HomeMy WebLinkAbout67-19 - Res. Replacing Res. 20-19 Updating Real Property Acquisition Procedures for Public Works RESOLUTION NO. 0- (I
REPLACING RESOLUTION 20-19
UPDATING THE REAL PROPERTY ACQUISITION PROCEDURES
FOR PUBLIC WORKS PROJECTS
WHEREAS, The Mason County Department of Public Works engages in projects designed to
improve the County's transportation infrastructure; and
WHEREAS, said projects frequently require the acquisition of additional right of way from
abutting property owners; and
WHEREAS, certain federal and state laws and regulations set forth procedures for the
acquisition of real property, including rights of way; and
WHEREAS, the Board of County Commissioners finds that adherence to said laws and
regulations in all real property and right of way acquisition activities of County staff is appropriate and
required; and
WHEREAS, Resolution 20-19, approved March 12, 2019 adopted the County Real Property
and Right of Way Acquisition Procedures; and
WHEREAS, Public Works is prompting the Board of Commissioners to update these
procedures to reflect changes to personnel.
NOW, THEREFORE, BE IT RESOLVED by the Mason County Board of Commissioners that
Real Property Acquisition Procedures for Public Works Projects found in Exhibit A, attached hereto,
are hereby adopted and mandated for use by Public Works staff in connection with all transportation
improvement projects and other activities in pursuit of the Public Works mission; and
NOW THEREFORE, BE IT FURTHER RESOLVED that the Real Property and Right of Way
Acquisition procedures found in Mason County Resolution 20-19 are hereby replaced.
DATED this day of 3UtU2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, VVASHINGTON
W,Zl,-�A- 0j,44
M iss ry, Clerk f e Board
Kevin Shu air
APPROVED AS TO FORM:
Sharon Tr sk, Vice Chair
Tim Whitehead, Chief DPA
Ra y qeatherlin, ommissioner
RECEIVED
41111. AUG 1 200
� Washington State Transportation Building
VI/ Department of Transport1 310 Maple Park Avenue S.E.
COUhTi PUBLIC PO.Box 47300
} ' Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6388
www.wsdot.wa.gov
August 12, 2019
Mr. Jerry Hauth
Public Works Director
Mason County
100 W. Public Works Drive
Shelton, Washington 98584-9714
Mason County
Updated Right of Way Procedures
Dear Mr. Hauth:
On August 7, 2019,the Local Programs Right of Way Section received the County's
updated Right of Way(ROW) Procedures. These updated ROW procedures are approved,
and supersede and replace he previous procedures, subject to the following requirements:
1. Diane M. Sheesly, P.E., County Engineer; Sarah Grice, Engineering and
Construction Manager; Loretta Swanson, Director, are approved to perform the
Program Administration function,which includes oversight of hired ROW
consultants, review and approval of recommended actions and payments,review and
preliminary approval of administrative settlements, and authorization of just
compensation including approval of Administrative Offer Summaries (AOS).
2, Appraisals and appraisal reviews must be contracted with the Washington State
Department of Transportation(WSDOT)or consultant on WSDOT's approved
qualified appraiser/reviewer list.
3. Phil Franklin,Right of Way Agent,is approved to perform acquisition functions.
The Local Agency Coordinator(LAC) for Olympic Region must be given the
opportunity to review all parcel files prior to offers being made to the property
owners. To avoid a conflict of interest, acquisition agents are only approved to
acquire property valued at $10,000 or less if they also prepare the Administrative
Offer Summary (AOS).
4. All relocations must be contracted with qualified consultants, other agencies with
qualified staff or WSDOT. Any relocation consultant must be monitored by the
LAC. For any projects involving relocation, the County must provide confirmation
that they have an approved relocation appeal procedure in place prior to starting
relocation activities.
5. Phil Franklin, Right of Way Agent, is approved to perform Property Management
functions.
Mr. Jerry Hauth
Mason County
Updated Right of Way Procedures
August 12, 2019
The Administrative Settlement submitted has been re-approved as part of this procedural
update. It is recommended that staff approved within your procedures for Administrative
Settlement functions complete the online eLearning class available at:
http://www.wsdot.wa.gov/LocalPrograms/ROWServices/Training.htm
The County is approved to use the Federal Highway Administration approved waiver
process of$25,000 or less, including cost to cure items in which it is not required to offer
appraisals for values at$10,000 or less.
