The URL can be used to link to this page

2011.04.26 Transportation Benefit District Board A AGENDA CITY OF EDMONDS TRANSPORTATION BENEFIT DISTRICT BOARD Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds ______________________________________________________________ APRIL 26, 2011 6:30 p.m. Call to Order and Flag Salute 1.Approval of Agenda 2.Approval of Consent Agenda Items A.Roll Call B. AM-3897 Approval of Transportation Benefit District Board Meeting Minutes of August 3, 2010. 3. (10 Minutes) AM-3902 Election of Transportation Benefit District Board President, Vice President and Treasurer for 2011. 4. (15 Minutes) AM-3899 Edmonds Transportation Benefit District - Annual Report for Year 2010. 5.Audience Comments (3 minute limit per person) 6. (15 Minutes) Board Comments ADJOURN Packet Page 1 of 23 AM-3897 Item #: 2. B. Transportation Benefit District Board Date: 04/26/2011 Time: Submitted By:Sandy Chase Department:City Clerk's Office Type:Action Information Subject Title Approval of Transportation Benefit District Board Meeting Minutes of August 3, 2010. Recommendation It is recommended that the Board review and approve the draft minutes. Previous TBD Action N/A Narrative Attached is a copy of the draft minutes. Attachments 08-03-10 Draft TBD Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 04/21/2011 11:25 AM Final Approval Sandy Chase 04/21/2011 04:38 PM Form Started By: Sandy Chase Started On: 04/21/2011 09:21 AM Final Approval Date: 04/21/2011 Packet Page 2 of 23 Edmonds TBD Board Draft Minutes August 3, 2010 Page 1 CITY OF EDMONDS TRANSPORTATION BENEFIT DISTRICT BOARD DRAFT MINUTES August 3, 2010 The Edmonds Transportation Benefit District meeting was called to order at 9:46 p.m. by Board President Steve Bernheim in the Council Chambers, 250 5th Avenue North, Edmonds. OFFICIALS PRESENT Steve Bernheim, Board President Strom Peterson, Board Vice President D. J. Wilson, Board Member Michael Plunkett, Board Member Lora Petso, Board Member Adrienne Fraley-Monillas, Board Member Diane Buckshnis, Board Member STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Rob Chave, Planning Manager Rob English, City Engineer Scott Snyder, City Engineer Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA BOARD PRESIDENT PETERSON MOVED, SECONDED BY BOARD MEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS BOARD MEMBER WILSON MOVED, SECONDED BY BOARD MEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF TRANSPORTATION BENEFIT DISTRICT BOARD MEETING MINUTES OF JULY 13, 2010 C. APPROVAL OF TRANSPORTATION BENEFIT DISTRICT BOARD MEETING MINUTES OF JULY 20, 2010 3. CONSIDERATION, PUBLIC COMMENT, AND ACTION ON A PROPOSED ORDINANCE OF THE EDMONDS TRANSPORTATION BENEFIT DISTRICT (ETBD) TO ADOPT BALLOT TITLE LANGUAGE AND INSTRUCT THE CITY CLERK TO NOTIFY THE COUNTY AUDITOR AND TAKE ALL OTHER NECESSARY STEPS TO PLACE BEFORE VOTERS WITHIN THE ETBD, ON THE GENERAL ELECTION BALLOT IN NOVEMBER, AN OPPORTUNITY TO APPROVE OR REJECT A $40 INCREASE IN THE LOCAL USER FEE FOR TRANSPORTATION TO BE USED TO PURSUE A SPECIFIC LIST OF 37 TRANSPORTATION CAPITAL PROJECTS. Packet Page 3 of 23 Edmonds TBD Board Draft Minutes August 3, 2010 Page 2 Public Works Director Phil Williams explained the Edmonds City Council passed an ordinance tonight to expand the authorities of the ETBD to include the ability to seek voter approval on an increase in the local user fee for transportation. Staff recommends the ETBD Board approve an ordinance to adopt ballot title language and instruct the City Clerk to notify the County Auditor and take other necessary steps to place before the voters in the ETBD an opportunity to approve or reject the $40 increase. Board President Bernheim opened the public participation opportunity for this item. Al Rutledge, Edmonds, recommended the ballot language describe the user fee, the projects it would fund, why a voter should support the measure, and the amount of money needed to upgrade and create new roads. Hearing no further comment, Board President Bernheim closed public comment. City Attorney Scott Snyder explained the proposition includes the ballot title, the voters pamphlet explanatory statement and information incorporated by reference in those documents. The ballot title is limited to 75 words and must be neutral in nature. One of the challenges is complying with the requirement of the TBD legislation that the