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HomeMy WebLinkAbout080123 Special Session Transportation Benefit District Board Meeting PacketTransportation Benefit District Board Port Townsend City Council acting as the Transportation Benefits District Board Special Session Meeting City Hall Council Chambers, 540 Water Street * Join in person via computer or tablet at http://joinwebinar.com enter the 9 -digit Webinar ID 730-411-227 * Phone Only (muted listen -only mode) United States: Local Dial In — (360) 390-5064 access code: 367-132-851# * Join live stream (listen only): lel s://cit io t,us/cit councill a ,e/a aendasminutesvideos * Submit public comment emails to be included in the meeting record to publiccommenjt &,,cit of t.us SPECIAL SESSION AGENDA August 1, 2023 01111E N I. Call to Order/Roll Call II. Election of Officers III. Resolution 23-001 Providing for a Ballot Proposition to be Submitted to the Qualified Electors of the District on November 7, 2023 to Authorize a Sales and Use Tax to be Imposed within the Boundaries of the District Upon all Taxable Retail Sales in the Amount of Three -Tenths of One Percent (0.3%) for the Purpose of Financing All or a Portion of the Costs Associated with Transportation Improvements in the District Identified Herein For a Period of Ten (10) Years Action: Move to approve Resolution 23-001 Providing for a Ballot Proposition to be Submitted to the Qualified Electors of the District on November 7, 2023 to Authorize a Sales and Use Tax to be Imposed within the Boundaries of the District Upon all Taxable Retail Sales in the Amount of Three -Tenths of One Percent (0.3%) for the Purpose of Financing all or a Portion of the Costs Associated with Transportation Improvements in the District Identified Herein For a Period of Ten (10) Years a. Staff presentation b. Public Comment c. Board Discussion and Deliberation IV. Resolution 23-002 Authorizing the Board Chair to Execute an Interlocal Agreement with the City of Port Townsend Action: Move to approve Resolution 23-002 Authorizing the Board Chair to Execute an Interlocal Agreement with the City of Port Townsend a. Staff presentation Americans with Disabilities Act In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the City Clerk's Office at least 24 hours prior to the meeting at (360) 379-5083. b. Public Comment c. Board Discussion and Deliberation V. Resolution 23-003 Adopting a Material Change Policy Action: Move to approve 23-003 Adopting a Material Change Policy a. Staff presentation b. Public Comment c. Board Discussion and Deliberation VI. Appointment of Pro and Con Committees a. Staff presentation b. Public Comment c. Board Discussion and Deliberation VII. Set meeting date and time VIII. Adjourn Americans with Disabilities Act In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the City Clerk's Office at least 24 hours prior to the meeting at (360) 379-5083. Transportation Benefit District of Port Townsend Agenda Bill AB23- 001 Meeting Date: August 1, 2023 Agenda Item: III Submitted By: Steve King Department: Public Works Date Submitted: July 27, 2023 Contact Phone: 360-379-5090 SUBJECT: Ballot Measure for 0.3% Sales Tax for Streets CATEGORY: BUDGET IMPACT: N/A ❑ Consent ❑x Resolution ❑ Staff Report ❑ Ordinance ❑ Contract Approval ❑ Other: ❑ Public Hearing (Legislative, unless otherwise noted) SUMMARY STATEMENT: The City of Port Townsend created a Transportation Benefit District (TBD) on July 24, 2023, for the purpose of raising revenues for the City street system. This action is a result of 2-3 years of careful consideration and analysis of how the City manages the street system on behalf of the public. A Comprehensive Streets Program was developed starting in 2021 to look holistically at our 80+ mile street system, competing priorities and needs, and opportunities and strategies for making progress on a system largely in a state of disrepair. The Comprehensive Streets Program includes four main categories (chapters): street operations, street improvements, street preservation, and street programming. The many presentations and materials from the City Council Infrastructure and Development Committee can be found here: Ih.t p //piit I f t,.us/ern_ agep. / g.g / Ir pirgl irn iiy .... tir .ts I ro irairnrn. Over 110 cities in Washington State have created Transportation Benefit Districts (TBDs), concurrent with their city boundaries, in order to raise revenue for local transportation projects and improvements included in their planning documents. State law (RCW 36.73) permits a number of funding sources with two main funding sources being common amongst TBDs across the State. The