Final Action Hearing RCW 8.25.290 Resolution No. 1159 - - PowerPoint PPT Presentation

Board of Directors Meeting | September 12, 2017

Final Action Hearing – RCW 8.25.290

Resolution No. 1159 – Authorization to acquire property by eminent domain

Board of Directors Meeting | September 12, 2017

Final Action Hearing – RCW 8.25.290 Strategic links

• KPO 4.1.a - Long-term planning in finances, staffing,

technology, and facilities are intentionally and systematically driven by student enrollment, learning measures and strategic priorities.

Objectives

• Conduct a hearing to receive evidence and decide whether

the board should take final action to select and authorize acquisition of real property by eminent domain

Board of Directors Meeting | September 12, 2017

Final Action Hearing – RCW 8.25.290 Final Action Hearing Procedural Order

• Presentation by staff and counsel
• Motion to adopt Resolution 1159
• Open hearing
• Public testimony
• Close hearing
• Board discussion
• Executive session if necessary
• Board action on Resolution 1159

Board of Directors Meeting | September 12, 2017

We’re Growing!

19,732 on

• Oct. 1, 2016

Enrollment increase of more than

1,100

students over last decade

Board of Directors Meeting | September 12, 2017

Growing and Changing Fastest growing district in Snohomish County

Board of Directors Meeting | September 12, 2017

Enrollment Outlook

Projection 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 District-wide 19,732 19,965 20,167 20,309 20,567 20,865 20,976 21,145 21,229 21,254 21,406 Actual

2016-2026

19,500 20,000 20,500 21,000 21,500

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

Board of Directors Meeting | September 12, 2017

Enrollment Outlook

9,714 9,960

9,400 9,600 9,800 10,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

Enrollment

EPS Elementary School Projections

5,056 4,855

4,300 4,500 4,700 4,900 5,100 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

Enrollment

EPS Middle School Enrollment Projections

6,627 6,440

5,500 5,700 5,900 6,100 6,300 6,500 6,700 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

Enrollment

EPS High School Enrollment Projections

Board of Directors Meeting | September 12, 2017

Changes expected between 2016 and 2026 Enrollment Outlook

Level Projected changes Elementary Schools

• 13 of 18 schools will be over

permanent building capacity

• 81 portable classrooms will be needed

Middle Schools

• 3 of 5 schools continue to be over

permanent building capacity

• 26 portable classrooms will be needed

High Schools

• 2 of 3 comprehensive high schools

will be over permanent building capacity

• 38 portable classrooms will be needed

(30 at JHS, 8 at CHS)

Board of Directors Meeting | September 12, 2017

High School Enrollment A new high school is needed in the south end

• Cascade High School was built when Everett High School’s

enrollment reached 2,353

• Jackson High School was built when Cascade High School’s

enrollment reached 2,328

• By 2023, Jackson High School’s enrollment is projected to

reach 2,462

Board of Directors Meeting | September 12, 2017

School Boundaries in South End

Board of Directors Meeting | September 12, 2017

Property Map

Board of Directors Meeting | September 12, 2017

Preliminary Site Plans

ES #18 and Comprehensive HS #4

Board of Directors Meeting | September 12, 2017

Negotiation Process Initial meeting with property owners

• February 2015 – property owners contacted the district and

asked if the district wanted to purchase their properties

• April 2015 – meeting with owners at Cedar Wood ES,

district provided copies of standard purchase and sale agreement, discussed district’s need for property, general timing, prices needed to be based on current zoning

Site studies/reports

• Right of Entry agreements signed May 2015, followed by

site inspections and site planning

• Preliminary commitments for title insurance
• Fair market property appraisals in 2015, updated March

2017

Board of Directors Meeting | September 12, 2017

Negotiation Process Offers to purchase properties

• Original offers by the district were based on fair market

value appraisals in 2015

• Owners urged to obtain their own appraisals
• Two negotiations (four parcels) were successful, three

negotiations (four remaining parcels) were not

• District’s offers were adjusted upward when appraised

valuations were updated in 2017

Current status

• Some owners are working on obtaining their own

appraisals and/or engaging attorneys

• Some discussions have taken place about possible

changes to specific terms and conditions

Board of Directors Meeting | September 12, 2017

Negotiation Process Property information

ID Parcel Numbers Site Addresses Size Owners 1 270509-004-007-00 XXXX- 174th Street SE, Bothell, WA 98012 2.62 Leo & Marla Gese 270509-004-022-00 4320 174th Street SE, Bothell, WA 98012 1.21 Leo & Marla Gese 2 270509-004-009-00 4430 174th Street SE, Bothell, WA 98012 1.03 Scott Rampton 3 270509-004-020-00; 270509-004-020-02 4428 174th Street SE, Bothell, WA 98012 1.88 Bruce and Bryon Gutschmidt Total Acreage 6.74

Board of Directors Meeting | September 12, 2017

Negotiation Process Proposed purchase prices

ID Appraised values Amounts offered Size1 Owners 1 $654,900 $664,900 3.83 Leo & Marla Gese 2 $395,300 $405,3002 1.03 Scott Rampton 3 $375,0003 $385,000 1.88 Bruce and Bryon Gutschmidt

1Size is in acres 2Assessed value recently increased by Snohomish County Assessor’s office to $435,100 3Appraised value of $375,000 was provided by owner’s appraiser; district’s appraisal

provided value of $328,040

Board of Directors Meeting | September 12, 2017

Attorney Comments Eminent domain process

• Board holds hearing under RCW 8.25.290 to select lands

and authorize eminent domain proceedings

• District files petition in Snohomish County Superior Court

to acquire the properties

Public use and necessity hearing

• Court decides whether the action is for a public use and

purpose

• Court decides whether the property is necessary for that

public use and purpose, although the board’s selection of lands as necessary is typically granted deference by the court

Board of Directors Meeting | September 12, 2017

Attorney Comments Just compensation trial

• Judge or jury decides the amount of just compensation

Purchase price

• The school district’s purchase of these properties is

constrained by constitutional and statutory requirements, including the prohibition on gifts of public funds

• Purchase price negotiations are guided by appraisal
• If property owners dispute a school district’s appraisal, they

may present their own, and their “owner opinion” of value

• Absent pretrial settlement, a judge or jury determines full,

fair, and just compensation

Board of Directors Meeting | September 12, 2017

Attorney Comments Opt out of relocation assistance

• When federal funds are used for an acquisition, the agency

utilizing eminent domain is obligated to provide relocation assistance to the sellers (Chapter 8.26 RCW)

• The district is not using federal funds to acquire these

properties, and so may opt out of the relocation provisions

• Resolution 1159 includes a determination by the board to
• pt out of relocation assistance for these acquisitions

Board of Directors Meeting | September 12, 2017

Final Action Hearing – RCW 8.25.290 Final Action Hearing Procedural Order

• Presentation by staff and counsel
• Motion to adopt Resolution 1159
• Open hearing
• Public testimony
• Close hearing
• Board discussion
• Executive session if necessary
• Board action on Resolution 1159