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HomeMy WebLinkAbout082018_ca05 Department of Public Works O Consent Agenda Page 1 of 3 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: August 20, 2018 Subject: Agreement for Use of Road Levy Funds for Traffic Law Enforcement Statement of Issue: A multi-party agreement regarding the appropriate use and administration of Road Levy funds diverted for traffic law enforcement purposes. Analysis/Strategic Goals/Pro's Et Con's: The Board has historically viewed traffic law enforcement as a high priority. In order to support this goal, the Board has diverted a portion of the Road Levy to partially offset the costs of traffic law enforcement performed by the Sheriff's office. This decision is captured annually in a resolution, the most recent being Resolution No. 049-17 (attached). In recent years, this diversion level has been approximately 17% of the total Road Levy. The intent of the attached Agreement is to provide clarity and accountability in regard to the use of County road funds to support traffic law enforcement services within the unincorporated areas of Jefferson County. The Agreement was developed through a collaborative effort involving Public Works, Sheriff's Office, Auditor, Central Services Director, and County Administrator and is based on model documents provided by the County Road Administration Board and others. Appropriate traffic enforcement activities and priorities are defined by WAC 136-25- 030, and may include the following: 1) Speed limit and other traffic law enforcement; 2) Collision investigation including documenting/reporting; 3) Oversize vehicle (weight, length, width, and height) enforcement; 4) Special traffic emphasis patrols; 5) Facilitating the removal of abandoned vehicles from the county road and rights of way; Department of Public Works O Consent Agenda Page 2 of 3 6) Facilitating the removal of roadway and right of way obstructions at the request of the County Engineer; 7) Investigating illegal littering and dumping on county road rights of way; 8) Sign damage investigation and enforcement; 9) Road condition enforcement, including mud, water, debris, or spills; 10)Rights of way encroachment investigation and enforcement at the request of the County Engineer; 11)Maintenance and construction zone traffic enforcement; 12)Road department vehicle special collision investigation at the request of the County Engineer; 13)Enforcing statutes or otherwise assisting with situations having to do with the operation of county roadways such as illegal parking in the traveled way; storage of inoperable vehicles on public road right of way; unauthorized work in the right of way; improper or unauthorized work zone traffic control on county roads by utility companies, contractors, or private parties; theft of timber or other county property on the right of way; closure of roads during storm events and accidents; and 14)Other activities clearly related to county road traffic law enforcement needs as mutually agreed upon in writing by the County Engineer and the Sheriff. The Board, Auditor, and Sheriff must certify each year on a form provided to the County Road Administration Board that the funds diverted for traffic law enforcement were spent properly on eligible activities only. This certification is required in order for the County to maintain eligibility for certain significant sources of state motor vehicle tax revenue. Having this Agreement in place will ensure that all parties understand how the diverted funds are to be administered. Fiscal Impact/Cost Benefit.Analysis: The Agreement itself imparts no new fiscal impact upon the County. Recommendation: Sign the Agreement where indicated and distribute fully executed copies to all parties. Department Contact: Monte Reinders, Public Works Director/County Engineer Reviewed By: , ,_--) ,/2 5/ //g P ilip Mort- • , Counministrator Date Department of Public Works O Consent Agenda Page 3 of 3 (t. ( STATE OF WASHINGTON County of Jefferson In the Matter Of Diversion of Road Levy for Traffic Law Enforcement for the RESOLUTION NO, _044 17 2018 General Fund Budget WHEREAS, RCW 36,33.220 authorizes the Board of County Commissioner to divert any portion of the County Road property taxes to provide traffic law enforcement services in the unincorporated areas of the County; and, WHEREAS, the Board of County Commissioners intends to utilize the County Road Fund monies for the traffic law enforcement services in the unincorporated areas of the County, and, WHEREAS,Jefferson County has established a revenue account with revenue code 311,20 for the purpose of identifying