sales taxes and/or vehicle license fees are most common. For a list of cities with TBDs and how they raise revenue, see the MRSC website at: Ilh;ttps://irnirsc,.oir/ex Ilp oire I o iics/brains oirtatiioin/titans oiraaaiion tuirndiin /brains oirtatiion Ibenetiit districts Now that the TBD has been formed, the governing board, who are the City Council members, may consider implementing options as outlined in the attached presentation. This resolution establishes the public to vote on the imposition of a 0.3% sales and use tax as part of the November ballot. The requirements for placing an item on the ballot require the following items be provided to the County Auditor no later than 4:00 on August 1St 1. Exact language to be placed on the ballot consistent with legal requirements; and 2. An explanatory statement of the ballot measure as prepared by the City Attorney; and 3. Members of the for and against committees. Consistent with the Comprehensive Streets Program and the Financial Sustainability initiative, staff recommends the governing board pass the attached resolution placing a 0.3% sales tax for streets on the November ballot. ATTACHMENTS: 1. Resolution 23-001 CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Move to adopt Resolution 23-001 PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT ON NOVEMBER 7, 2023 TO AUTHORIZE A SALES AND USE TAX TO BE IMPOSED WITHIN THE BOUNDARIES OF THE DISTRICT UPON ALL TAXABLE RETAIL SALES IN THE AMOUNT OF THREE -TENTHS OF ONE PERCENT (0.3%) FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS ASSOCIATED WITH TRANSPORTATION IMPROVEMENTS IN THE DISTRICT IDENTIFIED HEREIN FOR A PERIOD OF TEN (10) YEARS ALTERNATIVES: x❑ Take No Action ❑x Refer to Committee ❑x Refer to Staff N Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Resolution 23-001 RESOLUTION NO. 23-001 A RESOLUTION OF THE GOVERNING BODY OF THE PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT OF THE CITY OF PORT TOWNSEND PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT ON NOVEMBER 7, 2023 TO AUTHORIZE A SALES AND USE TAX TO BE IMPOSED WITHIN THE BOUNDARIES OF THE DISTRICT UPON ALL TAXABLE RETAIL SALES IN THE AMOUNT OF THREE -TENTHS OF ONE PERCENT (0.3%) FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS ASSOCIATED WITH TRANSPORTATION IMPROVEMENTS IN THE DISTRICT IDENTIFIED HEREIN FOR A PERIOD OF TEN (10) YEARS WHEREAS, the City of Port Townsend (the "City") approved Ordinance No. 3319 on July 24, 2023, establishing the Port Townsend Transportation Benefit District ("TBD") of the City of Port Townsend (the "District") pursuant to Chapter 36.73 RCW; and WHEREAS, the City does not currently have sufficient funds with which to pay for street maintenance and repair as identified Comprehensive Street Program and Pavement Condition Assessment; and WHEREAS, the City does not currently have sufficient funds with which to pay for transportation capital improvements, including, but not limited to, improvements that are identified as necessary in the City's Six-year (2023-2029) Transportation Improvement Plan; and WHEREAS, the District is authorized pursuant to RCW 36.73.040(3)(x) to impose a sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding three -tenths of one percent (0.3%) for a period of ten years upon a favorable vote of the qualified electors within the District for the purpose of financing certain transportation improvements; and WHEREAS, the City has identified a sales and use tax imposed in accordance with RCW 82.14.0455 as a funding source available to the District, as well as any other lawful funding sources available to the District pursuant to RCW 36.73.040; and WHEREAS, if approved by the voters, the sales and use tax will apply to persons who shop and thereby use the roads in the City and not just to City residents; and WHEREAS, if approved by the voters, revenues from a sales and use tax will be used to fund transportation improvements in the District as identified in the City's Six-year (2023-2029) Transportation Improvement Plan that includes the preservation, maintenance, and operation of existing transportation infrastructure of the City; NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Port Townsend Transportation Benefit District as follows: Section I Findings. The Governing Board of the District (the "Board") hereby finds that the best interests of the inhabitants of the District require the District to submit to the qualified voters of the District, at a special election to be held on November 7, 2023, a proposition authorizing the District to impose a sales and use tax in the amount of three -tenths of Resolution 23-001 one percent (0.3%) pursuant to RCW36.73.040(3)(a), RCW 36.73.065(1), and RCW 82.14.0455 for the purpose of providing a portion of the funds necessary to finance transportation improvements in the District, and to impose such sales and use tax if approved by an affirmative vote of a majority of the District voters voting at the election. Section 2 Description of transportation improvements. The transportation improvements carried out with the sales and use tax revenues must be projects or programs contained in the City's Six-year (2023-2029) Transportation Improvement Plan, including all associated maintenance, operation, labor, material, and equipment required for these projects and programs. The specific projects within the City's Six-year (2023-2029) Transportation Improvement Plan include: 1. Citywide pavement repair, rehabilitation, and preservation of the City's street system as identified in the 2018 Pavement Condition Assessment list. 2. Citywide gravel road repair, rehabilitation, and paving. 3. Citywide sidewalk/ADA construction, upgrades, and repairs. 4. Citywide traffic calming. 5. Other projects as identified in the City's Transportation Improvement Plan, as adopted or hereafter amended. The cost of all necessary design, engineering, financial, legal and other consulting services, inspection and testing, administrative and relocation expenses, and other costs incurred in connection with the foregoing TBD projects shall be deemed a part of the costs of the TBD projects. The Board shall determine the application of moneys available for the TBD projects so as to accomplish, as nearly as may be practical, all of the TBD projects. In the event that the proceeds of sales and use taxes authorized herein, plus any other money of the District legally available, are insufficient to accomplish all of the TBD projects, the Board shall use the available funds for paying the cost of those portions of the TBD projects deemed by the Board most necessary and in the best interests of the District. The Board shall determine the exact locations and specifications for the elements of the TBD projects as well as the timing, order, and manner of implementing or completing the TBD projects. The Board may alter, make substitutions to, and amend the TBD project descriptions as it determines is in the best interests of the District consistent with the general descriptions provided above and in accordance with the material change policy adopted by the Board and the notice, hearing, and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), as the same may be amended. If the Board shall determine that it has become impractical to acquire, construct, or implement all or any portion of the TBD projects by reason of changed conditions, incompatible development, costs substantially in excess of the amount of sales and use tax proceeds estimated to be available, or acquisition by a superior governmental authority, the Board shall not be required to acquire, construct, or implement such portions. If all of the TBD projects have been acquired, constructed, implemented or duly provided for, or found to be impractical, the Board may apply the sales and use tax proceeds (including earnings thereon) or any portion thereof to other transportation improvements then identified in the City's SixYear (2023-2029) Transportation Improvement Plan in accordance with the material change policy Resolution 23-001 adopted by the Board and the notice, hearing, and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b) as the same may be amended. Section 3 Ballot Proposition. It is hereby found and declared that the best interests of the District require the submission to the qualified electors of the District a proposition whether the District shall impose a sales and use tax within the limitations established in RCW 82.14.0455 for their approval or rejection at a special election to be held on November 7, 2023. For the purpose of providing funds necessary to pay or finance a portion of the costs of the TBD Projects, the Jefferson County Auditor, as ex officio supervisor of elections in Jefferson County, Washington, is hereby requested to call and conduct such election to be held within the District on such day and to submit to the qualified electors of the District for their approval or rejection, a proposition to impose a sales and use tax in the amount of three -tenths of one percent (0.3%) of the selling price in the case of a sales tax or value of the article used in the case of the use tax. The sales and use tax authorized by this section is in addition to any other taxes authorized by law, shall be collected from those persons