proposition describe the specific projects the monies will fund. The State Supreme Court has provided some guidance in Sane v. Sound Transit in which they noted the proposition includes the ballot title; the voters pamphlet information, an additional 200 words; and the documents that are referenced in the voters pamphlet. That is the reason for the whereas in the ordinance as well as the provision in Section 1 that reserve to the Board the discretion to move projects around, respond to emergencies, respond to cost overruns, use bonds and adjust to other priorities and receipt of grant funds. The City is limited in what it can say in each element of the proposition and an informed voter needs to go from the ballot title to the voters pamphlet. The City is prohibited from using public funds to promote this ballot measure. The Council is seeking voter assistance with the pro and con committees. He summarized it was hoped with all those resources, it would be possible to accomplish what Mr. Rutledge asked. Board President Bernheim asked whether the list would be included in the voters pamphlet. Mr. Snyder answered the voters pamphlet was limited to a 200 word description. Board President Bernheim asked how voters could obtain the project list. Mr. Snyder answered the Board and Council could provide neutral information. The information to be included in the voters pamphlet refers voters to the City’s website. He read from the explanatory statement, a detailed list of the improvements, their cost and priorities are contained in TBD Ordinance No. 2 and are available upon request from the Edmonds City Clerk and are posted on the City’s web site. Board President Bernheim asked about the procedures for selecting and appointing pro and con committees and having statements prepared. Mr. Snyder answered the process was at the Council’s discretion, there was no process established by statute. Board Vice President Peterson asked whether the City’s website address could be included in the voters pamphlet explanatory statement without impacting the word count. He recalled candidates’ profiles did not include certain information in the word count such as name, website, etc. Community Services/Economic Development Director Stephen Clifton answered there was likely enough space for the website, noting because there were no spaces in the website address, it would count as only one word. Board Member Petso referred to Mr. Snyder’s comment that the specific projects must be identified, inquiring how a project defined as overlays met that requirement. Mr. Williams explained it is staff’s intent via the overlay project on the list to fund ongoing overlay projects with the proceeds of the additional fee as well as construct a list of specifically described transportation improvements. He Packet Page 4 of 23 Edmonds TBD Board Draft Minutes August 3, 2010 Page 3 anticipated the overlays were described sufficiently such as via the Pavement Condition Rating Index. The actual list of street segments to be overlaid will depend on other works to be performed in the City such as utility work, private development, etc. He summarized it would be difficult to identify the specific street segments to be overlaid or the order in which they would be done. Board President Bernheim declared a brief recess at Mr. Snyder’s request. Mr. Snyder explained the statute requires a specific description of projects to be funded within the proposition. As a result of Sane v. Sound Transit, the proposition includes the ballot title, the voters pamphlet explanatory statement and information incorporated by reference in those documents. To add specificity, staff suggests adding the following language as a footnote to Project 1 on the project list, “in accord with the City’s Comprehensive Plan, Transportation Element, and Transportation Improvement Plan” to provide the necessary detail. Board Vice President Peterson suggested the City’s website contain a link directly to the project list. Board Member Wilson advised he would oppose the proposed ordinance for the reasons he outlined during the August 3 City Council meeting. Board Member Buckshnis asked who developed the pro and con statements. Board President Bernheim explained the City Council appoints the pro and con committees. City Clerk Sandy Chase advised Board Members were allowed to serve on a pro or con committee. Board