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HomeMy WebLinkAbout01-14 - Res. Replacing Res. 27-11 Real Property Acquisition Procedures for Public WorksRea e 'OL UCHON NkOU Repilad ng esoiu'gw d hi on Acquiis� ion raced 27= :revs tbr Puibile Works Projects WHEREAS, The Mason County Department of Public Works engages in projects designed to improve the County's transportation infrastructure; and WI EREAS, 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 D EREA, 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, the real property and right of way acquisition procedures found in resolution 27-11 should be replaced'. NOW, THEREFRE, BIB, UT 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 AND, BE I FURTHER r"EOLVED that tie real property and right of way acquisition procedures found in Mason County Resolution 27-11 are hereby replaced. 1,' lea_ C DATE this ��' i day of 2013. � ATTEST: � Yf BrocrClerk of th&Board APPROVED AS 0 FORM: Chief Deputy Prosecuting Attorney BOARD OF COL NTY COMMISSIONERS MASON COUNTY, WASHINGTON Randy Neatherlin, ` air Tim Sheldon, Commissioner Terri Jeffreys, :��;- (..loner Exhibit A Mason County, Washington REAL PROPERTY ACQUISITION PROCEDURES FOR PUBLIC WORKS PROJECTS 1. Mason County ("AGENCY"), desiring to acquire Real Property in accordance with the state Uniform Relocation Assistance and Real Property Acquisition Act (Ch. 8.26 RCW) and state regulations (Ch. 468 100 WAG) and applicable federal regulations hereby adopts the following procedures to implement the above statues and Washington Administrative Code. The Public Works Department ("Department') of the AGENCY is responsible for the real property acquisition and relocation activities on projects administered by the AGENCY. To fulfill the above requirements, the Department will acquire right of way in accordance with the policies set forth in the Washington State Department of Transportation Right of Way Manual (M 26-01.12) and Local Agency Guidelines manual (M 36-63) ("LAG Manual"). The AGENCY has the following expertise and personnel capabilities to accomplish these functions (see the attached staff Resumes of Right of Way Qualifications) 2. Personnel and Capabilities 2.1. PROGRAM ADMINISTRATION. Deputy Director, Public Works Department/County Engineer 2.2. APPRAISAL. Qualified contractors or WSDOT personnel 2.3. APPRAISAL REVIEW Qualified contractors or WSDOT personnel 2.4. ACQUISITION Right of Way Manager Right of Way Agent Right of Way Technician Qualified contractors or WSDOT personnel 2.5. RELOCATION Right of Way Manager with direct supervision of WSDOT personnel Right of Way Agent with direct supervision of WSDOT personnel Qualified contractors or WSDOT personnel MASON COUNTY Page 1 of 4 REAL PROPERTY ACQUISITION PROCEDURES 2.6. PROPERTY MANAGEMENT Board appointed Property Manager Right of Way Manager Right of Way Agent 3. Any functions for which the AGENCY does not have staff will be contracted for with the Washington Department of Transportation ;WSDOT), another local agency with approved procedures or an outside contractor. If the AGENCY proposes to use outside contractors for any of the above functions, it will work closely with the WSDOT Local Agency Coordinator and Highway and Local Programs to ensure all requirements are met. When the AGENCY proposes to have a staff person negotiate who is not experienced in negotiation for FHWA-funded projects, the Coordinator must be given a reasonable opportunity to review all offers and supporting data before they are presented to property owners. 4. The AGENCY wishes to take advantage of the appraisal waiver process for properties valued at $25,000 or less and will use the following process, which is the process outlined in LAG Manual Appendix 25.5: The AGENCY, desiring to acquire Real Property according to 49 CFR, Part 24.102(n)(3), and State directives and desiring to take advantage of the $25,000 00 appraisal waver process approved by the Federal Highway Administration for Washington State will follow the procedure approved for the Washington State Department of Transportation as follows: 4.1. Rules 4.1.1. The AGENCY may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the PFE (Project Funding Estimate) is $25,000.00 or Tess, including cost -to -cure items. 4.1.2. The AGENCY must make the property owner(s) aware in the offer letter that an appraisal has not been done on the property and is not required for an AOS under $10,000, and that one will be completed, if requested, when the AOS is between $10,001 and $25,000 4.1.3. 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. 4.2. Procedures 4.2.1. An Administrative Offer Summary (AOS) is prepared using data from the PFE. 4.2.2. The AOS is submitted to the Assistant Public Works DirectorlCounty Engineer for approval. MASON COUNTY Page 2 of 4 REAL PROPERTY ACQUISITION PROCEDURES 4.2.3. The Assistant Public Works Director/County Engineer signs the AOS authorizing a first offer to the property owner(s). 