who are taxable by the State of Washington under Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the boundaries of the District and shall be imposed for a period of ten years from its first date of collection. Upon approval of the voters of the proposition hereinafter set forth, the District may use proceeds of such sales and use tax for the purpose of paying or financing a portion of the costs of TBD projects. The Clerk of the Board is hereby authorized and directed to certify said proposition to said official in the following form: PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT PORT TOWNSEND, WASHINGTON SALES AND USE TAX FOR TRANSPORTATION IMPROVEMENTS The Governing Board of the Port Townsend Transportation Benefit District adopted Resolution concerning a sales and use tax to fund transportation improvements. This proposition would authorize a sales and use tax of three -tenths of one percent (0.3%) to be collected from all taxable retail sales within the District in accordance with RCW 82.14.0455 for a ten-year term for the purpose of paying for or financing the costs of the following transportation improvement projects: street maintenance, repair and preservation, sidewalk maintenance and repair, and transportation improvement projects identified in the City's Six-year (2023-2029) Transportation Improvement Plan. Should this proposition be approved? YES................................... ❑ NO.................................... ❑ Section 4 Corrections. The Clerk of the District and the codifiers of this resolution are authorized by the Port Townsend Transportation Benefit District Board to make necessary clerical corrections to this resolution including, but not limited to, the correction of Resolution 23-001 scrivener's/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto, and to make corrections or revisions consistent with the requirements of the Jefferson County Prosecuting Attorney or County Auditor that do not change the substantive meaning of the resolution. Section 5 Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or constitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. PASSED by the Board of the Port Townsend Transportation Benefit District, Port Townsend, Washington, at a special open public meeting thereof on the 1st day of August 2023. Attest: Alyssa Rodrigues Clerk of the Board Board Chair Approved as to form: Heidi Greenwood Transportation Benefit District Attorney From: George Randels To: Alyssa Rodrigues Cc: John Mauro Subject: August 1 Council Meeting Date: Thursday, July 27, 2023 6:05:15 AM Hi Alyssa -- Following is a statement pertaining to the proposed transportation financing approach. Could you please forward it to Council Members so it can be considered by Council when this issue comes before them on August 1? Thanks. George Re: Proposal for Transportation Financing Statement submitted by George Randels July 27, 2023 To Port Townsend City Council Membership: First, I applaud your decision to set up the new district. It has become clear that the continued deterioration of our streets causes a greater need for attention than can be provided under present fiscal conditions. This is not to critizies the city's budgetary priorities. Demands for city attention and services always exceeds the resources available, and I believe that this Council, and its predecessors, have been prudent and have made reasonable choices among hundreds of deserving uses of funds. Deciding to ask citizens to vote to provide more funding to address transportation needs — or anything else — is not an act that any Council would take lightly. And in this instance, it also requires choosing between a vehicle fee or a slightly higher sales tax rate. As I understand it, the vehicle fee allowed must be a flat amount regardless of the vehicle's age, condition, or value. That makes it highly regressive, imposing substantially greater relative costs on those least able to pay. A variable vehidle fee based on value would tend to make this fee more euitable, albeit imprecisely, but that less regressive option is apparently unavailable. Sales taxes are also regressive. I wish that our state would substitute a more progressive system for meeting the state's needs, and that it would authorize local governments of all sizes to choose one or more progressive options instead of all or some of present sales tax levels. But as of now anyway, the state legislature has not done either of these things. A sales tax for this particular purpose does have the virtue of ensuring that a portion of the revenues produced will have been paid by visitors. This is only fair, since visitors