzinger Road Safety Improvements project is a priority for Kittitas County because recreation opportunities and new residence traffic are rapidly increasing along this roadway. Kittitas County would like to acknowledge a current and continuing monitoring and evaluation stage for safety in these segments of Huntzinger Rd. 13 Priority 1: Huntzinper Rd Safety Improvements N Till x 1 Huntrh:ger Rd s1 Roads Owned By: aa� _K • Phase 1 is between MP 5.14 to MP 10.74 where road segments have crashes involving injuries and severe injuries, segments with sharp horizontal curves, vertical curves, steep embankments, very little to no shoulder, and areas In need of guardrail, signs and/or delineation. ESTIMATED COST $1,580,700 • Phase 2 is between MP 2.70 to MP 5.14 where road segments have several horizontal curves, steep embankments, and no shoulder in places with minimal countermeasures in place. ESTIMATED COST $1,457,775 a 14 Priority 2: Bridge and Structure Improvement Project Through ongoing efforts to identify hazards near and/or at bridges or structures countywide, 178 structures were identified to have deficiencies. These were codified into three types. Code 3 for no rail or timber rail and 60 were identified. Code 2 for no approaches or non-crashworthy railing and 100 were identified. Code 1 for rail that does not meet current AASHTO Manual for Assessing Safety Hardware Standards (MASH) and 18 were identified. With the high quantity of deficient safety measures on structures being countywide, an approach by maintenance district grouping was implemented to allow for rail improvements in a series of projects. As further data such as survey was collected to provide preliminary engineering options to implement these improvements to reduce the severity of crashes that have or may occur at these structures, another element was identified. By adding rail to these deficient structures, the county found that improvement would not be an improvement at all. Attaching to a deficient structure would not meet current standards. it would change the Code 3 to a Code 1 but would not reduce the hazard. No protection for errant vehicles leaving the roadway would still be present. The narrow structures, narrow roads, and no shoulder would create a larger project at each site. Another approach is needed. A planning project that would allow for the research needed to create a solution that would meet the Target Zero goals, meet standards, and be the most cost-effective solution for the County. With further research, planning and preliminary engineering, a project that would be successful for these structures will be needed. As the county forces are limited, a project that allows for consultant services to create a crashworthy and cost-effective solution is a priority for Kittitas County. Structure widening or replacement projects to allow for improvements to meet current standards is an approach that must be considered and planned for. 15 Priority 2; Bridge and Structure Improvement Projects ESTIMATED COST - $150,000. N A 16 �w � � f 04 • 0n*and Sbufte Snpr n.9rn ntw - �_alma► au.d�.w rw•�I.o.o+.a. QM-dy M -d7 = .. o, o 9 o --- milm 0 p d r p, o ILLR A4ifOAlf ^�• R`Y1M © 1 Q 6 Q c ^� .NMI © 0 16 Priority 3: Denmark Road Safety Improvements Safety countermeasures and roadway improvements of a sharp comer with steep embankments at MP 3.57 would aid to prevent run -off-road accidents on this specific road as it has a history of accidents at this location and was identified in previous road safety plans as well as the six-year transportation improvement plan. The county included multiple road segments to provide improvements to this entire roadway corridor, from MP 0.50 to MP 4.35 which includes bundling structure crossings to the project for efficiency and cost-effective contract letting, This segment