5. The following is the AGENCY'S administrative settlement policy specifying the 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: 5.1. Acquisition Negotiator - Just compensation plus up to an additional $5000.00. 5:2. Construction and Engineering Manager - Just compensation plus up to an additional $10,000.00. 5,3. Director, Public Works or Deputy Director Public Works /County Engineer - Just Compensation plus up to an additional $25,000.00. 5.4. Mason County Board of County Commissioners, Chairperson - Just Compensation plus any administrative settlement offer in excess of $25,000.00. 6. Public Works may establish policy that provides for minimum payments for right of way and temporary construction easements ranging from $250.00 to $1000.00 per tax parcel to acquire. The minimum amount to be paid must be uniform for all offers made for a project and established by memorandum signed by the Deputy Director, Public Works Department/County Engineer and placed in the project file. 7. Ail projects shall be available for review by the Federal Highway Administration (FHWA) and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, right of way acquisition and construction stages and for a three-year period following acceptance of the projects by WSDOT. 8, 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. APPROVED: MASON COUNTY APPROVED: WASHINGTON DEPARTMENT OF TRANSPORATION MASON COUNTY Page 3 of 4 REAL PROPERTY ACQUISITION PROCEDURES !s d McIlsa McFadden, P.E. Deputy Director, Public Works Department/ County Engineer (t7aaLoser; Date Dianna Nausley Local Agency Program Manager Date MASON COUNTY Page 4 of 4 REAL PROPERTY ACQUISITION PROCEDURES Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Catherine Bennett Right of Way Experience April, 1998 — October, 2001 October, 2001 November, 2005 November, 2005 - Current February 2006 April 2006 Right of Way Education November 2005 February 2006 March 2006 April 2006 June 2006 September 2006 September 2007 November 2007 July 2010 August 2010 February 2011 May 2011 Survey Technician Grays Harbor Co. Public Works Instrument Tech/ Inspector Mason County Public Works Right of Way Agent Mason County Public Works Became of member of IRWA Became a Notary Public Contract Specification Writing Principles of Real Estate Negotiation Principles of Land Acquisition Legal Principles — Land Surveyor's Assn of WA WSDOT Training, Right of Way Acquisition Requirements for FHWA Funded Projects Northwest Regional Conference in Vancouver Principles of Real Estate Law Law of Easements Introduction to Property Asset Management Real Property/Asset Management Basic Relocation Overview (LTAP Training) Principles of Real Estate Engineering Ethics and the Right of Way Professional April 2013 Certification August 1, 2011 General Education 1972 Community Leadership United Way Member Toastmaster's Joint Right of Way Syrposiutn International Right of Way certificate for Associate Right of Way Professional 1 Year Business at South Sound Community College 2008 through 2011, Board Member 2009 through 2011 2009 through current, President 2012 JOHN WILLLAM KEAIES, CPRP 700 East Road of Tralee Shelton, WA 98584 (360) 427-8384 Home (360) 427-9670 Ext. 669 Work E-Mail: keates3(aimsn coin POSITION OBJECTIVE: Director of Mason County Parks, Facilities and Property QUALIFICATION SUMMARY: Over fwenty-five years of Municipal and County Government work experience; solid leadership skills combined with a strong work ethic, drive, and dete,uimation have produced extraordinary results in multiple positions experience in leading a team in multiple situations; including twenty years as a Department Director. MANAGEMENT SKILLS: • Excellent organizational skills. • Very creative and entrepreneurial. • Management of an annual budgets and capital budgets. • Successful completion of a variety of special projects, including; special events, park development, community task forces, fund raising campaigns. • Successful at forging partnerships and cooperative relationships. • Extensive experience working with elected officials, boards, commissions, citizen volunteer groups, including; City Council, County Commission, Park Board, Human Services Board, Trails Advisory Board, Golf Committee, Aquatics Committee, and the Arts Commission. • Twenty-five years experience marketmg and advertising park and recreation services. • Extensive fund-raising and grant writing experience. • Successful completion of numerous park projects that were finished within allocated budget amounts. The projects varied in scope and cost from $10,000 to $2,000,000. COMMUNICATION SKILLS: • Strong interpersonal and team leadership skills. • Extensive public speaking and presentation experience. • Ability to work effectively across departmental lines • Strong written and oral communication skills. • Proven ability working with varied and diverse community groups. • Excellent working relationship with school districts, businesses, and community groups. LEADERSHIP SKILLS: • Successful completion and