use our facilities, including streets, and in doing so contriburte to the need for maintenance and repairs. Based on the above, I would support the 0.3% increase. I have a suggestion, however, that you might like to consider. If it is allowed, I would recommend enacting that increase but including a "sunset" provision that would repeal the sales tax increase if the state authorized the city to enact a less regressive option for this particular use or where that new option could be dedicated, in whole or in part, to transportation. realize that time is short and perhaps an amendment of this kind would be difficult to formulate in a timely way. If this is the case, I recommend instead that the Council consider a resolution or other communication urging the state to address the inequities of our tax system and to give the state itself -- and its localities -- the ability to choose fairer options. Thanks for your service and for listening to my suggestions. Transportation Benefit District of Port Townsend Agenda Bill AB23- 002 Meeting Date: August 1, 2023 Agenda Item: IV Submitted By: Steve King Department: Public Works Date Submitted: July 27, 2023 Contact Phone: 360-379-5090 SUBJECT: Resolution 23-002 Authorizing the Board Chair to Execute an Interlocal Agreement with the City of Port Townsend CATEGORY: ❑ Consent ❑x Resolution BUDGET IMPACT: N/A ❑ Staff Report ❑ Ordinance ❑ Contract Approval ❑ Other: ❑ Public Hearing (Legislative, unless otherwise noted) SUMMARY STATEMENT: The Port Townsend Transportation Benefit District (TBD) is an independent municipal corporation without staff support. As an independent municipal corporation, the TBD does have the authority to enter into interlocal agreements for things like staff support, including legal, clerk, and financial services. Most TBDs contract with their corresponding cities for these services rather than hiring staff. The Board Chair should sign the interlocal agreement as the City Council authorized the City Manager to sign the agreement on behalf of the City. The proposed interlocal agreement authorizes City of Port Townsend staff to provide the needed services to the TBD as well as charging the appropriate overhead amounts. This is not a conflict of interest for staff as the TBD is a funding entity for City projects. The resolution also ratifies any actions by the City staff in forming and supporting the TBD prior to signing the interlocal agreement. If the City assumes the TBD, this interlocal agreement will terminate. The City may assume the TBD after holding a properly noticed public hearing. First the City Council must adopt a resolution setting a public hearing before the City Council. Then, the City must publish notice of the public hearing for two weeks proceeding the hearing. Finally, the City Council would adopt an ordinance amending Chapter 12.50 PTMC and assuming the TBD's "rights, power, immunities, functions, and obligations." ATTACHMENTS: 1. Resolution 23-002 2. Interlocal Agreement CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Move to approve Resolution 23-002 Authorizing the Board Chair to Execute an Interlocal Agreement with the City of Port Townsend ALTERNATIVES: 0 Take No Action ❑ Refer to Committee 0 Refer to Staff 0 Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Resolution 23-002 RESOLUTION NO. 23-002 A RESOLUTION OF THE GOVERNING BODY OF THE PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT OF THE CITY OF PORT TOWNSEND AUTHORIZING THE BOARD CHAIR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF PORT TOWNSEND WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate on the basis of mutual advantage; and WHEREAS, the City is empowered to operate, maintain, construct, and reconstruct, public street infrastructure within its city limits in accordance with the powers granted pursuant to state law, including without limitation RCW 35A.11.020 and Chapter 35A.47; and WHEREAS, pursuant to Ordinance No. 3319, codified in Chapter 12.50 Port Townsend Municipal Code ("Chapter 11.20 PAMC"), the City established the PTTBD for any purpose allowed by law, including to operate the District and to make transportation improvements consistent with existing state, regional, and local transportation plans; and WHEREAS, the City and the PTTBD desire to better coordinate their efforts in order to pursue their individual, joint, and mutual rights and obligations to maintain and preserve streets and related transportation infrastructure within the City; NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Port Townsend Transportation Benefit District as follows: Section 1 — Authority to Execute an Interlocal