PORT LUDLOW VILLAGE COUNCIL

General Meeting Minutes

March 1, 2007

The meeting was convened at 3:00 p.m.  Present: Bill Browne, Gene Carmody, Don Clarke, Tony Durham, Suzanne Graber, Mea Graham, Lani McCarry, Tom McCay, Larry Nobles, and Terry O’Brien. 

(Absent: Adele Govert, Allan Panasuk, Frank Siler).

L. Nobles called the meeting to order at 3:05 and ensured that there was a quorum. Approximately 30 persons were in attendance.

Comment/questions from the floor:    none

Prior meeting minutes:

MSP to postpone approval of the minutes of the February 1^st, 2007 General Meeting until the legal effect of the draft minutes has been determined as per legal advice. (6 ayes, 1 nay)

S. Graber referred to Roberts’ Rules of Order 10^th Edition in dealing with minutes and reports citing the following:

p.457 ”A draft of the minutes of the preceding meeting can be sent to all members in advance, usually with the notice. In such a case, it is presumed that the members have used this opportunity to review them, and they are not read unless this is requested. Correction of them and approval, however, is handled in the usual way. It must be understood in such a case that the formal copy placed in the minute book contains all corrections that were made and that none of the any copies circulated to members and marked by them is authoritative.”

p.344 “The practice of sending to all members advance copies of the minutes as drafted by the secretary has both advantages and disadvantages. It is natural for the members to prefer to study the minutes beforehand to be better prepared to offer corrections; and this procedure generally saves time when the minutes come up for approval. On the other hand, the minutes do not becomes the minutes and assume their essential status as the official record of the proceedings of the society until they have been approved; and before this happens, the secretary’s draft may be materially modified in the correction process…Only the secretary’s corrected copy or the retyping of it is official in such a case.”

L. Nobles suggested this be placed on the agenda for the next workshop or be deferred to Old Business later in this meeting.

Community Reports:

            Port Ludlow Chamber of Commerce – Dr. Jerry Brady, President –since the Chamber was not able to hold a meeting yesterday due to weather, Dr. Brady will report at next month’s meeting.

Jefferson County Administrator - John Fischbach reported on five areas: the Critical Areas update to the Jefferson County Code, the Shoreline Master Program (SMP), the Hearing Examiner’s approval for resort buildout and Marina expansion, new appointee David Wayne Johnson as new lead planner for Port Ludlow, and the bid for Paradise Bay road lights

 (See Appendix 1 for the full report)

L. Nobles stated how pleased he was to be allowed to participate in the interview process for the job of lead planner. He mentioned that with regards to the light situation that there are outlets at the base of the light standards which could possibly allow for Christmas decorations, and inquired if there could be a possible retro-fit to the poles for banners and flowers. A big thank you to the Public Works, the Chamber of Commerce, and the PLVC with their suggestions and efforts. Tony Durham asked about the status of the Examiner’s 2/7/07 Port Ludlow Build-Out decision.  Interested parties have not responded. The deadline for these responses is March 6, 2007.

PLA - Diana Smeland, President indicated that the first model has been started in Olympic Terrace II; application and bond are into the County for final approval. In the Ludlow Bay Village issue, a motion for reconsideration has been made. In the log dump area, a land planning process has started (maximum allowed is 58 single family homes).Project manager Mark Dorsey has accepted a full-time position and Miriam Villard will take over as project manager. She has worked with PLA for almost 4 years. 

Mr. Randy Verrue, present in the audience, responded to questions about PLA’s long range plans for the Utility Company, the duration of time to complete build out, and leases held in the village center. PLA intends to keep the residents fully informed of any ownership changes of the Olympic Water and Sewer Utility He indicated that; later this year more information will be forthcoming on the South Bay build out plans, model sizes and the proposed density in all sites. At this time he projects it to take 7 years to complete of entire build out, that the Village Store lease runs through 2013, that there are some lots in North Bay and Ludlow Bay Village where some construction will take place, and that in the future once population density merits it, there might be development of more commercial property.