It is requested that the County work closely with the region LAC early and throughout the
right of way process to ensure that all necessary procedures are followed on any federal-aid
projects. In particular, the County must notify the Region LAC prior to contracting with
consultants to initiate the process.
When staffing changes occur, an updated list must be submitted for approval prior to
commencement of any right of way work.
If you have any questions regarding the requirements, please contact Dawn Fletcher,
Olympic Region LAC at 360-705-7325, or Bryan Dias, Olympic Region Local Programs
Engineer at 360-704-3213.
Sincerely,
Wttk)
Michelle Newlean
Local Programs
Right of Way Manager
MN:ml
Enclosures
cc: Bryan Dias, Olympic Region Local Programs Engineer
Dawn Fletcher, Olympic Region LAC
MASON COUNTY
DEPARTMENT OF PUBLIC WORKS
W PUBLIC WORKS DRIVE
SHELTON,WASHINGTON 98584
Phone(360)427-9670 x450
Fax(360)427-7783
MASON COUNTY Exhibit A —
MISSION
The mission of Mason
Right of WayProcedures for Public Works Projects
County Government is to
provide essential&mandated services which The County of Mason, hereinafter referred to as"AGENCY",desiring to acquire real
will preserve St benefit the property(obtain an interest in, and possession of,real property) in accordance with
health,safety,dr welfare of
the general public in a the Uniform Relocation Assistance and Real Property Acquisition Policies Act and
professional and courteous applicable federal regulations(49 CFR Part 24) and state law(Ch. 8.26 RCW), and state
manner through the effective
and equitable management regulations(Ch.468-100 WAC) hereby adopts the following procedures to implement
of available public the above statutes and Washington Administrative Code.The AGENCY is responsible
resources.
for the real property acquisition and relocation activities on projects administered by
Mason County recognizes the AGENCY.To fulfill the above requirements the AGENCY will acquire right-of-way
that its employees&
volunteers are the (ROW)in accordance with the policies set forth in the Right of Way Manual M 26-01
foundation upon which . and Local Agency Guidelines.The AGENCY has the following expertise and personnel
these services are provided.
capabilities to accomplish these functions:
1. The following relate to the AGENCY's request.
a. Below is a list of responsible AGENCY individual names and positions,for
which the AGENCY has qualified staff to perform the specific right-of-way
function(s).Attached are resumes for each individual AGENCY staff listed to
perform those functions below,and a brief summary of their qualifications
pertaining to the specific ROW function(s)for which they are listed.The
procedures shall be updated whenever staffing changes occur.The AGENCY
will be approved to acquire based upon staff qualifications.
i. PROGRAM ADMINISTRATION :
Oversee delivery of the R/W Program on federal aid projects for the
agency. Ensures R/W functions are carried out in compliance with
federal and state laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Ensures agency's approved R/W Procedures are current,including
staff qualifications,and provides copies to consultants and agency
staff;
• Oversight of ROW consultants;
o use of consultant contract approved by WSDOT
o management of ROW contracts
o management of ROW files
o reviews and approves actions and decisions recommended by
Sl lit t'("r Tr) Pfi(? RF.Mt NTS LTSTFL) IN consultants
URES APPROVAL LE T TER o Overall responsibility for decisions that are outside the
purview of consultant functions
LPA-001 Right of Way Procedures Page 1 of 5
Revised 12/2017
• Sets Just Compensation prior to offers being made;
• Approves administrative offer summaries per policy;
• Ensure agency has a relocation appeal process in place prior to starting relocation activities;
• Oversight of Administrative Settlements;
• Obligation authority for their agency;
• Obtain permits(Non-Uniform Relocation Act(URA));
• Ensures there is a separation of functions to avoid conflicts of interest.
• Verifies whether or not ROW is needed,and that the property rights and/or interests needed
are sufficient to construct,operate and maintain the proposed projects(see Appendix 25.176).
Diane M.Sheesley,PE,County Engineer,Sarah Grice,PE,Engineering and Construction Manager,and
Loretta Swanson,Director
ii. APPRAISAL
Prepare and deliver appraisals on federal aid projects for the agency. Ensures that appraisals
are consistent and in compliance with state and federal laws, regulations, policies and
procedures.