Agreement with the City of Port Townsend. The Board Chair is authorized to execute the Interlocal Agreement with the City of Port Townsend for staff support and staff services. Section 2 — Actions confirmed and ratified. Actions by City of Port Townsend staff to support the Port Townsend Transportation Benefit District prior to signing the Interlocal Agreement are confirmed and ratified. PASSED by the Board of the Port Townsend Transportation Benefit District, Port Angeles, Washington, at a special open public meeting thereof on the 1 st day of August 2023. Board Chair Attest: Alyssa Rodrigues Clerk of the Board Resolution 23-002 Approved as to form: Heidi Greenwood Transportation Benefit District Attorney INTERLOCAL AGREEMENT BETWEEN CITY OF PORT TOWNSEND AND PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT This Agreement between the City of Port Townsend, Washington ("City"), and the Port Townsend Transportation Benefit District ("PTTBD"), each of whom is organized as a Municipal Corporation under the laws of the State of Washington, is hereby dated and made effective this day of 2023. WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate on the basis of mutual advantage; and WHEREAS, the City is empowered to operate, maintain, construct, and reconstruct, public street infrastructure within its city limits in accordance with the powers granted pursuant to state law, including without limitation RCW 35A.11.020 and Chapter 35A.47; and WHEREAS, pursuant to Ordinance No. 3319, codified in Chapter 12.50 Port Townsend Municipal Code ("Chapter 11.20 PANIC"), the City established the PTTBD for any purpose allowed by law, including to operate the District and to make transportation improvements consistent with existing state, regional, and local transportation plans; and WHEREAS, the City and the PATBD desire to better coordinate their efforts in order to pursue their individual, joint, and mutual rights and obligations to maintain and preserve streets and related transportation infrastructure within the City; NOW, THEREFORE, the parties have entered into this Agreement in consideration of the mutual benefits to be derived and to coordinate their efforts through the structure provided by the Interlocal Cooperation Act. 1. Purpose and Interpretation. The City is empowered by Title 35A to construct, reconstruct, maintain, and preserve City streets and other related public infrastructure either by contract or through the use of City forces. The PTTBD has been constituted in accordance with state law to provide a source of funding for transportation improvements that preserve, maintain, and improve the transportation infrastructure and related infrastructure within the city limits of the City. The PTTBD has no employees and its officers are City Council Members serving in an ex officio capacity. In order to make the most efficient use of public monies, to avoid duplication of effort and to coordinate their efforts, the parties have entered into this Agreement. In the event of ambiguity or the need for guidance arises, this Agreement shall be interpreted in accordance with the provisions of Chapter 12.50 PTMC, Chapter 36.73 RCW, and the provisions of the Governmental Accounting Act and RCW 43.09.2 10 as the same exists or shall hereafter be amended. In the event that any provision of this Agreement is held to be in conflict with existing state statute or any future amendment thereof, such provisions shall be severable, and the remaining provisions of this Agreement shall remain in full force and effect. 2. Obligations of the PTTBD. In accordance with the requirements of Chapter 36.73 RCW and Chapter 15.50 PTMC, the PTTBD agrees to: A. Provide to the City all funding received from any and all lawful sources that the PTTBD, in its sole discretion, may levy for the purpose of completing the PTTBD's authorized projects. B. Continue the annual provision of funding for transportation improvements approved by the PTTBD, so long as the PTTBD remains in existence. Such funding shall be in accordance with and limited by the provisions of Chapter 12.50 PTMC and Chapter 36.73 RCW. C. Develop an annual work plan and designate projects within its jurisdiction for funding. D. Reimburse the City for all costs the City paid to the Jefferson County Auditor that are associated with placing the 0.3% sales tax ballot measure on the November 2023ballot, if the measure is approved. 