Fire District #3 – Chief Wilkerson thanked all who voted to support the fire and EMT levies.

Treasurer’s Report:

Lani McCarry thanked John Cragoe for assisting in this area.

MSP to accept the Treasurer’s reports.  (See Appendix 2 for the monthly and year-to-date financials)

Committee Reports:

Communications – Jack McKay will act as Chair and has members and ideas ready to move forward.

Community Development – T.McCay gave a report of this committee’s February 14 meeting.   (See Appendix 3)

Finance –John Cragoe – no report, but is preparing to give an actuals versus budgeted report at next month’s meeting.

Friday Market – no report.

Fun Fest – Neil and Lia Robinson will act as co-chairs.

Tentative date set: September 14-15-16 has been cleared with the Marina staff.

Natural Resources/Trails – Larry Scott- reviewed the work of this committee for the past month, acknowledging his legion of volunteers, and giving thanks to PLA and ORM for assisting in creating a ditch along the Timberton Loop to accommodate the work of the beavers there, for their help with trailers of chips, for the help forthcoming from the fire department on the Beaver dam lookout, for the LMC green belt committee members who assisted with the fallen trees. He is hoping that on October 5 to host a Trails Appreciation Day at the Beach Club for all those who give of their time on any given Tuesday, Thursday or Saturday when he calls out for volunteers. L.Nobles, on behalf of the PLVC, complimented Larry Scott and his committee for the excellent work that they have done to make the Interpretative Trail such a pleasurable and safe walk.

He also submitted a letter from the SBCA thanking the Trails people for their work.

Phone Directory – Dave Armitage stated that yellow page sales are almost complete with gross sales of $12,000 approx. Other monies will come from selling inserts. Within 2 -3 weeks, they will be ready to go to press with an estimated date of April 15 for delivery.

Public Safety/Emergency Preparedness – no report

Recycling – no report

Utilities - In Walt Cairn’s absence, Larry Smith of OWS mentioned the tour of the waste treatment facilities, the pump stations, and the wells taken by members of this committee. L.Nobles was impressed with the cleanliness, the architecture and the good work done by the crew. Larry Smith also informed those present that there are portable generators that are used and some small onsite generators that have come into play with power outages such as we have had with winter. The dollars right now are being spent on the arsenic compliance issue, but it is hoped that the manganese problem may be resolved after that.

Correspondence:

 B. Browne reported one letter dated Feb 28, 2007 was received from a law firm representing Les Powers expressing concerns re the February Draft minutes of the February General Meeting of the PLVC. Since this was so recently received, the Board has had no time to respond.

L. Nobles reported an email from Lani McCarry – a letter of resignation effective on the day of the sale closure of their Port Ludlow home.  L. Nobles noted that an appointment of a replacement must be made from amongst North Bay residents and asked the council members for suggestions.

S.Graber entered an email received from Loomis to council members McCarry/Govert/Browne that was published on a County site.

S.Graber submitted another email to Larry Nobles and all council members dated February 16

concerning PLVC taking action.

Old business:

Given the constant threats of litigation and their chilling effect on what the PLVC is trying to do, it was felt that some action needed to be taken.

MSP that at this time the draft minutes of the PLVC General Meeting beginning with this meeting only be circulated to Board members with the agenda for the following meeting, and not be posted on the website until approved at a General Meeting.  (all ayes)

New Business

Consideration of the Hearing Examiner's report on the Resort Core was brought up.

MSP to postpone any action relating to that report indefinitely or until a legal opinion is rendered in response to the threat of litigation against the PLVC.

Comments from the floor:

Some residents stated that minutes are important and need to be published; that they should reflect the business of the board and note the decisions made. The minutes should reflect where the PLVC stands on issues.

It was determined that in the December General meeting L. Nobles had received the authority to seek legal advice and he has decided today to move forward on that topic.