adoption of the Enumclaw Parks, Recreation, and Community Services Plan, the Mason County Parks Comprehensive Plan, the Enumclaw Trails Master Plan, the Mason County Regional Trails Plan and numerous park and trail master plans. • Successful applications to Recreation and Conservation Office (RCO) for various Grants. Over 4 million dollars of grant funds secured since 2006 for Mason County from RCO. • Completion of numerous park capital projects within budget. • Ability to lead and motivate staff to achieve departmental goals with minimum resources. • Winner of WRPA Citation of Merit Professional Award, 2011. • Established a Parks Foundation in Chelan, Enumclaw, and Mason County. • Coordinated business planning efforts for City of Chelan Golf Course and RV Park. INDIVLDUAL SKILLS: • Visionary. Successfully developed Enumclaw's first Parks and Recreation Depai lment. • Very dedicated, loyal and a team player, Self-starter, able to work independently. • Very disciplined able to stay on task with work and personal tasks. • Ability to learn quickly and adept to change, Self-starter, and politically savvy. PROFESSIONAL EXPERIENCE: 5/06 to present: Parks, Trails, Facilities and Property Director: Mason County Parks, Trails and Facilities Department, Shelton, WA. Responsibilities include managing the Parks, Trails and Facilities Department. Including twenty-one park sites, approximately 938 acres of park land and open space, and all county facilities, including 17 buildings. Duties include leadership of Park and Trail Planning, Park Maintenance, Administration, Park Development, Park Acquisition, Program Development, Volunteer Program, General Operations and oversight of all County Facilities. Acquired approximately 588 acres of park land and open space from 2006 to present increasing inventory from 350 acres to 938 acres using grants, donations, and gifts. 4/05 to 4/06: Parks and Recreation Business Manager: City of Chelan, Chelan, WA. Department head position directing the Parks and Recreation Department, including: Park Maintenance, Recreational Vehicle Park, Recreation Special Events, Administration, Park Projects, Park Planning, Golf Course, Marina Beautification Program and contracted operations. 3/93 - 4/05 Director, Parks, Recreation, and Cultural Services Department: City of Enumclaw, Enumclaw, WA. Responsibilities include managing the Parks and Cultural Services Department, including: Cemetery, Park Maintenance Recreation, Special Events, Administration Arts Commission, Park Projects, Indoor Pool and Golf Course. . 3/89 - 3/93: Recreation Manager: Metropolitan Park District of Tacoma, Tacoma, WA. Responsibilities included managing the largest Youth Athletic Program in Washington and ORV Safety and Education Program 10/88 - 3/89: Recreation Programs Supervisor: City of Centralia, Centralia, WA. Responsibilities included coordinating the Community Recreation Program. EDUCATION: Bachelor of Arts, Western Washington University, Recreation and Parks Administration. CERTIFICATIONS / MEMBERSHIPS / COVEVIUNITY INVOLVEMENT: • Certified Park and Recreation Professional (CPRP) by the National Recreation and Park Association. • Member and Past President of the Washington State Trails Coalition. • Graduate of National Recreation and Park Association Maintenance Management School • Member of the Washington Recreation and Park Association (WRPA) and the National Recreation and Park Association (NRPA). • Past Secretary/Treasurer for Washington Recreation and Park Association. • Legislative Program Co -Chair for Washington Recreation and Park Association. • Member of Shelton Rotary Club and former member of the Board of Directors. • Board member for Shelton Community Center Association (CCA) REFERENCES• Available upon request. MASON COUNTY Reviewed: OF MASON COUNTY COMMISSIONERS TO: BOARD Ext. 618 Bennett, Right Way Agent FROM: Catherine of Action Item DEPARTMENT: PUBLIC WORKS No. DATE: December 31, 2013 , ITEM: A resolution adopting real property and right of way acquisition procedures and rescinding those found in Mason County Resolution No. 27-11. Background: Mason County is required by the Washington State Department of Transportation (WSDOT) to adopt written procedures that pledge the County to acquire real property and rights of way in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (RCW 8 26), state regulations (WAC 468-100) and applicable federal regulations. The attached document updates and replaces the current, approved procedures found in Mason County Resolution 27-11. A key, updated provision is the waiver of the appraisal requirement for offers $10,000 or Tess. Upon adoption, the new procedures will be submitted to WSDOT for approval. Recommended Action: Move that the Board of County Commissioners approve the attached resolution adopting the updated procedures and rescind those found in Resolution 27-11. Attachment: Resolution adopting updated procedures and Exhibit A, Real Property Acquisition Procedures for Public Works Projects