President Bernheim advised the forms identifying the members of the committees are due by August 10. The first statement from each committee is due by August 24 and August 27 is the due date for rebuttal. Board Member Wilson suggested either, 1) giving Board President Bernheim the authority to name members of the committees, or 2) he would volunteer to chair the con committee and anyone interested in participating could contact him and someone else could chair the pro committee. Board President Bernheim encouraged Board Members and/or voters interested in participating in either committee to email him and by August 10 he would notify the Council of the names selected to serve on the committees. Ms. Chase requested the names be provided to her in time to submit them to the Auditor. That process was acceptable to the Board. BOARD MEMBER BUCKSHNIS MOVED, SECONDED BY BOARD MEMBER FRALEY- MONILLAS, TO APPROVE THE ORDINANCE NO. 2 WITH THE SUGGESTED CHANGE TO THE PRIORITY LIST. UPON ROLL CALL, MOTION CARRIED (4-3), BOARD MEMBERS PETERSON, FRALEY-MONILLAS, AND BUCKSHNIS AND BOARD PRESIDENT BERNHEIM VOTING YES; AND BOARD MEMBERS PETSO, WILSON AND PLUNKETT VOTING NO. 4. AUDIENCE COMMENTS Al Rutledge, Edmonds, commented only three voters can participate on the pro committee and three voters can serve on the con committee. He recommended information on the City’s website be neutral and that the Board establish a process for selecting the members of the pro and con committees. He said Councilmembers and City employees could not serve on the pro or con committees. Ms. Chase advised Councilmembers were eligible to participate on the pro and con committees. Board President Bernheim assured any documents on the City’s website regarding the proposition would be information only and not advocacy. 5. BOARD COMMENTS – NONE Packet Page 5 of 23 Edmonds TBD Board Draft Minutes August 3, 2010 Page 4 6. ADJOURN With no further business, the TBD Board meeting was adjourned at 10:15 p.m. Packet Page 6 of 23 AM-3902 Item #: 3. Transportation Benefit District Board Date: 04/26/2011 Time:10 Minutes Submitted For:Board President Submitted By:Sandy Chase Department:City Clerk's Office Type:Action Information Subject Title Election of Transportation Benefit District Board President, Vice President and Treasurer for 2011. Recommendation N/A Previous TBD Action N/A Narrative Attached is a copy of the Transportation Benefit District Bylaws that discusses the duties of the positions of President, Vice President and Treasurer. Attachments TBD Bylaws Form Review Inbox Reviewed By Date Mayor Mike Cooper 04/22/2011 09:48 AM Final Approval Sandy Chase 04/22/2011 10:07 AM Form Started By: Sandy Chase Started On: 04/21/2011 05:52 PM Final Approval Date: 04/22/2011 Packet Page 7 of 23 Packet Page 8 of 23 Packet Page 9 of 23 Packet Page 10 of 23 Packet Page 11 of 23 AM-3899 Item #: 4. Transportation Benefit District Board Date: 04/26/2011 Time:15 Minutes Submitted By:Phil Williams Department:Public Works Type:Action Information Subject Title Edmonds Transportation Benefit District - Annual Report for Year 2010. Recommendation Accept Report Previous TBD Action October 21, 2008 - The Edmonds City Council approved Resolution 1181 setting a public hearing on November 18, 2008 regarding the potential establishment of a Transportation Benefit District (TBD). November 3, 2008 – The Edmonds City Council conducted a first reading of Ordinance 3707 amending the Edmonds City Code to enact a new Chapter 3.65, Edmonds Transportation Benefit District (TBD), establishing a TBD, specifying the boundaries for the TBD, and specifying the TBD’s purpose to maintain, preserve, construct and reconstruct existing street transportation infrastructure and other City street improvements. November 18, 2008 - The Edmonds City Council conducted a public hearing on City of Edmonds, Washington Ordinance 3707 amending the Edmonds City Code to enact a new Chapter 3.65, Edmonds Transportation Benefit District (TBD), establishing a TBD, specifying the boundaries for the TBD, specifying the maintenance and preservation of existing transportation improvements, and fixing a time when the same shall become effective. Following public comments and deliberation, the Edmonds City Council approved Ordinance 3707. The governing board of the Transportation Benefit District is the Edmonds City Council acting