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HomeMy WebLinkAbout02-0106-25-TBD STATE OF WASHINGTON COUNTY OF JEFFERSON TRANSPORTATION BENEFIT DISTRICT In the Matter of the Governing Body of the Jefferson County Transportation Benefit RESOLUTION Nth 02-0106-25-TBD District Adopting a Material Change Policy WHEREAS, Jefferson County approved Ordinance No. 10-1216-24 on December 16, 2024, establishing the Jefferson County Transportation Benefit District (JCTBD) for unincorporated Jefferson County pursuant to Chapter 36.73; and WHEREAS, RCW 36.73.160(1) and chapter 3.90.030 Jefferson County Code require the JCTBD Board to adopt a material change policy to address major plan changes that affect project delivery or the ability to finance the plan; and WHEREAS, according to RCW 36.73.160(1), the policy must at least address material changes to cost, scope, and schedule, the level of change that will require governing body involvement, and how the governing body will address those changes; and WHEREAS, RCW 36.73.160(1) requires that, at a minimum, in the event that a transportation improvement cost exceeds its original cost by more than twenty percent (20%) as identified in a district's original finance plan, the governing body shall hold a public hearing to solicit comment from the public regarding how the cost change should be resolved; NOW, THEREFORE,THE JEFFERSON COUNTY TRANSPORTATION BENEFIT DISTRICT FOR UNICORPORATED JEFFERSON COUNTY, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Transportation Benefit District hereby adopts the above"Whereas" clauses as Findings of Fact. Section 2. Material Change to Cost. In the event an approved transportation improvement project exceeds its original cost by more than twenty percent(20%),the JCTBD 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 3. Material Change to Scope. 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 for the public regarding how the change of scope should be resolved. Section 4. 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 staff shall 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 1 of 3 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 5.Definition of Material Change. Material changes 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. Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this Resolution or its application to any person or circumstance is held invalid, the remainder of this resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 7. SEPA Categorical Exemption. This Resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 8. Effective Date. This Resolution shall take effect and be in full force immediately upon adoption by the Jefferson County Transportation Benefit District Board. (SIGNATURES FOLLOW ON THE NEXT PAGE) 2 of 3 ADOPTED and APPROVED this v- day of jlit0) , 2025. JEF ERSON COUNTY TRANSPORTATION SEAL: B EFIT ISTRICT BOARD Heidi Eise our '`�' Greg rot ei � , M;tp er J11)1 1 44ggqqqM'�4'ASHtN'';+•'� H 00.ley Nollette Member ATTEST: APPROVED A TO ORM: Aatbia t/a/7� Caro Gallawa , C Date PhilipC. Hunsucker, Date / Y Y l471 ZS Clerk of the Board Chief Civil Deputy Prosecuting Attorney 3 of 3 ,,IIINNININs,,.. ' ,se — 'yob Cit"I I'/CJ ''��, r O t. 4~`IypINWII•�N� JEFFERSON COUNTY TRANSPORTATION BENEFIT DISTRICT (TBD) AGENDA REQUEST TO: TBD Board Members FROM: Mark McCauley,County Administrator DATE: January 6,2025 SUBJECT: Resolution Adopting a Material Change Policy STATEMENT OF ISSUE: RCW 36.73.160(1) requires transportation benefit districts to adopt a material change policy. The attached resolution serves as that required policy. This policy will be moot if Jefferson County assumes the Transportation Benefit District. If the County were to assume the Jefferson County Transportation Benefit District,the BoCC could implement the material change policy previously adopted by the JCTBD and any changes would be subject to Jefferson County's procurement polices for changes. ANALYSIS: RCW 36.73.160(1) outlines what must be included in the material change policy: The district governing body shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan. The policy must at least address material changes to cost, scope, and schedule, the level of change that will require governing body involvement, and how the governing body will address those changes. At a minimum, in the event that a transportation improvement cost exceeds its original cost by more than twenty percent as identified in a district's original finance plan,the governing body shall hold a public hearing to solicit comment from the public regarding how the cost change should be resolved. FISCAL IMPACT: None at this time. RECOMMENDATION: That the JCTBD Board adopt the proposed Material Change Policy. REVIEWED BY: S � /,-7A5' MarkMcCauleounty Administrator Date