includes five bridges with failing rails and/or no rails within maintenance district K; 79143-ob, 79144, 79261-ob, 79262-ob, 79351-ob. Alternatives to address these crossings may include structure widening, structure replacement and the addition of barrier and guardrail. Recent improvements at this site include an extension of the culvert at MP 3.57 under Denmark Rd by about 1 5f and the addition of rock to prevent undercutting of road. The shoulders of the roadway were also built up by approximately 2ft on the outside of the comer and 3ft on the inside of the corner. Further countermeasures such as those mentioned in this section are needed as this work itself does not prevent run -off-road events. 17 Priori 3: Denmark Rd Safety Improvements ESTIMATED COST $2,704,488 • Denmark Rd from MP 0.50 to MP 3.08 has several structures in need of adequate railing. Alternatives to address these structures may include structure widening or structure replacement. • Denmark Rd from MP 3.08 to MP 4.35 has steep curves, both vertical and horizontal. The road narrows greatly at the corner with steep embankments on both sides of the road. The countermeasures in place are minimal and no rail is present at the corner. • Recent improvements include extension of the existing culvert and the addition of rock to prevent undercutting of the roadway and shoulder buildup. • Denmark Rd includes five bridges rated as Code 3 (see Priority Two in this plan). Bridge IN are: 79143-ob, 79144, 79261-ob, 79262-ob, 79351-ob. F� 18 i D—ft Ra m...•u Rptla coon.aer • Denmark Rd from MP 0.50 to MP 3.08 has several structures in need of adequate railing. Alternatives to address these structures may include structure widening or structure replacement. • Denmark Rd from MP 3.08 to MP 4.35 has steep curves, both vertical and horizontal. The road narrows greatly at the corner with steep embankments on both sides of the road. The countermeasures in place are minimal and no rail is present at the corner. • Recent improvements include extension of the existing culvert and the addition of rock to prevent undercutting of the roadway and shoulder buildup. • Denmark Rd includes five bridges rated as Code 3 (see Priority Two in this plan). Bridge IN are: 79143-ob, 79144, 79261-ob, 79262-ob, 79351-ob. F� 18 Priority 4: County -wide Horizontal Curvature Plan Roads that include horizontal curves have been identified as high risk by Kittitas County in both the 2023 safety plan, as well as past safety pians. To better prevent future fatal and serious injury accidents, Kittitas County would greatly benefit from future projects that utilizes horizontal curve data to identify roads in need of crash prevention measures. Through various instruments and equipment to collect data, Kittitas County can implement projects such as advisory speeds, LED chevronslarrows, and additional Carsonite safety posts to prevent future fatal and serious injuries on the road system. Although it has a lower priority than other projects, it is a low-cost proposal that could also reduce the cost of future projects. 19 Priority 4: County -wide Horizontal Curvature Plan ESTIMATED COSI, Phase 1: Planning • $150,000 Phase 2: Implementation - $300,000 20 TI"At SPEW ROAO r1 ROAD IUM! I NMP ! EYP f MIIOTN I LIMIT 11107 IeURFAGE,YPEI E LAST 5YEARS� I CRRER111 I T* f CUWATT11QY I I I STCOAE cu"AU4 s— ale TOTALSOFCOLLIEIOYAI OVERALL ClEAR7AAE IIMOYTAY FATAL 011 ROAD NbAb NAME Slli ESU MT0111 LSIR AOT E1IRPACl TYPE LAST IYEARS ..]MYENTORY CYN13riALE !T!!E S-RY SCOP1 21 • Road segments scored by horizontal curve severity to identify potential locations for countermeasures. Road segments were then ranked highest to lowest based off score. O Scoring based off Table 3: Scoring Criteria and Weighted Score. 