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HomeMy WebLinkAbout13-0218-25R STATE OF WASHINGTON COUNTY OF JEFFERSON In the Matter of Implementing the Material Change Policy previously adopted by the RESOLUTION NO. 13-0218-25R Jefferson County Transportation Benefit District(JCTBD) 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; WHEREAS, RCW 36.73.160(1) and Jefferson County Code Chapter 3.90 required 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; 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; 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; WHEREAS, this policy was previously approved and adopted by the JCTBD on January 06, 2025 in Resolution No. 02-0106-25-TBD; WHEREAS, on February 10, 2025, the Jefferson County Board of Commissioners(BoCC) assumed the JCTBD pursuant to RCW 36.74, and, as such, JCTBD's material change policy has become moot; WHEREAS, BoCC should now implement the material change policy, which is consistent with Jefferson County's purchasing polices for changes; and NOW,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, STATE OF WASHINGTON,AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners 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 BoCC shall hold a public hearing to solicit comments from the public regarding how the cost change should be resolved. 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, county staff shall consult with and review the changes with the BoCC Chair. The BoCC Chair shall determine whether or not to convene a meeting of the BoCC for discussion. If the scope of the change will 1 of 3 result in an increase in cost by more than twenty percent (20%), the BoCC 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 JCTBD projects for funding,or schedule changes exceed 180 days,county staff shall consult with and review such changes with the BoCC Chair. The BoCC Chair shall determine whether or not to convene a meeting of the BoCC 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 BoCC 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 BoCC's decision regarding the project. The BoCC Chair shall have the authority to determine whether material changes have occurred that require a meeting of the BoCC. 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 BoCC. (SIGNATURES FOLLOW ON THE NEXT PAGE) 2 of 3 APPROVED and ADOPTED this f g day of February, 2025. JEFFERSON COUNTY BOARD OF SEAL: CO TY COMMISSIONERS d++,Nlllll rryr, aoR c S0N a ••'a, '�ssi 0 '�z. e i our, Chair Si `"'• r r e n, Member � '�.t1;l l ey-Nollette, Member ""rrrr"NN ATTEST: APPROVED AS TO FORM: Ca' ("kg,l44./ Carolyn laway, CMC D'Ate Philip C. Hunsucke , Date .274/0/as Clerk of + e Board Chief Civil Deputy Prosecuting Attorney 3 of 3 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: BoCC Board Members FROM: Mark McCauley, County Administrator DATE: February 18,2025 SUBJECT: Resolution Adopting a Material Change Policy STATEMENT OF ISSUE: RCW 36.73.160(1) requires transportation benefit districts adopt a material change policy. The attached resolution serves as that required policy and was previously approved and adopted by the Jefferson County Transportation Benefit District(JCTBD)on January 06, 2025 in Resolution No. 02-0106-25-TBD. On February 10, 2025, BoCC held a public hearing and passed an ordinance finding it was in the county's best interest to assume the JCTBD and amending JCC Chapter 3.90 accordingly. As such, JCTBD's material change policy has become moot. BoCC should now implement the material change policy, which is consistent with Jefferson County's purchasing 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. Through assumption, JCC Chapter 3.90 was amended to now read: 3.90.030 Material change policy required. 36.73.160(1). The BoCC shall implement the material change policy previously adopted by the JCTBD that addresses major plan changes that affect project delivery or other ability to finance the plant pursuant to the requirements set forth in RCW 36.73.160(1). FISCAL IMPACT: None at this time. RECOMMENDATION: That the BoCC approve and adopted the JCTBD Material Change Policy. REVIEWED BY: Vd ‘41-.4.0 01//a.17, 2 •-.5— Mark McCaul , County Administrator Date