in an ex officio and independent capacity per RCW 36.73.020(3). NOTE: The boundary of the Transportation Benefit District is coextensive with the boundary of the City of Edmonds. February 3, 2009 – The Edmonds Transportation Benefit District Board conducted its first public meeting during which it adopted the City of Edmonds TBD Charter and Bylaws. NOTE: A charter is a document incorporating an institution and specifying its rights while bylaws are essentially rules made by a local authority to regulate its own affairs. February 17, 2009 - The Edmonds Transportation Benefit Board adopted Ordinance 1 authorizing an annual $20 vehicle license fee, and fixing a time when the same shall become effective. February 17, 2009 – The Edmonds Transportation Benefit District reviewed and discussed a draft Interlocal Agreement between the City of Edmonds, Washington, and the Edmonds Transportation Benefit District (TBD). See June 2, 2009 for additional information. June 2, 2009 – The Edmonds Transportation Benefit District approved an Interlocal Agreement (first reviewed on February 17, 2009) between the City of Edmonds, Washington, and the Edmonds Transportation Benefit District. The agreement serves to help coordinate efforts to pursue individual, joint and mutual rights and obligations to maintain and preserve streets and related transportation infrastructure within the City of Edmonds. Sections 1 and 2 of the Agreement define the obligations of the Edmonds TBD and undertakings of the City. The Agreement also contains sections related to ownership, indemnification, termination, and effective date of the Agreement June 2, 2009 - The Edmonds Transportation Benefit District approved Appendix 79-09 to Interlocal Agreement Creating Washington Cities Insurance Authority. The interlocal contains an indemnity from the city to the TBD for liability arising from the services provided by city employees and that liability is covered by the city's underlying pool agreement. June 2, 2009 - The Edmonds Transportation Benefit District approved an Interlocal Agreement between the Washington State Department of Licensing (DOL) and Edmonds Transportation Benefit District. The Interlocal Agreement provides terms and Packet Page 12 of 23 Department of Licensing (DOL) and Edmonds Transportation Benefit District. The Interlocal Agreement provides terms and conditions under which the Washington State Department of Licensing shall administer and collect fees, on behalf of the Edmonds Transportation Benefit District, as provided by contract according to RCW 82.80.140, RCW 36.73.065, RCW 46.12, WAC 308-10, Chapter 18 USC Sec. 2721 -2725 Driver Privacy Protection Act (DPPA), and Executive Order 97-01, as currently written or hereafter amended, and according to the Vehicle/Vessel Disclosure Agreement Application submitted by the TBD. June 23, 2009 – The Edmonds City Council approved an Interlocal Agreement between the City of Edmonds, Washington, and the Edmonds Transportation Benefit District. This is the same agreement approved by the Edmonds TBD Board on June 2, 2009. The agreement serves to help coordinate efforts to pursue individual, joint and mutual rights and obligations to maintain and preserve streets and related transportation infrastructure within the City of Edmonds. Sections 1 and 2 of the Agreement define the obligations of the Edmonds TBD and undertakings of the City. The Agreement also contains sections related to ownership, indemnification, termination, and effective date of the Agreement. March 23, 2010 – The Transportation Benefit District Board conducted a meeting at which the following items and actions were discussed and taken: •Edmonds Transportation Benefit District Board selected officers of the Transportation Benefit District. •City staff also presented the Annual Transportation Benefit District Report for year 2009. •Edmonds Transportation Benefit District Board reviewed transportation capital funding options. May 4, 2010 – The Transportation Benefit District Board conducted a meeting at which the following items were discussed: •City staff provided an update regarding a list of project priorities which served as scenarios in assisting the TBD Board in understanding the different TBD projects and funding options. •The Transportation Benefit District Board discussed a public vote on possible TBD assessments in excess of the