22 ■t'� ria mE�©� ���� �� ��r����s gra o®�0 ©ICMM o � � �■ ■■r�rr� o � 0 Zola= �®�wr �m �-� a Jnr �rrrryriwr� v ®ins o �aa�o ■rte®� wog■ �r �w �����a�■i ��©os��®o�o■�� MUM MERM ��� ®��r��w■w�■ �� ��rsw��� m ire®EN73Mo©�o�©�r��wo�n r.� m�a� ©oma �w� ■� o,r�rrit��a rr�r�r ��a r•����� �rrr �■ err r��� rird�a r�r�®mow ELIEMETE S-AN MURM ■rrQ®®�rrr���� IMEME �MOTM - ����oo��a�rrraMurrrewrrrE�arrF;� • Road segments scored by horizontal curve severity to identify potential locations for countermeasures. Road segments were then ranked highest to lowest based off score. O Scoring based off Table 3: Scoring Criteria and Weighted Score. 22 References Arnold Jr., E.D. and Lantz Jr., K.E,, Evaluation of best practices in traffic operations and safety; Phase 1; Flashing LED stop sign and optical speed bars. Virginia Transportation Research Council. 2007. Chandler, B., Grey means go: Colorblindness in transportation. Institute of Transportation Engineers. March 2021. Davis, G.A., Hourdos, J., Xiong, H., Estimating the crash reduction and vehicle dynamics effects of flashing LED stop signs. Minnesota Department of Transportation. 2014. Gates TJ, Carlson PJ, Hawkins HG. Field evaluations of warning and regulatory signs with enhanced conspicuity properties. Transportation Research Record. 2004. Kittitas County Public Works Department. Kittitas County Road Safety Plan. 2023 23 List of Appendices Appendix A: Kittitas County Collision Data, 2017-2021 Appendix B: Road Segment Scoring and Project Prioritization 24 Appendix A Kittitas County Collision Data 2017-2021 25 N Lpeadg pa;sod Lo 00CD S M 00 CD h Ln C> h M � co Ln co O Lo�� h N 6l h O M rn Lo N O U) co h Lo M h Lo Cfl m mO to U) m M CO U)���� 6l M ti M O CO laV LO CDO N N M N r N r M } > N } M v N N [O N r r O) cl r r r N r N N r CON O'7 N r r Go N > } WCCE M } M r } N N } CD V �.j co M r U") M r y;plM;uawanBd LPOAld LaEofuo;ow Lauipawao fano Launa uo I,uMBa"sna Lvea 6umpano G UI LL Q1 N O _ d V N Lo N V .ro m m w v n n E 10 Z J G C C O C7 E o T E CO " N O G Q T 0 C VH;oefgp o s }. G s s CD s - s O [l LL LL O O O O O O m o E N O Y Jp a g m V m m a m o g W YZ5 v io m O O _ 4 ILU LLE L LL L;wfgo poxi;;iH O N r c0 11 r M Ln N OO Q1 N � OD [*) N O O� O O r} 1z G O O O 67 O r in �� r 0 r w 4f [o LO m w m (O h S O O } M N �s�d aEl N M N ti m 7 O N S O N C1 O M O w O N U7 LV w N z Y t(S E 0 0 Z T T AaMPBOH c v = 73' v c s$ E W rn _ ? a 0- 7. 7 VJ U a� O T G Q1 LL C C VJ .� V J G O� O a7 O] m IIIBWIJd c O G N U �_ 03 B T LO py c C) V V r (p m m U N Fu lL E m tm m" E m m > m m m Y j = _ Z5 'D a a CL I N O h O N h 0 N O N N N N h N N N O O cn N spa N O N N O N CD N O N O N O CD N ti O m�� N O N C` N CD N O O C O b� N� LO N �� N h N uli mm r_ N CD N .d, N (D _O N h O C) N .4. f'�J N p m M 0_ I.- 47 [O N w m I� � O W O m O agWnH;JOdaa co co �_ �p p Co M h O� aD oo T [p O h f0 co ao 01 h M M Ln N p V �D v w CO N M cri co h O1 M O aa oO�) q�q�� f` IOC CO N h W h W cq� UJ cq� W iJJ W W W M 0 i LMLL So N f 0 I ove f f a ti t+ 4 'A n N -40 J' y. ■ 4 'A n N Table 2. Total number of accidents per road (County maintained roads only), 2017-2021. Road Name Number of Accidents Road Name Number of Accidents Road Name Number of Accidents lslSt(Thorp) 1 Hunter Rd 1 Sanders Rd 8 Airport Rd (Cie Elum) 2 Huntzinger Rd 15 Sisters Rd 2 Anderson Rd 1 Hyak Drive East 1 Smithson Rd 3 Badger Pocket Rd 4 Kachess Lake Rd 2 Snoqualmie Dr 2 Ballard Hill Rd 1 Kaynor Rd 1 Sorenson Rd 1 Bender Rd 5 Killmore Rd 1 Sparks Rd 2 Berry Rd 2 Kitbtas Hwy 45 Strande Re 1 Bowers Rd 1 Koffman Rd 1 Sunlight Drive 1 Brick Mill Rd 11 Lannigan Springs Rd 1 Taneum Rd Fast 2 Brick Rd 9 Liberty Rd 1 Taneum Rd West 1 i Brown Rd 2 Look Rd 7 Taylor Rd 1 Bullfrog Rd 13 Lower Green Canyon Rd 2 Teanaway Rd 13 Burke Rd 1 Lower Peoh Point Rd 3 Thomas Rd 3 Bynum Rd 1 Lyons Rd 3 Thorp Cemetary Rd 4 Cabin Creek Rd 0 Main Street (Vantage) 2 Thorp Hwy North 4 Canyon Rd 14 