Title
THE WICHITA AREA METROPOLITAN PLANNING ORGANIZATION REDESIGNATION AGREEMENT FOR COOPERATIVE TRANSPORTATION PLANNING, 2013; AND A FISCAL AGREEMENT FOR THE OPERATION OF THE WICHITA AREA METROPOLITAN PLANNING ORGANIZATION.
Presented by: John L. Schlegel, Director of Planning.
RECOMMENDED ACTION: It is recommended that the Board of County Commissioners approve the Wichita Area Metropolitan Planning Organization Redesignation Agreement for Cooperative Transportation Planning, 2013, and the Fiscal Agreement for the Operation of the Wichita Area Metropolitan Planning Organization and authorize the necessary signatures.
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Background: These two agreements are closely interrelated and should be reviewed and acted upon together.
The Wichita Area Metropolitan Planning Organization (WAMPO) serves the regional transportation planning needs of the greater Wichita metropolitan area. Its area covers all of Sedgwick County and portions of Butler and Sumner Counties. Its existence and proper functioning allows jurisdictions within that area to apply for certain federal transportation funding programs that would not otherwise be available to them. As a Metropolitan Planning Organization (MPO) it is allocated funding for those programs, which it in turn allocates to local jurisdictions for projects that support the regional transportation system. WAMPO's operating budget is paid primarily from federal transportation planning funds which are distributed through a Consolidated Planning Grant it receives each year. A local funding match of 20 percent is required.
In 2007 the Kansas Department of Transportation (KDOT), the City of Wichita, and Sedgwick County approved the current WAMPO Redesignation Agreement, which serves as WAMPO's charter. That agreement established the composition of the existing Transportation Policy Body (WAMPO's governing body), how its local match would be met, and how WAMPO would be staffed.
Since that time, the Federal Highway Administration (FHWA) and KDOT revised the requirement for meeting WAMPO's local match. Historically, these oversight agencies allowed WAMPO to meet its local match requirement through a variety of means. In 2011, they gave notice to WAMPO that in the future only cash contributions from member jurisdictions would be acceptable, and gave WAMPO a grace period in which to arrange for this new method of financing the local match.
As a result, WAMPO staff worked with Managers and Administrators from its member jurisdictions to develop a means by which this mandate could be met. While all member jurisdictions were invited to the meetings, not all chose to participate. Following many months of intensive negotiations, a method was agreed upon by those who did attend, as provided for in these two agreements.
Analysis: A number of key elements to the agreements should be highlighted:
1) WAMPO's share of its operations budget, which includes its 20 percent local match, will come from a percentage-based fee charged against federal-aid projects programmed in its Transportation Improvement Program (TIP) and from an annual assessment paid by each member in good standing;
2) Only jurisdictions that contribute to the operational expenses of WAMPO will be able to have federal-aid transportation projects programmed in the TIP;
3) Those municipalities over 2,000 in population that contribute financially will have voting privileges on the Transportation Policy Body (TPB);
4) Jurisdictions with less than 2,000 people will be represented by the Sedgwick County Association of Cities; and
5) A weighted vote provision has been included which can be called for by one TPB voting representative from three different jurisdictions on matters related to annual budget, staffing and other resource management issues.
The percentage-based fee for the 2014 TIP is projected to be one percent of the federal dollars allocated to a project. It will be charged against all projects listed in the TIP with the exception of KDOT projects, FTA-funded projects (such as Wichita Transit and paratransit providers) and projects of less than $100,000 in federal funds. This fee will be collected from the participating jurisdictions prior to their projects being approved for the next year's TIP, which will usually be in August. The percentage-based fee is expected to provide the bulk of WAMPO's share of its operationing budget.
The annual assessment of each member jurisdiction will be based on a three-tiered system, with the City of Wichita and Sedgwick County each paying 40 percent of the assessments and the remaining participating jurisdictions paying 20 percent, based on their populations. Because WAMPO's budget is usually not set until November of each year, and the participating jurisdictions must have their respective budget set by August, WAMPO will provide annually five-year projections of what assessments will be needed by jurisdictions. The assessments will likely change from year-to-year but the projections should, for budgeting purposes, approximate each jurisdiction's likely assessment. These assessments will be levied each January.
The voting membership of the new TPB will consist of:
* Four City of Wichita elected officials or their designated alternates, as appointed by the Wichita City Council;
* Four Sedgwick County elected officials or their designated alternates, as appointed by the Sedgwick County Board of County Commissioners;
* Two KDOT representatives appointed by the Kansas Secretary of Transportation;
* One Sedgwick County Association of Cities elected official or designated alternate representing jurisdictions in "good standing" under 2,000 population; and
* One elected official or designated alternate each for all jurisdictions in "good standing" over 2,000 population.
On the date of submittal of this report the following jurisdictions have adopted these agreements: Andale, Andover, Bel Aire, Butler County, Cheney, Derby, Goddard, Haysville, Kechi, Mulvane, Park City, Rose Hill and Valley Center.
The City of Wichita City Council is schedule to review these agreements at its meeting on June 11, 2013. Approval of the Redesignation Agreement by the City of Wichita is essential for it to take effect. Federal guidelines on the designation of MPOs require the approval of the metro area's central city and approval by jurisdictions representing at least 75 percent of the population of the MPO's planning area. The Fiscal Agreement is critical to the implementation of the Redesignation Agreement because it provides the funding mechanism for the successful operation of WAMPO. Two separate agreements are necessary because KDOT does not wish to be a party to the Fiscal Agreement but is a necessary signatory to the Redesignation Agreement.
Alternatives:
1. Approve the Wichita Area Metropolitan Planning Organization Redesignation Agreement for Cooperative Transportation Planning, 2013, and the Fiscal Agreement for the Operation of the Wichita Area Metropolitan Planning Organization and authorize the necessary signatures.
2. Deny the request to approve the agreements, choosing not participate in the Wichita Area Metropolitan Planning Organization.
Financial Considerations: By approving these agreements the Board of County Commissioners is committing the County to the following:
1. Payment of a local assessment equal to 40 percent of the cost of WAMPO's annual local match. Based on WAMPO's projected cost of the 2014 local match, Sedgwick County's assessment is expected to be $20,000 and payment is to be remitted by January 31, 2014. If the BoCC approves the fiscal agreement, funding for Sedgwick County's assessment will be allocated to Public Works through the 2014 budget process.
2. Payment of an application fee equal to one percent of the total federal participation of each Sedgwick County project included in the first year of the annual Transportation Improvement Plan. Funding for the TIP application fee will be included in the Sedgwick County Capital Improvement Program.
Legal Considerations: Approved as to form and signed by County Counselor's Office.
Policy Considerations: Not applicable.
Outside Attendees: None
Multimedia Presentation: PowerPoint