Responsibilities/Expectations:
• Use only qualified agency staff approved by WSDOT to perform appraisal work;
• Use appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff;
• Prepare Project Funding Estimates(PFE)or,when applicable,True Cost Estimates(TCE);
• Prepare Administrative Offer Summaries(AOS or Appraisal Waiver);
• Obtain specialist reports;
• Coordinate with engineering,program administration,acquisition,relocation,and/or property
management as necessary.
No qualified staff
iii. APPRAISAL REVIEW:
Review appraisals on federal aid projects for the agency to make sure they are adequate,
reliable,and have reasonable supporting data,and approve appraisal reports. Ensures
appraisals are adequately supported and represent fair market value and applicable costs to
cure and are completed in compliance with state and federal iaws, regulations, policies and
procedures.
Responsibilities/Expectations:
• Use only qualified agency staff approved by WSDOT to perform appraisal review work;
• Use review appraiser from WSDOT's Approved Appraiser List if agency does not have qualified
staff;
• Ensures project wide consistency in approaches to value, use of market data and costs to cure;
• Coordinate with engineering,program administration,acquisition,relocation,and/or property
management as necessary.
SttRtrC'T TO PP!)L?MRF:MRNTS L>TSTr1) IN
RIGli 1 i ,,t:;.LOURES APPROVAL LETTER
CPA-001 Right of Way Procedures Page 2 of 5
Revised 12/2017
No qualified staff
iv. ACQUISITION:
Acquire,through negotiation with property owners, real property or real property interests
(rights)on federal aid projects for the agency. Ensures acquisitions are completed in
compliance with federal and state laws, regulations, and policies and procedures.
Responsibilities/Expectations:
• Use only qualified staff to perform acquisition activities for real property or real property
interests,including donations;
• To avoid a conflict of interest,when the acquisition function prepares an AOS,only acquires
property valued at$10,000 or less;
• Provide and maintain a comprehensive written account of acquisition activities for each parcel;
• Prepare administrative settlement justification and obtain approval;
• Prepare Project Funding Estimates(PFE)or,when applicable,True Cost Estimates(TCE);
• Prepare Administrative Offer Summaries(A05 or Appraisal Waiver);
• Review title,and recommend and obtain approval for acceptance of encumbrances;
• Ensure acquisition documents are consistent with ROW plans,valuation,and title reports;
• Provide a negotiator.disclaimer;
• Coordinate with engineering,program administration,appraisal,relocation,and/or property
management as necessary;
• Maintain a complete,well organized parcel file for each acquisition.
Phil Franklin,ROW Agent
v. RELOCATION:
Provide relocation assistance to occupants of property considered displaced by a federally
funded projects for the agency. Ensures relocations are completed in compliance with federal
and state laws, regulations,policies and procedures.
Responsibilities/Expectations:
• Prepare and obtain approval of relocation plan prior to starting relocation activities;
• Confirm relocation appeal procedure is in place;
• Provide required notices and advisory services;
• Make calculations and provide recommendations for agency approving authority prior to
making payment;
• Provide and maintain a comprehensive written account of relocation activities for each parcel;
• Coordinate with engineering,program administration,appraisal,acquisition,and/or property
management as necessary;
• Maintain a complete,well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from the ROW.
St1nrr'r TO REQUIREMENTS t.iSTI-i) IN
R1.' 1T OF WAY PROCEDURES APPROVAL LEYTER
LPA-001 Right of Way Procedures Page 3 of 5
Revised 12/2017
No qualified staff
vi. PROPERTY MANAGEMENT:
Establish property management policies and procedures that will assure control and
administration of ROW,excess lands,and improvements acquired on federal aid projects for
the agency. Ensures property management activities are completed in compliance with
federal and state laws, regulations,policies and procedures.
Responsibilities/Expectations:
• Account for use of proceeds from the sale/lease of property acquired with federal funds on
other title 23 eligible activities;
• Keep R/W free of encroachments;
• Obtain WSDOT/FHWA approval for change in access control along interstate;
• Maintain property records;
• Coordinate with engineering, program administration,appraisal,acquisition,and/or property
management as necessary;
• Maintain a complete,well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from the ROW.