Manastash Rd 13 Thorp Hwy South 16 Casassa Rd 0 Middle Fork Teanaway Rd 3 Thorp Prairie Rd 8 Carek Rd 1 Moe Rd 1 Thrall Rd 18 Caribou Rd 2 Mohar Rd 2 Tipton Rd 1 Cascade Place Rd 1 Morrison Rd 3 Tlossem Rd 12 Christensen Rd 1 Mt Daniels Dr 1 Umptanum Rd 19 Cleman Rd 5 Naneum Rd 6 Upper Badger Pocket Rd 14 Clerf Rd 5 Nelson Dairy Rd 2 Upper Peoh Point Rd 17 Colockum Rd 3 Nelson Siding Rd 7 Vanderbilt Rd 1 Cooke Canyon Rd 4 No 6 Rd 24 Van%ge Hwy 15� Cove Rd 6 No. 81 Rd 9 Venture Rd 1 Denmark Rd 6 Parke Creek Rd 5 Watson Cutoff Rd 1 Dry Creek Rd 2 Pasco Rd 1 West Fork Teanaway Rd 1 Fairview Rd 7 Passmore Rd 1 Westside Rd 17 Faust Rd 1 Payne Rd 1 White Pine Dr 1 Ferguson Rd North 1 Pays Rd 1 Wilson Creek Rd 20 Fourth Parallel Rd 2 Planning Rd 3 Fowler Creek Rd 1 Rader Rd 1 Game Farm Rd 5 Railroad St 3 Gladmar Rd 1 Recreation Dr 1 Goff Course Rd 1 Reecer Creek Rd 17 Hannah Rd 0 Riverbottom Rd 2 Hanson Rd to Robbins Rd 4 Hem ingston Rd 1 Robinson Canyon Rd 9 Hungry Junction Rd 7 Salmon La Sac Rd 9 >10 and <50 accidents >50 accidents 28 Appendix B Road Segment Scoring Results 29 W F� oaqq N Q� r� 4�b C7 prnYG000m�a Cq f7 ^ r 0 0 0� O. O G O LL7 O O Ifi I� Y] f� IFS !ry O p h. fes. I+ A i O� ifi 11] I[] O 4 h fOlrO tG fO f0 �O:fP p I I r 'sY a r 01 I�] fD OS "t — W r LO C7 O l'] Cr1 L7 fO r r C7 -�t M � C7 � r � V Cry Z O o 0 0 0 o b G p o 0 0 o G o o b a 0 0 0 4 p o 0 0 o a 4 p g o G o o G o w LL � W Q' 7 aO N! N a lf] N In 47 Ii'S 4] N O O rO N I N 1[5 I(5 O o 4 u"JLOI17 N N E � V I W } z I O W ix ZQ O O O�N O Q N O a 4 4I� b p p p p p lf5 0 0 0 0 0 0 N N J Lu 9 H U Z J S la W` W L O N pp O N N O N O N o N O a N N pp pp 4 0 N N N N O N O O O N r N oo L'V 0 N 0 N 0 N 0 O O N N N N O N C CCVV 4 N 0 0 0 N r I NV 0 0 O a 4 4 0 N N N 0 Z O F `J � N �'Rt [O Qi 'sY N N S I`J rO f`] (O � f7 N r E� m N f"] u Z LL — O i � I W 7 m m m m m O.. N H m¢ m N m m c~i) m t~n m N m¢ U m N m u) m U -n m ~ rn u~i m m m¢ U ~ U~7 CC -n U m m m¢ ~ W 1�D co N � I` fry N r N N P I W Lo O in m N N fD [h Cr7 ('S 7 I I`�] [0o N r IO W W Q. W J O ILJ p m I/3 Ih 4 IL1 4 Ll? II] M 0 0 4'7 Ii] 0 0 0 0 y') IL] K] ISS 0 O 0 0 4 lf5 IL] lf5 0 IL] 47 C7 C7 4 L[] 0 0 0I0 In rL? u) 4') O IL'f O II] G 4'f I[1 O a Q N lL1 ILS lf] S'S N] O O O C b -----ILS In - - - - p ILS a - 2 O� N N N N N N N N N N N N (fir) C-4 IOS LO CJ C`O�J o Qp O S In IQ ppp O N pID (per 8 S , j1�,seppp � m ! W O p S p- m O Cpy W LY If] 7 N u'S E co Iff N N �-- IO tip N f� N ISD O r 4] N M N 1. N QS CP 4 N] r a 0 Q1 !�r5 I`J 0I 0 r N 1- m N IOD m n f, f� O n pOWp ILl ti m N O O m s O� m Ifs O O p Op O T O Qt7i (L]O NID NI IO LOILS 0 L�j r CV LV O O O O nl W (r] al[} a r v o W (7 K] Ifs o p p IV C v �ci3�nOner�n� n x lz E �� n0o Of w� w x a x x Y U w z oo ��- o= W n } n x w o z x Ln t7 z S xw¢�wiwlD��zw� C7 ME C7 OZnxzzLnQrzawzC7c7xJa�}¢L U�L. YO U z� }s w F.- O w s Q [Fil a W , ¢ Q g J zJ zE co U� 2't.� oIaJdm¢ x J Q U }O Z '¢ r- H Z jw�� U C7 Q Z N z N Y Z f p U� () d 6 } w Q z x z o zzn mo'�ryOm� 'nC7Y 'OjE7d' x•>>_ JUO mz_'aW J�ScD c� f1J I� m w Z ��7 T m m~ T2 S n Ll 2 2 fl I o m 0 o [D fa lfJ O O m ll] O o In o en o ti i -110 r� o m p I0 Q N N ISO O N N 4p'] QOi m IID ILS W(O M � N � rn LO b O 1-11 f0 7 I`•J V 4] Ifs KS @' ll� O t�P 4) R W (O IL1 I m . IO G 01 O) � O] [*5 O (A fti f+ U] N a [+] O1 LA W Cb Cli O M c�tl�c�c�omm -�'Iu u"gu�il Iv'n.ILo oV M } j oMcr)m2 mmmmrlmmrarlmrr�rmc- .Ousutl Vim nm u2pc,o � � II I m 0 0 m 0 0 0l0 0 o Olo olO�o O " I i LU ZLU I i Z 0 Lu Ooh O In Rim m m m;..1. II c c. V Z N 11 I f I � u 0 r 0 N 00 N N 0 N 0 N o r O NDN (o V i I l i C au1 alm If Q .141N11 lfl r"m m a r ty r LL k ? 