2012.02.07 Transportation Benefit District Board A
AGENDA
City of Edmonds
Transportation Benefit District Board
Council Chambers, Public Safety Complex
250 5th Ave. North, Edmonds
______________________________________________________________
FEBRUARY 7, 2012
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-4520 Approval of Transportation Benefit District Board Meeting Minutes of August 2, 2011.
3. (5 Minutes)
AM-4524
Election of Transportation Benefit District Board President and Vice President for 2012.
4. (5 Minutes)
AM-4528
Resolution relating to public records; designating a public records officer, and establishing public record
procedures to be followed pursuant to the Public Records Act.
5.Audience Comments (3 minute limit per person)
6. (10 Minutes)
AM-4547
Edmonds Transportation Benefit District - Annual Report for Year 2011.
7. (10 Minutes) Board Comments
Adjourn
Packet Page 1 of 23
AM-4520 Item #: 2. B.
Transportation Benefit District Board
Date: 02/07/2012
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 2, 2011.
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
08-02-11 Draft TBD Minutes
Form Review
Inbox Reviewed By Date
Mayor Dave Earling 01/31/2012 09:20 AM
Final Approval Sandy Chase 01/31/2012 09:23 AM
Form Started By: Sandy Chase Started On: 01/30/2012 04:39 PM
Final Approval Date: 01/31/2012
Packet Page 2 of 23
Edmonds TBD Board Draft Minutes
August 2, 2011
Page 1
CITY OF EDMONDS
TRANSPORTATION BENEFIT DISTRICT BOARD
DRAFT MINUTES
August 2, 2011
The Edmonds Transportation Benefit District meeting was called to order at 6:31 p.m. by Board President
Strom Peterson in the Council Chambers, 250 5th Avenue North, Edmonds.
OFFICIALS PRESENT
Strom Peterson, Board President
Lora Petso, Board Vice President
D. J. Wilson, Board Member
Michael Plunkett, Board Member
Steve Bernheim, Board Member
Adrienne Fraley-Monillas, Board Member
Diane Buckshnis, Board Member
STAFF PRESENT
Phil Williams, Public Works Director
Carl Nelson, CIO
Jeff Taraday, City Engineer
Linda Hynd, Deputy City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1. APPROVAL OF AGENDA
BOARD MEMBER BUCKSHNIS MOVED, SECONDED BY BOARD MEMBER BERNHEIM, TO
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
BOARD MEMBER BUCKSHNIS MOVED, SECONDED BY BOARD MEMBER BERNHEIM, 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 APRIL 26, 2011
3. TRANSPORTATION BENEFIT DISTRICT – UPDATE
Public Works Director Phil Williams explained the TBD was formed in 2008 and the fee enacted in
February 2009. The ordinance limits the expenditure of funds to maintenance and preservation of city
streets including pavement repair and maintenance, signage maintenance, buttons, curbs, paint,
crosswalks, traffic signals – items directly related to the operation and maintenance of streets. He noted
that collections in 2010 totaled $589,000 and approximately $670,000 was spent on qualifying items. The
balance of funds came from gas tax which is the other source of funding for streets. He provided
photographs of maintenance and repair activities that the funds are used for including crack sealing,
graffiti removal, small spot repairs, potholes, and signal maintenance.
Packet Page 3 of 23
Edmonds TBD Board Draft Minutes
August 2, 2011
Page 2
The City receives approximately $900,000/year in gas tax; of that approximately $160,000 has
historically been placed in the 112 Fund, Transportation Capital Fund, for capital projects. It is primarily
used to match federal dollars for capital projects. The balance goes into the 102 Fund, Street Operations
and Maintenance. The total tax on a gallon of gas in Washington is $0.56, the second highest in the
nation.
The City no longer transfer funds from the General Fund for overlays and as a result no overlays have
been done since 2008 with the exception of overlays on Dayton and 212th done with stimulus funding.
The ongoing funding needed for an overlay program is $1.5 million/year.
Mr. Williams reviewed pavement ratings, from new to severe and criteria used to rate streets. He provided
a graph of the number of miles of City streets in each category. He explained as time passes and no streets
are paved, the number of new streets decreases and the number of streets in the severe category increases.
Actual TBD fee collections year-to-date for the first two quarters of 2011 are $303,000; the budget is
$600,000/year. Those funds have been used for the same purposes as last year.
Board Member Bernheim relayed a citizen’s question regarding what the City can show for the $20 car
tab. He also asked how the $20 TBD fee is accounted for in the Public Works Department, observing
most if not all of it appears to be used for day-to-day maintenance activities such as graffiti removal,
patching cracks, etc. Mr. Williams answered the $600,000 comprises slightly less than half of the annual
$1.4 million Streets budget. The only other substantial source of funding is gas tax which contributes
$750,000. By ordinance the funds collected from the TBD fee are used for the activities he described and
cannot be used to pave streets. He clarified maintenance is not the same as preservation paving. With
regard to graffiti removal, Mr. Williams explained the graffiti they remove is in the right-of-way.