the County Road fund monies used for traffic enforcement in the unincorporated areas of the County. NOW, THEREFORE,BE IT RESOLVED,by the Board of Commissioners ofJefferson County that the Road Tax Levy collected in 2018 be divided with 5720,000 deposited in the Current Expense Fund and identified as revenue code 311.20,and the remainder deposited in the County Road Fund. APPROVED AND ADOPTED this 206 day of November,2017, JEFFERSON COUNTY BOARD OF COMMISSIONERS &VAL: ,t1 1 Kathleen Kier,Chair ATTEST. f "— L. Dira J an, ember 'At/ yol.11 at4ert Carol Gallaway, Deputy Clerk of the Board Kate IL, AGREEMENT USE OF ROAD LEVY FUNDS for TRAFFIC LAW ENFORCEMENT Parties to this Agreement are the Board of County Commissioners,Jefferson County Sheriff,and County Engineer. Traffic law enforcement is the responsibility of the Sheriff. State statutes dictate specific and acceptable uses of the Road Fund. The intent of this Agreement is to provide clarity and accountability in regard to the use of County road funds, if any are provided,to support traffic law enforcement services within the unincorporated areas of Jefferson County. As part of the County's annual budget process,the Board of Commissioners in consultation with the County Administrator, County Engineer, and Sheriff will determine whether using a portion of the Road levy to support traffic law enforcement activities by the Sheriff's Department is appropriate. If the Board determines that it is in the best interest of the County to partially offset the costs of traffic law enforcement with some portion of the Road levy,the Board will then determine at what amount and whether the funds should be diverted through the budget process,transferred at regular intervals,or reimbursed through"fee for service" invoices. For the purposes of this Agreement,the term"diversion"will be used henceforth to indicate any of these three methods of fund transfer. The Board's decision shall be issued by Resolution. The Parties agree and understand that the amount of funding that may be provided through this Agreement is in no way intended to establish the maximum level of effort for traffic law enforcement activity. Any funding provided through this Agreement is in support of traffic enforcement activity. The Sheriff sets law enforcement priorities and may use other funds within the Sheriff's budget to perform additional traffic law enforcement above and beyond that supported by a Road levy diversion. In no case shall traffic law enforcement expenditures be less than the amount diverted. If this is the case, unused funds shall be returned to the Road Fund. The diversion of County Road Funds from the Road levy for traffic law enforcement is administered under Chapter 136-25 of the Washington Administrative Code(WAC)and per the County Road Administration Board(CRAB)requirements. With acceptance of these funds the Sheriff accordingly agrees to perform eligible traffic law enforcement activities and to maintain records in such format and detail as to demonstrate that the funds were used only for traffic law enforcement. To avoid creating onerous accounting processes the Sheriff will calculate the percentage of calls for service that are traffic related.This percentage will then p g P g be applied to the salaries, benefits and vehicle costs for the following BARS elements: • 52110-Undersheriff • 52122 -Patrol • 52123 - West End • 52127 -Hoh • 52170—Traffic The same percentage will also be applied to the cost of the JeffCom charges to the county for call taking and dispatch support. The sum of these amounts is a reasonable approximation of the direct cost of traffic law enforcement. Sheriff indirect and county-wide indirect costs will then be added to the direct cost to determine total cost. Traffic Diversion Agreement 1 Actual direct traffic law enforcement costs are much higher because when not on a call for service deputies are constantly monitoring traffic looking for offenders. The Sheriff will certify each year per WAC 136-150-022 the actual expenditure for eligible traffic law enforcement activities on a form provided by the County Road Administration Board. Eligible traffic law enforcement expenditures shall be equal to or greater than the amount of annually diverted County Road funds. Unused diverted funds will be returned to the Road Fund. It is the responsibility of the Sheriff to maintain a working knowledge of eligible activities,documentation requirements,rules, and restrictions per the above referenced WAC's. The Sheriff and County Engineer agree that appropriate traffic enforcement activities and priorities are defined by WAC 136-25-030, and