0 W aac r m¢mmml�m��.1= a r H H H M H pto oNrn�S���n�cm'n"�"�olm a co w W m N E I �r G F w oinmmm i `AIR p 2 2 in u�000lln lnlo CCL J n m{ n n m S m m n n nlc+� mIU f 0 N NiN I WIO N W N W N W N JN NDN O N W N N O O N N N W N WIQ NI� WI mlm. I a vvol�no����wruQi000gilc��j� Il.I r �+j � e.)i r r 11+ ni i nl cc c�i nt o m O? Ilf r r rim I (+] i{ � ri ('•i N I a .L, cr? OR cr? I p 0 0 Qo2S m o 25 jr� Filo O �'o c`� N LL' O O O O o L, xw �I�I� w o z z Z Z ¢ in K J d Q' w O J U = Lf? w QQiZ�Q 44d' It Old x 2 x w S Z O Z O co 2 a xlQac1r~�n1 ~im o O x m r 0�=!c O�`w'O�a rLu O a d~ & J S z�~ a a EL Q_ E fl O O O Inca I N 1— fD O O r o' I O10 N r�"II`WtO C IA Cld WlO Imm [•] [O m N Q LA I K] Q> �D Of Q !O N N m N Ii] 6f M N (O Q 11J M N N 0] + I KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Joshua Fredrickson February 27, 2023 Survey Monument Preservation Policy Direction to Staff RECOMMENDATION: Direct staff to prepare resolution for adoption of proposed Survey Monument Preservation Policy. BRIEFING SUMMARY: • WAC 136-50-050 was revised to add a requirement for counties to include a policy regarding survey monument preservation. • Kittitas County implemented a monument recovery program years ago, ahead of policy requirement. The proposed policy reflects current business practices. • Monument Memorandum of Understanding (MOU) with Department of Natural Resources has been in place but is not accepted by CRAB as policy. ■ A survey monument preservation policy has been drafted to meet CRAB requirements and reflects our current business practices. BACKGROUND: In 2022 the County Road Administration Board (CRAB) revised WAC 136-50-050 adding requirement for counties to include a policy for survey monument preservation. For several years Kittitas County has had a MOU with DNR regarding survey monument preservation. Since the formation of the County Surveyor position in PW, County Surveyor Turnbull has been recovering monuments as an annual work program element since his hiring. DISCUSSION: With updated requirements a formal monument preservation policy has been drafted. This policy includes work items which are already part of Public Works' practice for Preserving survey monuments within the right-of-way. This policy formally acknowledges those practices. FISCAL IMPACTS: None, monumentation recovery and re-establishment is an ongoing budget item in Public Works Survey Division's annual budget. ATTACHMENTS: Survey Monument Preservation Policy - Draft Page 1 of 2 Public Works "Work Session Staff Report" 2023 EXHIBIT 1: Survey Monument Preservation Policy - Draft Page 2 of 2 Public Works "Work Session Staff Report" 2023 SURVEY MONUMENTS POLICY & PROCEDURE EFFECTIVE xx/xx/202-'4 Survey Monument Policy Effective Date: XX/XX/2023 Revision Date: It is the policy of Kittitas County Public works to ensure that all known survey monuments within the county road rights-of-way are located and perpetuated and to adhere to state laws regarding survey monuments in compliance with WAC 332-1.20, RCW 36.86, RCW 58.24.040, and RCW 58.09. Also, it is the policy of Kittitas County Public Works to coordinate with other government agencies, private surveyors, engineers, and others for survey monument preservation. Background Survey monuments are public domain and belong to all of the citizens of Washington State. RCW 58.24.040(8), RCW 36.86.050, and 332-120 WAC require county road departments to manage and protect survey monuments located within the county road rights of way. No survey monument shall be removed, destroyed or have reasonable access impeded before a permit is obtained from the DNR. The County Engineer, as a licensed professional engineer in the State of Washington, can be held accountable for improper survey monument protection perpetrated by the county road department. On June 4th, 1851, the initial point for all section corners in Washington and Oregon was established in the Willamette Valley. All land boundary surveys must be tied to this point via a system known as the Public Land Survey System (PLSS). On