Phil Franklin,ROW Agent
b. Any functions for which the AGENCY does not have qualified staff,the Agency will contract with
another local agency with approved procedures,an outside contractor,or the Washington State
Department of Transportation(WSDOT).An AGENCY that proposes to use outside contractors for
any of the above functions will need to work closely with the WSDOT Local Agency Coordinator(LAC)
and Local Programs to ensure all requirements are met.When the AGENCY proposes to have a staff
person approved to negotiate who is not experienced in negotiation for FHWA funded projects,the
LAC must be given a reasonable opportunity to review all offers and supporting data before they are
presented to the property owners.
c. The AGENCY wishes to take advantage of an Appraisal Waiver(aka Administrative Offer Summary or
AOS) procedure on properties valued up to$25,000 or less and outlined in the attached form
LPA-003.
d. Attached is a copy of the AGENCY's administrative settlement procedure showing the approving
authority(s) and the procedure involved in making administrative settlements.
2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents
shall be retained and available for inspection during the plan development, right-of-way and
construction stages,and for a three year period following acceptance of the projects by WSDOT.
3. Approval of the AGENCY's procedures by WSDOT may be rescinded at any time the AGENCY is found to
no longer have qualified staff or is found to be in non-compliance with the regulations.The rescission
may be applied to all or part of the functions approved.
sl'R1 rr T Tr) P7QUIREMENTS LISTED IN
RIG;s l`t iL ‘.,-S Y t.UCEUU1:EES APPROVAL LETTER
LPA-001 Right of Way Procedures Page 4 of 5
Revised 12/2017
tkij 1 t0, 1 I
Date
Washington State Department of Transportation
Approved By:
WALI Aht,Oka, 4/Z/1
local Programs Right of Way Manager Date
film rr-r Tr T FQUTREMT:NTS LISTED IN
pir;,'; A'r1LUVAL LETTER
LPA-001 Right of Way Procedures Page 5 of 5
Revised 12/2017
WAIVER OF APPRAISAL PROCEDURE
The County of Mason, hereinafter referred to as"AGENCY", desiring to acquire Real
Property according to 23 CFR, Part 635,Subpart C and State directives,and desiring to
take advantage of the$25,000.00 appraisal waiver process approved by the Federal
Highway Administration(FHWA)for Washington State, hereby agrees to follow the
procedure approved for the Washington State Department of Transportation (WSDOT)
as follows:
Rules
A. The AGENCY may elect to waive the requirement for an appraisal if the
acquisition is simple and the compensation estimate indicated on the
Project Funding Estimate(PFE) is$25,000.00 or less including cost-to cure
items. A True Cost Estimate shall not be used with this procedure.
B. The AGENCY must make the property owner(s)aware that an appraisal
has not been completed on the property for offers$10,000 or less.
C. The AGENCY must make the property owner(s)aware that an appraisal
has not been completed on the property for offers over$10,000 and up
to$25,000, and that an appraisal will be prepared if requested by the
property owner(s).
D. Special care should be taken in the preparation of the waiver.As no
review is mandated, the preparer needs to assure that the compensation
is fair and that all the calculations are correct.
Procedures
A. An Administrative Offer Summary(AOS) is prepared using data from the
PFE.
B. The AOS is submitted to the Public Works/Utilities Director or County
Engineer for approval.
C. The Public Works/Utilities Director or County Engineer signs the AOS
authorizing a first offer to the property owner(s).
APPROVED:
AGENCY
p� /r I-4( /r tolBy: % tt.� 1/t �iil
County Engineer Local Programs Right of Way s'/iz-/t I
Mason County Public Works Manager
LPA-003
10/2014
SI III trr r To T r-QUIEHMENTS LISTED IN
R1t oi• V't k'icuC:EDURES APPROVAL LISTER
ADMINISTRATIVE SETTLEMENT POLICY
The County of Mason, hereinafter referred to as"AGENCY",desiring to acquire Real Property
according to 23 CFR, Part 635,Subpart C and State directives, hereby specifies the AGENCY'S
administrative settlement policy and approving authorities for making administrative
settlements.