Board Member Buckshnis referred to the second quarter financial statement and asked how the labor and
benefits was determined. Mr. Williams answered it was not a specific employee. Employees code their
time each day based on activities. Board Member Buckshnis asked if supplies are accounted for in the
same manner, for example painting. Mr. Williams answered yes, noting that most street painting qualifies
for use of TBD revenue.
Board Member Buckshnis asked whether the use of gas tax is restricted to only maintenance. Mr.
Williams answered the restrictions on the use of gas tax were simplified a few years ago. Board Member
Buckshnis observed a levy was needed to fund overlays and the funds could be dedicated to preservation
paving. Mr. Williams answered it was his understanding that the proposed levy would be used strictly for
overlays and no other street maintenance.
4. AUDIENCE COMMENTS
Al Rutledge, Edmonds, recalled at the last meeting he stated staff will repair a pothole within three
weeks. He suggested citizens call the City regarding potholes rather than attempting to fill the hole
themselves. Public Works Director Phil Williams has informed him that staff typically responds to
complaints about potholes within 24 hours and make repairs within 3 days. He suggested Board Members
each survey a portion of the City’s population as well as inform them of services the City offers such as
pothole repair. He commented on the need for a levy to fund transportation needs.
Mr. Williams encouraged residents to contact the City regarding potholes. He explained the reason the
City does not receive a lot of calls about potholes is because staff is proactive about repairing them.
Packet Page 4 of 23
Edmonds TBD Board Draft Minutes
August 2, 2011
Page 3
5. BOARD COMMENTS
Board Member Bernheim encouraged citizens to submit their list of roads that are in poor condition.
6. ADJOURN
With no further business, the TBD Board meeting was adjourned at 6:50 p.m.
Packet Page 5 of 23
AM-4524 Item #: 3.
Transportation Benefit District Board
Date: 02/07/2012
Time:5 Minutes
Submitted By:Sandy Chase
Department:City Clerk's Office
Type:Action
Information
Subject Title
Election of Transportation Benefit District Board President and Vice President for 2012.
Recommendation
N/A
Previous TBD Action
N/A
Narrative
Section 2.2 of the Bylaws of the Edmonds Transportation Benefit District reads as follows:
Election, Qualification and Term of Office. the President and Vice President shall be elected by the Board from among its
members. The Treasurer shall be the City of Edmonds Finance Director. Except for the Treasurer, the officers shall be elected
by the Board at the first regular meeting each year, for a one-year term, and each officer shall hold office during said one-year
term and until his or her successor is elected. The first officers of the Board shall be elected by the Board at its first meeting.
Officers may, at the discretion of the board, hold their respective offices for successive terms.
A copy of the complete Bylaws is attached.
Attachments
TBD Bylaws
Form Review
Inbox Reviewed By Date
Mayor Dave Earling 01/31/2012 09:06 AM
Final Approval Sandy Chase 01/31/2012 09:12 AM
Form Started By: Sandy Chase Started On: 01/31/2012
Final Approval Date: 01/31/2012
Packet Page 6 of 23
Packet Page 7 of 23
Packet Page 8 of 23
Packet Page 9 of 23
Packet Page 10 of 23
AM-4528 Item #: 4.
Transportation Benefit District Board
Date: 02/07/2012
Time:5 Minutes
Submitted By:Sandy Chase
Department:City Clerk's Office
Type:Action
Information
Subject Title
Resolution relating to public records; designating a public records officer, and establishing public record procedures to
be followed pursuant to the Public Records Act.
Recommendation
It is recommended that the Board adopt the resolution.
Previous TBD Action
N/A
Narrative
The Public Records Act mandates that local government agencies designate a public records officer whose responsibility is to
serve as the "point of contact" for members of the public seeking public records.
During the annual review with Washington Cities Insurance Authority (WCIA), it was recommended that the Transportation
Benefit District Board adopt policies related to requests for public records and also designate a public records officer. Please
refer to the attached Resolution.
Note: The City Council has previously adopted policies and designated a public records officer for city-related records.
Attachments
Resolution - Public Records
Form Review
Inbox Reviewed By Date
Mayor Dave Earling 02/02/2012 09:25 AM
Final Approval Sandy Chase 02/02/2012 11:32 AM
Form Started By: Sandy Chase Started On: 02/01/2012 02:53 PM
Final Approval Date: 02/02/2012
Packet Page 11 of 23
- 1 -
RESOLUTION NO. _____
A RESOLUTION OF THE EDMONDS TRANSPORTATION
BENEFIT DISTRICT (“TBD”) RELATING TO PUBLIC
RECORDS; DESIGNATING A PUBLIC RECORDS OFFICER;
ESTABLISHING PUBLIC RECORD PROCEDURES TO BE
FOLLOWED PURSUANT TO THE PUBLIC RECORDS ACT.