currently collected $20 TBD vehicle license fee. No action taken on this item. •The Transportation Benefit District Board discussed the possibility of participating in a Countywide TBD effort. No action was taken on this item. •The Transportation Benefit District Board appointed the City’s Finance Director as Board Treasurer and Washington Cities Insurance Authority representative. June 22, 2010 – The Transportation Benefit District Board conducted a meeting at which the following item was discussed: •The Transportation Benefit District Board discussed placing a TBD transportation package on the November, 2010 ballot. Possible TBD assessments in excess of the currently collected $20 TBD fee, and a list of potential transportation projects, were also discussed. No action taken on this item. July 13, 2010 – The Transportation Benefit District Board conducted a meeting at which the following item was discussed: •The Transportation Benefit District Board continued its discussion about placing a TBD transportation package on the November, 2010 ballot. Possible TBD assessments in excess of the currently collected $20 TBD fee, and a list of potential transportation projects, were also discussed. No action was taken on this item. July 20, 2010 – The Transportation Benefit District Board approved placing a measure on the November, 2010 ballot that would increase the Transportation Benefit District vehicle license fee by an additional $40 to pay for various transportation and walkway projects (see project list). August 3, 2010 - The Transportation Benefit District Board approved Ordinance #2 which expanded the authority of the ETBD to allow placing of an item on the November ballot for consideration of all Edmonds voters that would increase the existing $20/vehicle local license fee to $60/vehicle and to use the additional revenue, if approved by the voters, to pursue a list of 37 transportation capital projects. Narrative RCW 36.73.160 requires each established Transportation Benefit District to issue an annual report which details the District's revenues and expenditures for the year and discusses project schedules for on-going projects. The Edmonds Transportation Benefit District (ETBD) met on five separate dates in 2010. These meetings culminated in a proposed ballot measure that was submitted to Edmonds voters in November, 2010. The proposal was to raise the existing TBD local license fee from $20/vehicle to $60/vehicle to pursue a list of 37 transportation capital projects, including maintenance overlays. This item did not receive voter approval during the general election. Packet Page 13 of 23 The ETBD raised a total of $589,545 from the existing $20/vehicle local license fee during 2010 (Attachment #1). Qualifying expenses of the TBD, as limited by ETBD Ordinance #1 (See attachment 3), were $670,147. Since qualifying expenses exceeded available revenues there was no ending fund balance for the ETBD. Attachments 2010 ETBD Statement of Revenues and Expenses ETBD 2010 Financial Backup ETBD Allowable Charge Codes Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/22/2011 11:59 AM Mayor Mike Cooper 04/22/2011 12:05 PM Final Approval Sandy Chase 04/22/2011 12:06 PM Form Started By: Phil Williams Started On: 04/21/2011 01:20 PM Final Approval Date: 04/22/2011 Packet Page 14 of 23 (Unaudited) $589,545 - 589,545 6,869 Labor & Benefits 149,264 Supplies 44,494 Labor & Benefits 143,316 Supplies 61,049 184,555 589,545 - - - - $0 (1) An additional $80,602 in expenditures were eligible for reimbursement from this funding source, however, due to funding constraints, these expenditures were absorbed by Fund 111 -Street Fund OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Total other financing sources (uses) Net changes in fund balances Fund balances - beginning FUND BALANCES - ENDING EXCESS (DEFICIENCY) OF REVENUES REVENUES Annual Vehicle Fee Other revenues Total Revenues EXPENDITURES (1) Professional Services Road Maintenance (includes repairs, patching, crack sealing) Traffic Control Vehicle Charges Total Expenditures Schedule of Revenues, Expenditures and Changes in Fund Balance Transportation Benefit District For the year Ended December 31, 2010 Packet Page 15 of 23 Packet Page 16 of 23 Packet Page 17 of 23 Packet Page 18 of 23 Packet Page 19 of 23 Packet Page 20 of 23 Packet Page 21 of 23 Packet Page 22 of 23 Packet Page 23 of 23