Administrative settlements are occasionally required in addition to just compensation in order to
acquire needed right of way through negotiation. These administrative settlements can help eliminate
costly condemnation litigation and project construction schedule delays. The Project Parcel Negotiation
Diary shall contain the background leading to the need for an administrative settlement and a memo to
the file shall be prepared detailing the rationale and justification. The level of authority to offer
administrative settlements is as follows:
• Acquisition Negotiator-Just compensation plus up to an additional$5000.00.
• Engineering and Construction Manager-Just compensation plus up to an additional$10,000.00.
■ Public Works/Utilities Director or County Engineer-Just Compensation plus up to an additional
$25,000.00.
• Mason County Board of County Commissioners,Chair-Just Compensation plus any
administrative settlement offer in excess of$25,000.00.
SITTlTFCT TO REQUIREMENTS LISTED IN /4JGk/it I vG�J4 r{.�J 0 J/2'/f 1
R1Gti1` l.rr 4'r,.t PROCEDURES APPROVAL LILIi'ER
el tat, f-ta.ncL
Mason County
RESUME OF RIGHT OF WAY QUALIFICATIONS
Diane M Sheesley, PE
Education BSCE Washington State University 1999
Experience Nearly 20 years of industry experience,which includes:
overseeing the securing of necessary property rights for
numerous road,bridge,utility and related public infrastructure
projects;and ensuring Federal and State compliance with ROW
acquisition procedures.
ROW No Verification Webinar April 6,2016
US Department of Transportation FHWA Federal Aid Essentials
Video Library January 2019
STIPI rs`rTr) PPrATTREMENTS L.ISTRr? ICI
RIGIII lrr Vr.y4 I a:uC L3URES APPROVAL LIs'TTER
Mason County
RESUME OF RIGHT OF WAY QUALIFICATIONS
Sarah Grice,PE
Education Oregon Institute of Technology, BSCE 2007
Experience Nearly 12 years of industry experience,which includes:
overseeing the securing of necessary property rights for
numerous road,bridge,utility and related public infrastructure
projects;and ensuring Federal and State compliance with ROW
acquisition procedures.
ROW No Verification Webinar—March 2016
US Department of Transportation FHWA Federal Aid Essentials
Video Library—Varies
ROW Basic Acquisition Policies—August 2015
•
•
Stif3rr �> fir_ �?.TIRFMENTS I.ISTF.D IN
M Ii i i. i ►'.: : i taU.R S A14'hi)VAL LETTER
Mason County
RESUME OF RIGHT OF WAY QUALIFICATIONS
Loretta Swanson
Education Saint Martin's College, BSCE 1984
Experience 20+years of industry experience,which includes:overseeing the
securing of necessary property rights for numerous road,bridge,
utility and related public infrastructure projects;and ensuring
Federal and State compliance with ROW acquisition procedures.
LTAP Training Core curriculum courses including: ROW No Verification Webinar
(March 2016), Diary Entries,and Sufficient Property Rights
Various Local Agency ROW Meetings
US Department of Transportation FHWA Federal Aid Essentials
SI'Ftrr:'i Tr) rsPOT'9REMPNTS LISTFD TN
TUE,'i . , i*fit :���r�,�t URES AYi'RUVAL LETFER
Mason County
RESUME OF RIGHT OF WAY QUALIFICATIONS
Phillip Franklin
Education Bachelor of Science, Pacific Lutheran University
Certificate,Trend Business College
Experience State Certified Appraiser(#0057)for 28 plus years
Attended and passed USPAP 1997 and update class in 2007
LTAP Training Diary Entries(on-line)
Administrative Settlement(on-line)
No ROW Certification (4/18/2017 webinar)
FHWA/WSDOT(4/19/17 WSDOT Administrative Settlement)
Acquisition Under the Uniform Act(6/12/17 webinar)
Local Agency Row Meeting(6/28/17)
NEPA&ROW Integration (8/14&15/2017 seminar)
IRWA Eminent Domain Mock-Trial (9/28/17 seminar)
ROW:Local Agency Row Meeting(5/15/2018
Appraisal of TCE (9/10/2018 seminar)
S71R r:r F TO RT7QUIRFMFNTS I ISTFD IN
.; > k- t.a.L)UFth.S APPROVAL LEI TER