may include the following: 1) Speed limit and other traffic law enforcement; 2) Collision investigation including documenting/reporting; 3) Oversize vehicle(weight, length,width, and height)enforcement; 4) Special traffic emphasis patrols; 5) Facilitating the removal of abandoned vehicles from the county road and rights of way; 6) Facilitating the removal of roadway and right of way obstructions at the request of the County Engineer; 7) Investigating illegal littering and dumping on county road rights of way; 8) Sign damage investigation and enforcement; 9) Road condition enforcement, including mud,water, debris, or spills; 10) Rights of way encroachment investigation and enforcement at the request of the County Engineer; 11) Maintenance and construction zone traffic enforcement; 12) Road department vehicle special collision investigation at the request of the County Engineer; 13) Enforcing statutes or otherwise assisting with situations having to do with the operation of county roadways such as illegal parking in the traveled way; storage of inoperable vehicles on public road right of way; unauthorized work in the right of way; improper or unauthorized work zone traffic control on county roads by utility companies,contractors, or private parties;theft of timber or other county property on the right of way; closure of roads during storm events and accidents; and 14) Other activities clearly related to county road traffic law enforcement needs as mutually agreed upon in writing by the County Engineer and the Sheriff. Disagreements shall be elevated to the county legislative authority upon request by either the Sheriff or County Engineer. The Sheriff agrees to employ at least one deputy adequately trained to provide advanced accident investigation required under this Agreement. Requests for specific services made on behalf of the Public Works Department will be made by the County Engineer or the Roads Superintendent or their designee. Such requests will be directed to Sheriff or a Sheriff's Office supervisor by e-mail,written request form,or other means as mutually agreed. When requested by Public Works,the Sheriff's Office will provide traffic enforcement performance measures to demonstrate how the funds are being used. Information may include number of traffic citations, traffic stops,warnings given, etc. as readily available. The Sheriff has the ability to create special case numbers for specific sites/issues that can be used to track statistics such as complaints responded to and hours spent on that issue. Traffic Diversion Agreement 2 Deputies performing traffic enforcement are Sheriff's Office employees and traffic enforcement personnel and/or activities will be supervised by Sheriffs Office supervisors.The Sheriffs Office will provide the vehicles and all other equipment and training needed for traffic law enforcement. In support of the traffic law enforcement activities by the Sheriff's Office,the County Engineer and his designee(s)at the Public Works Department will: 1) Provide speed studies and other traffic data to the Sheriff's office; 2) Install and maintain appropriate roadside signage in accordance with the Manual on Uniform Traffic Control Devices(MUTCD); 3) Install and move post-mounted vehicle activated LED speed warning signs provided by the Sheriff's office,as other priority work allows. 4) Refer enforcement requests received from the Public to the appropriate person at the Sheriffs office; 5) Make requests for special county work zone traffic enforcement; 6) Participate in regular meetings with the Sheriffs Office to review traffic enforcement priorities and other road related matters. This Agreement shall be reviewed by the Parties each year in preparation of the annual county budget. Funding for traffic policing through diversion is dependent upon the success of the program and the overall prioritization of traffic policing compared with other Road Fund needs. Traffic Diversion Agreement 3 This Agreement is subject to written amendment executed by all parties. The term of this Agreement shall be from the date of execution by the Board of County Commissioners for a period of five(5)years at which time it shall be subject to renewal or expiration. Signed this day of ,2018 by: COUNTY OF JEFFERSON BOARD OF COMMISSIONERS COUNTY ERIFF Ni David W. Sullivan, Chair David Stanko,Jefferson County Sheriff Kate Dean,Member Kathleen Kler,Member Philip Morley,County- dministrator /19 Mon - einders;'P.E. Public Works Director/County Engineer Approved as to form only: 62' r. Ag2- f�� Philip C. Hunsucker ate Chief Civil Deputy Prosecutor Traffic Diversion Agreement 4