April 4, 1972, Washington State created State Laws regarding the removal or destruction of Survey Monuments (WAC 332-120). This would be followed by the laws known as the Survey Recording act in 1973 (RCW 58.09). On August 8, 2016, Kittitas County signed an Memorandum of Understanding (MOU) with the Department of Natural Resources (DNR) in regards to monument preservation in regards to county chipseal operations. On February 15, 2022, the County Road Administration Board (CRAB) revised WAC 136-50-050 adding requirements for charter counties to include county policies regarding county road standards and survey monument preservation. Purpose of Polic The purpose of this policy is to ensure that the Department understands its duty to protect and preserve survey monuments within the county road right of way when performing any type of work, but in particular construction projects and pavement preservation projects where there is a risk that monuments could be disturbed or covered. Procedure Divisions within Kittitas County Public Works are to ensure existing monuments are not disturbed without first obtaining the Washington State Department of Natural Resources permits required by state law. Public Works is to ensure monuments are perpetuated for construction and maintenance activities. The County Engineer and/or County Surveyor will be responsible for the following training: 1. Training of staff in the recognition of survey monuments as well as the importance and legal implications of their accurate position. 2. Training of staff in the reference, replacement, and documentation of survey monuments. 3. Education and enforcement of monument preservation among contractors, franchisees, and permit holders. Additionally, the County Engineer and/or County surveyor will perform the following tasks: Search for, identify, and mark existing visible survey monuments within the project limits. it is the responsibility of the licensed engineer, or their designee, in responsible charge of any roadway surface reconstruction, rehabilitation or annual pavement projects, which may cover existing visible survey monuments, to search for, identify, and mark any such survey monuments within the project limits. Ensure monuments that were covered during a road construction project are uncovered and made accessible after completion of annual activities. All monuments that were covered during a project shall be uncovered and made accessible after completion of annual activities. Send notification with attachments to the Public Lands Survey Office of planned projects for the upcoming year which may cover survey monuments including road names and mileposts and/or beginning and ending intersections. Submit a signed annual letter to DNR PLSO with attachments certifying that the affected monuments were uncovered as soon as possible after completion. The professional engineer in responsible charge of pavement preservation projects shall submit an annual letter to the department certifying that the affected monuments were uncovered. Relevant Statutes The Department of Natural Resources (DNR) has rule making responsibility regarding survey monument protection within Washington State. See RCW 58.24, RCW 58.09, & 332-120 WAC. The Board of Registration for Professional Engineers and Land Surveyors has regulatory over individual professional engineers and land surveyors regarding monument protection... but lacks authority over public agencies. See RCW 58.09, 332-120 WAC, 196-27A-030(5) WAC, & RCW 58.04.015. The County Road Administration Board (CRAB) has regulatory authority over Counties/county road departments regarding "provisions of law relating to county road administration and the standards of good practice". See RCW's 36.78.070(3), 090(1)(b), 100, RCW 36.86.050, RCW 58.09, 332-132 WAC, & 136-50- 050(5) WAC.