WHEREAS, the state legislature amended the public records statutes during the
2005 legislative session and subsequently recodified the Public Disclosure Act at chapter 42.56
RCW, now referred to as the Public Records Act (the “Act”); and
WHEREAS, the Edmonds Transportation Benefit District (“TBD”) desires to
designate a public records officer; and
WHEREAS, the TBD desires to establish public records procedures for
consistency with the Act; NOW, THEREFORE,
THE MEMBERS OF THE BOARD OF THE TRANSPORTATION BENEFIT
DISTRICT OF THE CITY OF EDMONDS, WASHINGTON, DO RESOLVE AS FOLLOWS:
Section 1. Establishing Records Officer.
A. The City of Edmonds city clerk is hereby designated as the public records officer
of the TBD, subject to the City Council providing a similar designation in chapter 3.65 of the
Edmonds City Code. Contact information for the city clerk is to be made available to the public
in a manner reasonably calculated to provide notice of whom to request public records from,
such as posting such contact information at City Hall or on the city’s internet website.
The TBD Public Records Officer shall
be designated as follows:
B. All persons desiring to inspect or receive a copy of any public record of the TBD
must make their request to the city clerk on forms specified by the city clerk.
Section 2. Responses or Denial of a Request. The TBD shall adhere to the
following procedures when responding to a public record request under RCW 42.56:
Packet Page 12 of 23
- 2 -
A. Responses to requests for public records shall be made promptly and pursuant to
guidelines established in chapter 42.56 RCW. Within five business days of receiving a written
public record request, the TBD must respond by either:
1. Providing the record;
2. Acknowledging that the TBD has received the request and providing a
reasonable estimate of the time the TBD will require to respond to the request; or
3. Deny the public record request. Denials must be accompanied by a written
statement of specific reasons therefor.
B. Public records may be made available on a partial or installment basis as records
that are part of a larger set of requested records are assembled or made ready for public
inspection or disclosure. Additional time required to respond to a request may be based on the
need to clarify the intent of the request, to locate and assemble the information request, to notify
third persons or agencies affected by the request, or to determine whether any of the information
requested is exempt and that a denial should be made as to all or part of the request. The TBD
may ask the requestor to clarify what information the requestor is seeking. If the requestor fails
to clarify the request, the TBD need not respond to it.
Section 3. Certain personnel and other records exempt. The TBD adopts by
reference the exemptions from public disclosure contained in chapter 42.56 RCW, including any
future amendments thereto or recodification thereof, along with any other exemption provided by
law, including but not limited to those exemptions set forth in “Public Records Act for
Washington Cities and Counties,” Municipal Research and Services Center, Report No. 61,
Revised November 2009, a copy of which shall be maintained in the office of the City Clerk.
Section 4. Copying fees.
A. No fee shall be charged for the inspection of public records. Any person who
requests a copy of any public record from the city clerk shall pay to the city clerk or a designee
of the city clerk a photocopying charge. The charges for copying shall be 0.15 cents per page.
The following copying fees shall be assessed by the
TBD when responding to requests for public records:
B. The city clerk may require a deposit in an amount not to exceed ten percent of the
estimated cost of providing copies for a request. If public records are made available on a partial
or installment basis, the applicable fees shall be due and payable for each part of the request as it
Packet Page 13 of 23
- 3 -
is provided. If an installment of a records request is not claimed or reviewed, the TBD shall not
be obligated to fulfill the balance of the request.
RESOLVED this ______ day of February, 2012
EDMONDS TRANSPORTATION BENEFIT DISTRICT
______________________________________
BOARD PRESIDENT, STROM PETERSON
4848-1434-0622, v. 1
Packet Page 14 of 23
AM-4547 Item #: 6.
Transportation Benefit District Board
Date: 02/07/2012
Time:10 Minutes
Submitted For:Phil Williams, Public Works Director Submitted By:Sandy Chase
Department:Public Works
Type:Information
Information
Subject Title
Edmonds Transportation Benefit District - Annual Report for Year 2011.
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 15 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 two separate dates in 2011.
The ETBD raised a total of $639,180 from the existing $20/vehicle local license fee during 2011. Qualifying expenses of the
TBD, as limited by ETBD Ordinance #1, were $580,188. Since revenue exceeded qualifying expenses the balance $58,992
was transferred to the Street Fund.
Packet Page 16 of 23
Attachments
TBD Revenue & Expenditure Report 2011
Form Review
Inbox Reviewed By Date
Mayor Dave Earling 02/03/2012 09:21 AM
Final Approval Sandy Chase 02/03/2012 09:22 AM
Form Started By: Sandy Chase Started On: 02/03/2012
Final Approval Date: 02/03/2012
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