3. Obligations of the City. The City shall: A. Provide all staff and necessary related support to the PTTBD. The costs of such support shall be accounted for as part of the City's annual report to the PTTBD. PTTBD funding shall first be applied to the reasonable charges incurred in establishing and staffing the PTTBD. Annual services provided may include the services provided by the City Attorney's Office, the City Clerk when serving as the Clerk of the PTTBD, the City's Chief Financial Officer when serving as its Treasurer, and other employees of the City that serve the PTTBD and any associated costs including, but not limited to, the preparation of an annual work plan, reporting, advertising, design, contracting, construction management, accounting, and any and all other actual charges or agreed upon percentage of charges associated with the proper application of PTTBD funding in accordance with law and ordinance. In consideration of the benefits derived by the City, overhead charges such as utilities, information technology, office supplies, and equipment shall be a contribution of the City to the parties' joint goals and objectives and need not be directly charged to the PTTBD. B. Maintain for the period established by the State Archivist retention schedule, financial records, kept in accordance with general accepted accounting practice and governmental accounting requirements, as necessary to document that any and all funding received through the PTTBD is used only for the projects in accordance with law and ordinance. C. Immediately alert the PTTBD of any material changes in scope, schedule, or cost increases of 20% or greater to improvements funded in part or whole with PTTBD funds. D. Utilize funding provided for projects shown on the PTTBD's annual work plan in accordance with the PTTBD's material change policy, law, and ordinance. In doing so, it is the intent of the parties that this funding supplement, not replace, existing City funding sources for street improvements. Ownership. Streets and related transportation infrastructure preserved, maintained, and improved with PTTBD funds are and shall remain the property of the City. No joint property ownership is contemplated under the terms of this Agreement. 4. No Joint Board. No provision is made for a joint board. The PTTBD shall exercise its function in accordance with Chapter 36.73 RCW and Chapter 12.50 PTMC, including any future amendments thereto, using staff as provided by the City, pursuant to law and to this Agreement. 5. No Indemnity. No indemnification is provided by this Agreement. The parties agree to bear their respective liability for any acts or omissions resulting under this Agreement as the same shall be determined under the laws of the State of Washington or any mutually approved settlement agreement. 6. Termination. This Agreement shall terminate or expire as follows: A. This Agreement may be terminated by either party upon the provision of one hundred and eighty (180) calendar days' notice. A final reconciliation of costs, payment, and a current report of completed activities shall be completed by City within such period following the notice by either party. B. Unless sooner terminated by either party, this Agreement shall expire on the date the PTTBD is automatically dissolved in accordance with the provisions of RCW 36.73.170 and Chapter 12.50 PTMC, as the same exist or are hereafter amended. 7. Effective Date. This Agreement shall be effective upon the last authorizing signature affixed hereto and when listed by subject on the City of Port Townsend website or other electronically retrievable public source as required by RCW 39.34.040. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. CITY OF PORT TOWNSEND John Mauro, City Manager ATTEST: Alyssa Rodrigues, City Clerk PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT Chairperson APPROVED AS TO FORM: Heidi Greenwood, City Attorney Transportation Benefit District of Port Townsend Agenda Bill AB23-003 Meeting Date: August 1, 2023 Agenda Item: V Submitted By: Steve King Department: Public Works Date Submitted: July 27, 2023 Contact Phone: 360-379-5090 SUBJECT: Resolution 23-003 Adopting a Material Change Policy CATEGORY: BUDGET IMPACT: N/A ❑ Consent ❑x Resolution ❑ Staff Report ❑ Ordinance ❑ Contract Approval ❑ Other: ❑ Public Hearing (Legislative, unless otherwise noted) SUMMARY STATEMENT: RCW 36.73.160 requires that transportation benefit districts adopt a material change policy. The attached resolution serves as that required policy. It is modeled after the policy adopted by many transportation benefit districts. This policy will be moot if and when the City assumes the transportation benefit district. At that time, any changes would be subject to the City purchasing policies for changes. ATTACHMENTS: 1. Resolution 23-003 CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Move