Announcements

            March Workshop meeting –Tuesday, March 20, 2007 3:00 PM Bay Club

            Next General Meeting - Thursday, April 5, 2007 3:00 PM Bay Club

                                                Guest speakers:

Olympic Property Group – President Jon Rose

Puget Sound Energy – Planning and Operations Team

 Adjournment:

         The March General meeting was adjourned at 4:40 p.m.

Respectfully,                                                                

Bill Browne                    Mea Graham

PLVC Secretary            Recording Secretary

APPENDIX

Appendix 1: John Fischbach – Jefferson County Administrator

1. The Critical Areas update to the Jefferson County Code title 18 is currently before the Planning Commission. The Planning Commission established a committee to work on this issue with numerous stakeholders. The committee work is now coming to a close and the DCD long range planning staff and the Planning Commission will begin to discuss the committee work in April and May, with a public hearing before the Planning Commission during the summer with a BOCC public hearing and a BOCC legislative decision on this matter anticipated for October of 2007.

The code would change critical area review on permit application for NON-PLA owned properties. PLA proposals are still subject to the critical areas ordinance per the development agreement.

2. The Shoreline master program (SMP) update is being drafted and will the subject of a public meeting at the Beach Club on March 13 with planning staff from DCD. The SMP update will amend JCC title 18 and will impact Port Ludlow properties through permit applications. The PLA owned properties are not subject to this update in view of the development agreement.
3. The Hearing Examiner issued an approval for the Resort Build-Out and Marian Expansion Project on February 7, 2007. This decision includes approval of the major resort plan revision, a shoreline substantial development permit for the marina expansion and upland redevelopment and a boundary line adjustment.
4. 4. DCD has a new lead planner for Port Ludlow. His name is David Wayne Johnson. David is a current Associate Planner in the Development Review Division off DCD and has been employed by Jefferson County for the last s3 years. David completed his Bachelor’s of Arts Degree in the Humanities from Fort Lewis College in Durango, Colorado. Please contact David Wayne for any land issues in Port Ludlow. Phone DCD at 379-4450.
5. Bid for Paradise Bay Road lights: $79,265.00 by Olympic Electric Co. of Port Angeles is the only bid received thus far. County engineers have estimated $91,090.73. BOCC will consider this bid at the next meeting on March 12. The project is scheduled to be completed this summer.

Appendix 2   Treasurer’s reports

Appendix 3 Community Development Committee

DRAFT MINUTES CDC MEETING 2/14/07

A meeting of the Community Development Committee of the Port Ludlow Village Council was held at the Bay Club on Wednesday, February 14, 2007, at 9:30 A.M.  Those present were: Jim Brannaman, Don Clark, Barclay Hampton, Howard Slack, Mary Stuart, Sue Ryan, Larry Nobles and Tom McCay.  Absent were: Doug Herring, Bruce Schmitz and John VanZonneveld.  Diane Smeland, President of Port Ludlow Associates, attended as a guest and to assist in answering questions.

The purpose of the meeting was to review and comment upon the report of Hearing Examiner Irving Berteig regarding the Port Ludlow Build-Out and Marina Expansion Project.

The Committee reviewed each page from page 1 through page 43 in line by line detail.  There was considerable discussion and a number of questions.  Jim Brannaman questioned the adequacy of parking, but was subsequently satisfied that proper allowances are being made.

It was pointed out that an omission exists on page 5 item 6 and page 31 subhead (e) in which Heron Road and Widgeon are not included in the statement.  This omission has been brought to the attention of the Developer and to the Jeffco Department of Community Development.

The discussion lasted for almost 2-1/2 hours as each section was analyzed thoroughly.

After the report had been completely reviewed the Chair asked for a recommendation to be made to the PLVC Board of either support for or denial of the report.  Howard Slack moved that we recommend support with the proviso that all conditions defined in the document be emphasized and complied with.  Sue Ryan seconded the motion.  It was put to a vote and the vote was unanimously in favor, with no abstentions or dissenting votes.  Neither Larry Nobles nor the Chair voted.

It was agreed among the Committee that the CDC will monitor compliance once construction begins.

There being no further business the meeting was adjourned at 11:57 A.M.

Tom McCay, Chair