to approve Resolution 23-003 Adopting a Material Change Policy ALTERNATIVES: x❑ Take No Action ❑ Refer to Committee N Refer to Staff N Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Resolution 23-003 RESOLUTION NO. 23-003 A RESOLUTION OF THE GOVERNING BODY OF THE PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT OF THE CITY OF PORT TOWNSEND ADOPTING A MATERIAL CHANGE POLICY WHEREAS, the City of Port Townsend approved Ordinance No. 3319 on July 24, 2023 establishing the Port Townsend Transportation Benefit District of the City of Port Townsend pursuant to Chapter 36.73 RCW; and WHEREAS, RCW 36.73.160 requires the Transportation Benefit District to adopt a material change policy to address major plan changes that affect project deliver or ability to finance the plan and address material changes to cost, scope, and schedule; the level of change that will require governing body involvement; NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Port Townsend Transportation Benefit District as follows: Section 1 - Material Change to Cost. In the event an approved transportation improvement project exceeds its original cost by more than twenty percent (20%), the Board shall hold a public hearing to solicit comments from the public regarding how the cost change should be resolved. TBD staff shall consult with the Board Chair prior to setting the public hearing. Section 2 - Material Change tom. In the event that the scope of a transportation improvement project materially changes from that originally anticipated at project approval, TBD staff shall consult with and review the changes with the Board Chair. The Board Chair shall determine whether or not to convene a meeting of the Board for discussion. If the scope of the change will result in an increase in cost by more than twenty percent (20%), the Board shall hold a public hearing to solicit comments from the public regarding how the change of scope should be resolved. Section 3 - Material Change to Schedule In the event that the schedule of a transportation improvement project materially changes in a way that significantly impacts other TBD projects for funding, or schedule changes exceed 180 days, TBD staffshall consult with and review such changes with the Board Chair. The Board Chair shall determine whether or not to convene a meeting of the Board for discussion. In the event that the schedule change of a transportation improvement project will result in an increase in cost by more than twenty percent (20%), the Board shall hold a public hearing to solicit comments from the public regarding how the schedule change should be resolved. Section 4 - Definition of Material Change. Material change as used in Sections 2 and 3 above shall be defined as a change, knowledge of which would more likely than not have affected the Board's decision regarding the project. The Board Chair shall have the authority to determine whether material changes have occurred that require a meeting of the Board. Resolution 23-003 PASSED by the Board of the Port Townsend Transportation Benefit District, Port Angeles, Washington, at a special open public meeting thereof on the 1st day of August 2023. Attest: Alyssa Rodrigues Clerk of the Board Board Chair Approved as to form: Heidi Greenwood Transportation Benefit District Attorney Transportation Benefit District of Port Townsend Agenda Bill AB23-004 Meeting Date: August 1, 2023 Agenda Item: VI Submitted By: Steve King Department: Public Works SUBJECT: Pro and con committees Date Submitted: July 27, 2023 Contact Phone: 360-379-5090 CATEGORY: BUDGET IMPACT: N/A ❑ Consent ❑x Resolution ❑ Staff Report ❑ Ordinance ❑ Contract Approval ❑ Other: ❑ Public Hearing (Legislative, unless otherwise noted) SUMMARY STATEMENT: RCW 29A.32.280 requires the legislative body sponsoring a ballot proposition formally appoint committees arguing for and against a ballot measure. Rebecca Kimball, Scott Walker, and Rick Jahnke have volunteered to prepare the pro arguments. Staff researched and reached to potential committee members seeking con committee members. Despite those efforts, staff was unable to find con committee members and so is unable to recommend any appointments to the Board. If the Board is unable to make those appointments, the county auditor may appoint a con committee. ATTACHMENTS: N/A CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Move to appoint Rebecca Kimball, Scott Walker, and Rick Jahnke as the for committee and default to the county auditor's choice for a con committee. ALTERNATIVES: x❑ Take No Action ❑ Refer to Committee N Refer to Staff N Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: