HomeMy WebLinkAboutM040113District No. 1 Commissioner: Phil Johnson
District No. 2 Commissioner: David W. Sullivan
District No. 3 Commissioner: John Austin
County Administrator: Philip Morley
Clerk of the Board: Erin Lundgren
MINUTES
Week of April 1, 2013
Chairman John Austin called the meeting to order at the appointed time in the presence of
Commissioner David Sullivan and Commissioner Phil Johnson.
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
citizens in attendance at the meeting and reflect their personal opinions:
Two citizens urged the Board to consider using local banking institutions as an alternative to
banking with Bank of America;
A citizen commented on the U.S. being a target of North Korea, violence against public officials,
and the possibility of growing industrial grade hemp to make paper; and
A citizen stated he is still waiting for a reply from the County Administrator about a
department's response to a public records request. (County Administrator Philip Morley
responded that he is researching the issue)
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Sullivan moved to approve all the items on the Consent Agenda as presented. Commissioner Johnson
seconded the motion which carried by a unanimous vote.
1. AGREEMENT re: Designation of the Official County Newspaper of Public Record for
Legal Notices; In the Amount of $7.75 per Column Inch; Port Townsend/Jefferson
County Leader
2. AGREEMENT re: Health Officer Services; In the Amount of $165,152 per year;
Jefferson County Public Health; Thomas H. Locke, MD, MPH
3. AGREEMENT, Amendment No. 1 re: Supporting Healthy Communities; Language
Change Only; Jefferson County Public Health; Whatcom County Health Department
4. AGREEMENT re: Support/Expansion of Natural Resources Senior Culminating
Projects to Quillayute Valley School for NPC MRC; In the Amount of $1,122; Jefferson
County Public Health; Port Angeles School District
5. AGREEMENT, Amendment No. 7 re: 2012 -2014 Consolidated Contract; Additional
Amount of $98,911 for a Total of $939,274; Jefferson County Public Health; Washington
State Department of Health
6. AGREEMENT re: Alder Creek Tributary Culvert Replacement, Upper Hoh Road MP
2.15, County Project No. X01781, Federal Aid Project No. ER- 0801(025); Contractor's
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Commissioners Meeting Minutes: April 1, 2013
Bid Amount is $498,801.60; Jefferson County Public Works; Seton Construction
7. AGREEMENT re: Port Hadlock Wastewater Facility, Special Benefit Analysis for LID
Formation; In the Amount of $151,742; Jefferson County Public Works; Macaulay &
Associates LTD
8. AGREEMENT re: Queets Bridge Painting, County Road No. 107508, CR1881, M.P.
0.60 to M.P. 0.76 BHOS- 16WA(001); In the Amount of $186,237.33; Jefferson County
Public Works; Exeltech Consulting, Inc.
9. AGREEMENT re: Terminate Rural Arterial Program (RAP) Grant 1607 -1 South
Discovery Road, MP 3.62 -4.00; Jefferson County Public Works; County Road
Administration Board (CRAB)
10. Advisory Board Reappointment re: Olympic Area Agency on Aging (03A) Advisory
Board; Three (3) Year Term Expires February 29, 2016; Joan E. Williams
11. Advisory Board Appointment re: Jefferson County Rural Library District Advisory
Board; Five (5) Year Term Expires April 1, 2018; Dr. Sylvia White
12. Payment of Jefferson County Vouchers/Warrants Dated March 25, 2013 Totaling
$268,683.87
COMMISSIONERS BRIEFING SESSION. The Commissioners each provided
updates on the following items:
Chairman Austin
- Spoke with representatives from the State Department of Natural Resources regarding the status of
Beausite Lake property transfer
- Took an Incident Command course online for managing a crisis in an emergency
- Will be attending a Port Ludlow Village Council meeting to discuss the possibility of a Metropolitan
Park District
- Stated the Board will be holding an "On The Road" Community Input Meeting on Thursday at the
Tri Area Community Center
Commissioner Sullivan
- Participated in tours of Taylor Shellfish in Quilcene and the Battelle Marine Science Lab in Sequim
- Attended the Change of Command ceremony at Indian Island Naval Magazine and spoke with the
new Commander expressing appreciation for the cooperation on emergency management and
economic development issues
- Noted that effective today, Jefferson County Public Utility District (PUD) No. 1 has taken over
providing electricity in the area from Puget Sound Energy (PSE)
- Will attend an Olympic Community Action Programs (OlyCAP) meeting this week. A new
management team is in place and the agency is doing well
Commissioner Johnson
- Will be going to Olympia to attend a Legislative Steering Committee (LSC) meeting this week and
an Olympic Region Clean Air Agency meeting next week
- Will be going to Kalaloch in the West end of Jefferson County next week to discuss the Whale Trail
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Commissioners Meeting Minutes: April 1, 2013
The meeting was recessed at 9:35 a.m. and reconvened at 9:58 a.m. with all three
Commissioners present.
HEARING re: Proposed Amendment to the Port Ludlow Development Agreement
ZON12- 00061, MLA12 -00260 to Extend the Expiration Date: Associate Planner David Wayne
Johnson explained that the County received a request from Port Ludlow Associates (PLA) and Olympic
Water and Sewer, Inc. (OWSI) to amend the Port Ludlow Development Agreement and the
Memorandum of Understanding with Jefferson County to extend the term from May 8, 2020 to May 8,
2025. The amendment also includes a provision to extend preliminary plat approval from the current
seven years, to ten years.
Associate Planner David Johnson indicated that his staff report included public comments his office
received, and that two primary issues were identified relating to contamination due to underground
storage tanks and adequate water rights. These issues are governed by the State Department of Ecology
and State Department of Health. Staff has not yet contacted the State regarding the status of the issues,
but intends to. Associate Planner Johnson would like to schedule a follow up meeting with the Board of
County Commissioners at a future date and stated the hearing today is to take public testimony. He will
answer questions brought up during the hearing, in his next staff report.
Commissioner Sullivan mentioned he is interested in hearing the status from the State Department of
Ecology and State Department of Health. He asked Associate Planner Johnson about his statement
regarding the development agreement and if this hearing is an appropriate mechanism for dealing with
those issues? Associate Planner Johnson clarified that the Development Agreement amendment is for
the build out and does not pertain to some of the issues the community has expressed concerns about.
It was pointed out by Chairman Amin that citizens were inquiring about the appropriate gallons per day.
Associate Planner Johnson advised that 200 gallons per day was used as a benchmark to determine the
MERU count, not the daily requirement. He noted that Larry Smith from OWSI could elaborate on this
topic. It was decided by the Board that Mr. Smith of OWSI would have a chance to speak during the
public comment period.
Chairman Austin opened the hearing for public testimony.
Tony Durham: Stated he is the Vice President of the Port Ludlow Village Council (PLVC) and has
resided in Port Ludlow for nearly 19 years. At the general meeting on the 7`h of March, PLA, requested
PLVC support the five year extension of the Development Agreement. The PLVC held a special
meeting on the 14`h of March to consider that request. At that meeting, there was extensive discussion
back and forth over about a two hour period. Almost without exception, everybody recognized that the
economy from roughly 2007 - 2008 had been weak and not sufficient to support the level of demand
necessary to complete build out by the originally planned 2020 date. There was wide agreement that the
extension request was reasonable and deserved community support. The council approved preparation
and transmittal of a letter of support for the extension request. The council also required that the support
letter include two specific and related issues and concerns that the County was urged to address as an
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Commissioners Meeting Minutes: April 1, 2013
intrical part of the extension review and approval process. Those two issues are those that David
Johnson has already referred to. The adequacy of water rights is the first. Those rights need to be at
levels consistent with projected needs. As construction and population approach and reach build out,
levels need to be assured. I believe the currently approved supply is 550 acre feet. We believe the build
out estimated need is in the region of 580. So you need approximately 38 feet of additional supply,
which is about a 5 or 6 percent increase. Not a huge increase, but it's not trivial. The important part is
that the availability needs to be assured. There has been a little bit of confusion raised lately because
additional information from OWSI indicates 550 acre feed may be sufficient for build out needs, but that
is not settled. Important to note, is that in the early years the population of Port Ludlow was primarily
retirees and vacationers, many of them absent for several months of the year. Hence low household
water usage of about 200 gallons a day. There is recent data of more year round residents and changing
demographics.
Larry Smith, OWSI Representative: Clarified that the 200 gallons per day figure that Associate Planner
Johnson mentioned earlier, was used during the development of what is called measurement ERU's. We
were searching for a way to equate commercial equivalence to residential, so we came up with that. The
200 gallons per day specifically is from the Department of Ecology criteria for sewage works design
which assigns 100 gallons a day per person, as a figure for engineers to use when developing pump
stations, pipelines, water treatment plants etcetera. So that number was used as a reliable indicator for
commercial MERU's. As far as water rights, I know that Associate Planner Johnson will be seeking
input from both the Department of Health and Department of Ecology. To provide some background,
our water system plan, which estimates that at build out 550 acre feet of water be required, is based on
185 gallons per day per connection. That is the conversion we used based on historical use records. For
comparison, we feel that is a conservative number. Just to give you comparisons, the current actual use
for residential customers on annual average is around 135 gallons per day per connection. That has been
consistent for the last 3 years. Certainly the last 3 years have been cooler than some years before that,
but we have to look at averages and long term trends when we are trying to analyze and make sure we
have adequate water. To date, we have not seen anything to alter those numbers, however, our water
system plan is due for an update this year, so we will be revisiting all of those numbers. We have not
seen any variations from our historical figures. Any questions? County Administrator Morley asked if
there were years where they have exceeded the 135 gallons per day? Mr. Smith replied it had and when
asked by County Administrator Morley how high it has gone, Mr. Smith stated he did not have those
figures with him, but stated that the 185 gallons per day was from the current water system plan that was
approved in 2007 and that it took into account some of those higher year usages.
Tony Simpson: Stated he is a resident of Port Ludlow and commented that he had previously sent the
Board emails regarding his testimony. Basically, we are comfortable that there should be an extension to
the agreement. We feel that we are only hearing one handed clapping here and that we really ought to
have an independent evaluation made of some of the key issues. The Board of Commissioners has an
obligation of due diligence on something like this and it was specifically written into the Development
Agreement that you have that authority. It's very difficult to bring up these issues at any time. This is the
mid -point of the Development Agreement and it is up for extension. It is relatively simple to do a due
diligence of the issues. To go past this point, it would be very hard for you to do due diligence at some
later date so I urge that you exercise your authority to have an independent due diligence investigation.
It should not be very major, it should be reasonably quick. If not done now, we lose the opportunity to
have it. The due diligence can look at two things that have not been raised much, which is the
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Commissioners Meeting Minutes: April 1, 2013
anticipated demographic changes that may occur, probably will occur, and try and get some handle on
what they look like, because of course they will affect the demand side of the equation. Even though the
supply side appears to be satisfied, is the demand side satisfied? And secondly, on contamination, that is
always a difficult issue to raise. I know that the MTBE, which is a contaminant in half the world and
found around half the contaminated sites in Washington state, was not essayed as far I can tell, by the
LE, and that is among the things that really should be checked for due diligence. Chairman Austin asked
for clarification of MTBE. Mr. Simpson elaborated that it stood for Methyl Tertiary Butyl Ether and it
used to be widely used as an anti -knock agent in gasoline as an additive and is believed to be the cure
for air pollution. In some areas, its use was mandated. Currently, it is found to be a disgusting smelling
and tasting substance. Its harmful effects biologically are not fully evaluated, but people won't drink it.
Chairman Austin stated Associate Planner David Johnson made a comment that the DCD makes a
determination when there is a site plan or when there is a build out of whether there is adequate water.
He could see a Port Ludlow resident having concerns toward the end of a build out that there may not be
enough to build, hence the value of their lot would be diminished. What guarantee do property owners
have that they will be able to make full use of their private property? Associate Planner Johnson
answered that short of a building permit, where they determine there is portable water, he is not sure.
Chairman Austin added that he desires a legal response to this question on behalf of the Port Ludlow
residents so they can ensure their property is going to retain its full value as a residential site. Deputy
Prosecuting Attorney David Alvarez affirmed what Associate Planner Johnson stated earlier, that it
appears the best way to guarantee water rights, is to apply for a building permit.
Planning Manager Stacie Hoskins stated that at the subdivision level, DCD is assured that property
owners have water rights for the proposed subdivision. She mentioned that they were not close to doing
the building permits and the MERU count for the total build out is a planning cap, but the water system
needs to be maintained so that the utility is available for the build out. She also advised against having
the build out being completed too soon, prior to its use.
Hearing no further public testimony, Chairman Austin closed the hearing.
Commissioner Johnson asked a question regarding the size of the contaminated fuel tanks and if they
were residential or commercial tanks? Larry Smith, OWSI Representative, replied that the tanks in
question were used for maintenance and that they were relatively small - around one to two thousand
gallons each. On one particular site owned by OWSI on 781 Walker Way, there were three such tanks
and two were leaking. He noted that they were removed from the site in 1990. However, due to the
placement of the tanks, residual contaminants were left behind in the soil. Commissioner Johnson asked
about the cost estimate to clean up the soil. Associate Planner Johnson replied that the cleanup cost is
unknown at this point.
Commissioner Sullivan asked if the water rights were dependent on the location of the existing well, or
if it could be moved to an area outside the contaminated zone. It was clarified by OWSI Representative
Larry Smith that in the process of attempting to drill a new well, the contamination was discovered.
They have since done testing of the old well and found that it is not impacted by the residual
contamination. It was discussed that the new Water System Plan (WSP) is due by December 2013.
There will be a public meeting in approximately 3 weeks regarding the development agreement.
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Commissioners Meeting Minutes: April 1, 2013
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Associate Planner Johnson stated the Preliminary Plat Approval expires June 28, 2013 and that he
wished to have the Development Agreement approved before then. County Administrator Morley
reviewed the extensions and agreement deadlines and mentioned the need for keeping citizens informed.
Presentation re: Status of Department of Emergency Management Program: Director
Bob Hamlin gave a presentation on the Department of Emergency Management programs which involve
many volunteers.
Letter re: Support of Grant Funding for Port Townsend School District 450:
Commissioner Johnson presented a draft letter of support to the Amgen Foundation for Science
Education Grant Funding for the Port Townsend School District 450 to receive grant funding for air
quality monitoring. Commissioner Johnson moved to approve the letter of support. Commissioner
Sullivan seconded the motion which carried by a unanimous vote.
The meeting was recessed at 11:14 a.m. and reconvened at 1:33 p.m. with all three
Commissioners present.
COUNTYADMINISTRATOR BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board.
Calendar Coordination
• Commissioner Sullivan will be attending a Rotary Meeting with Derek Kilmer at the Northwest
Maritime Center at 12:00 p.m. on April 2, 2013. Commissioner Johnson may also be attending
• SPECIAL MEETING: Community Input meeting at the Tri -Area Community Center on
April 4, 2013. Commissioner Johnson will not be able to attend
• Chairman Austin will be attending a Metropolitan Park District meeting at the Port Ludlow
Village Council on April 4, 2013
• Commissioner Johnson will be attending a City Council meeting regarding the Port Townsend
Library, at the Port Townsend Library on April 8, 2013
• Chairman Austin will be attending the Nurse Family Partnership (NFP) meeting from 10:00 a.m.
to 2:00 p.m. on April 9, 2013
• SPECIAL MEETING: Community Input meeting at the Coyle Community Center on
April 9, 2013
• Chairman Austin is unable to attend Tourism Coordinating Council meeting on April 9, 2013
• Commissioner Sullivan, Commissioner Johnson and Chairman Austin will participate in a
special meeting of the Hood Canal Coordinating Council (HCCC) conference call on April 10,
2013
• Commissioner Johnson has a conflicting meeting and is unable to attend the Jefferson County
Parks and Recreation Advisory Board (JPRAB) as he is attending the Olympic Regional Clean
Air Agency (ORCAA) meeting on April 10, 2013
• Commissioner Johnson will be in Olympia on April 11 and 12, 2013
• SPECIAL MEETING: Community Input meeting at the Quilcene Community Center on April
16, 2013
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Commissioners Meeting Minutes: April 1, 2013
X]
• Budget meeting is on April 17, 2013
• Chairman Austin and Commissioner Sullivan will attend the Jefferson Land Trust (JLT)
breakfast on April 18, 2013
• Chairman Austin and Commissioner Sullivan will attend the Jefferson County Health Board
meeting on April 18, 2013
• Quarterly Elected Official/Department Director meeting on April 22, 2013
• SPECIAL MEETING: Community Input Meeting on April 22, 2013 at the Port Ludlow Beach
Club
• Finance Committee meeting on April 23, 2013
• Commissioner Johnson will be attending the Metropolitan Park District (MPD) Steering
Committee meeting on April 23, 2013
• County Administrator Morley may cover Chairman Austin's attendance for the Jefferson -Port
Townsend Regional Emergency Preparedness meeting (JPREP) on April 26, 2013
• All three Commissioners are planning on attending the Brinnon Loyalty Day Parade on April 26,
2013
• SPECIAL MEETING: Community Input meeting on May 9, 2013 at 7:00 p.m. at the Brinnon
Community Center
Legislative Session:
• Governor's Budget — $162M taken from Public Works Trust Fund (PWTF); state Payment in
Lieu of Taxes (PILT) fully funded; litter and local toxics drained in part
• Transportation hearing this Thursday
• HB 1013 — allow the Board of County Commissioners to conduct business outside county seat
with 20 day notice;
• HB 1601 — court penalties paid over time
Miscellaneous Items:
• Olympic Region Clean Air Agency (ORCAA) Laura Tucker and Port Townsend School District:
Amgen 218K to study air quality; sending letter of support
• Lawsuit — US District Court ruling on culverts. Fawn Sharp Quinault Indian Nation was
Attorney initiating the suit.
Josh Peters Transportation Improvement Plan (TIP) meetings with Commissioners individually
• Status of recruitment for vacant position of Deputy Clerk of the Board
• Minutes and BOB — less detail for now, commissioners suggested BOB could be eliminated or
trimmed back to cover actions only
• Update on new Department of Natural Resources (DNR) staffing: Matt Randazzo with
Department of Natural Resources (DNR) (360) 902 -1099; Alecia Dunkin, DNR Legislative Aid
(360) 902 -1593. Trust Land Transfer (TLT) $2.3M
• Animal Rescue of horses — what is County's cost & the possibility of recovery from original
owner or others? County Administrator Morley /Anne to check with Sheriff
• No shooting zone: status of petition acts? County Administrator Morley will ask Doug
Noltemeier to map petition approvals against a map of parcels or homes.
• Community Input Meetings — Sheriff possible to send surrogate; Issues for preparation: banking;
MPD; weeds; Tri -Area sewer (Commissioner Sullivan — sewer, shellfish management); list of
parks in the area
• Port Townsend City Council meeting on budget last week; April 8, 2013 Library Town Meeting
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Commissioners Meeting Minutes: April 1, 2013 ,
• County Administrator Morley gave a report of last week's Washington County Risk Pool
(WCRP) training & workshops
• County Administrator Morley gave a brief update on the status of labor negotiations
• County Administrator Morley and Judi Morris discussed the current sales tax revenue
Future Agenda Items: [not discussed]
NOTICE OFADJOURNMENT. Commissioner Sullivan moved to adjourn the meeting
at 4:14 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner
Johnson seconded the motion which carried by a unanimous vote.
ATTEST:
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r'in-Lundgren
Clerk of the Board
JEFFERSON COUNTY
BOARD On COMMISSIONERS
Phil Johnsgp, Member
David Sullivtan, Member
Page 8
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ATTEST:
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Clerk of the Board
JEFFERSON COUNTY
BOARD On COMMISSIONERS
Phil Johnsgp, Member
David Sullivtan, Member
Page 8
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JEFFERSON COUNTY
NOTICE OF APPLICATION & PUBLIC HEARING
AMENDMENT TO THE PORT LUDLOW DEVELOPMENT AGREEMENT
CASE NO.s:
ZON12 -00061 — MLA12 -00260
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Jefferson County
Board of County Commissioners to review and take testimony for an application to
amend the Port Ludlow Development Agreement.
APPLICANT:
PORT LUDLOW ASSOCIATES
70 BREAKER LANE
PORT LUDLOW, WA 98365
Application Received Date: December 3, 2012
Application Complete Date: December 31, 2012
Application Notice Date: March 6, 2013
DESCRIPTION:
Proposed amendment to the Port Ludlow Development Agreement (PLDA) to extend
the expiration of the agreement an additional five (5) years from May 8, 2020 to May 8,
2025. Expiration extensions to the Memorandum of Understanding between Olympic
Water and Sewer Inc. and preliminary plat approvals is also proposed. As a Legislative
action, the Board of County Commissioners (BoCC) must make notice to the public and
schedule a public hearing before making a final decision. The BoCC may approve,
approve with modifications, or deny the proposed amendment after hearing public
testimony. This is a Type C land use application under Section 16 of the Land Use
Procedures Ordinance under the Port Ludlow Development Agreement.
COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS:
The application and any studies may be reviewed at the Jefferson County Department
of Community Development. All interested persons are invited to comment on the
application during the required ten (10) day comment period and receive a copy of the
decision by submitting such written comment(s) / requests) to the Jefferson County
Department of Community Development, Development Review Division, 621 Sheridan
Street, Port Townsend, WA 98368, (360) 379 -4450. Comments concerning this
application should be submitted to the Department by 4:30 p.m. on March 18, 2013. All
related documents can be viewed at or requested from the Jefferson County
Department of Community Development, 621 Sheridan St. Port Townsend, WA 98368
(360) 379 -4465.
TYPE OF HEARING:
RCW 36.708.200 states, "A county or city shall only approve a development agreement
by resolution after a public hearing. " This notice constitutes notice to the Jefferson
County BOCC shall conduct a public hearing on this application regularly scheduled
weekly meeting.
LOCATION OF PUBLIC HEARING:
The public hearing will be conducted on Monday, April 1, 2013 at the Board of County
Commissioners Chambers located in the basement of the Jefferson County
Courthouse, 1820 Jefferson St., Port Townsend, WA 98368. The hearing will begin at
j0-1�am.
Project Planner: David Wayne Johnson (360)379 -4465
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Jarteraon County Commissioners
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Regular Agenda \
9:45_ 10:00 J
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Philip Morley, County Administrator
FROM: Carl Smith, Director of Community Development
Stacie Hoskins, Planning Manager
David Wayne Johnson, Port Ludlow T ead Planner
DATE: March 4, 2013
SUBJECT: Amendment No. 2 to the Port Ludlow Development Agreement
STATEMENT OF ISSUE: The County has received a request from Port Ludlow Associates
(PLA) and Olympic Water and Sewer Inc. (OWSI) to extend by amendment the term of their
Development Agreement and the Memorandum of Understanding with Jefferson County from
May 8, 2020 to May 8, 2025. The amendment also includes a provision to extend preliminary
plat approval from the current seven years, to ten years.
ATTACHMENTS:
• Letter of request from Diana Smeland, President of Port Ludlow Associates.
• Amendment No. 2 to Port Ludlow Development Agreement
• Amendment No. 1 to Memorandum of Understanding Regarding the Provision of Sewer
Service within the Boundaries of the Port Ludlow Master Planned Resort
• Notice of Public Hearing for April 1, 2013
ANALYSIS: Staff notes that since the economic downturn of 2008, the DCD has not issued
any building permits to PLA for new Single Family Residences, when just a year before, they
were issued ten. That is over four years of no building activity. When the Port Ludlow
Development Agreement (PLDA) was originally signed in 2000, the County anticipated the
build -out of the resort would occur by the May 2020 deadline. Because of this lack of building
activity, it is reasonable to extend the expiration of the PLDA to allow the build -out to occur as
anticipated. Concurrent with the PLDA is a Memorandum of Understanding (MOU) between
the County and OWSI to supply sewer and water service to residences within the Port Ludlow
Master Planned Resort (MPR). The MOU will expire on October 4, 2019. To be consistent,
PLA is also requesting an extension to the MOU to match the expiration of the DA on May 8,
Regular Agenda
9:45 — 10:00
2025. The lack of building activity also affects the ability to finalize subdivisions with
preliminary approval because of the revenue from home sales that finance the required
infrastructure. Currently there are two subdivisions with preliminary approval, one of which,
Olympic Terrace II will expire on June 28, 2013 and already received a one year extension from
the BoCC in 2012. The proposed amendment includes an extension for preliminary plat
approval from the current seven years to ten years as allowed under RCW36.70B.170(3)(i).
Similar to Amendment No. 1 which eliminated the Appellate Hearing Examiner process,
consistent with Jefferson County Code Title 18, the current requested amendment is strictly
limited to allow more time to complete the build -out of the MPR. Staff wishes to emphasize that
the proposed amendments do not expand the scope or scale of development of the MPR in any
way, only the time period in which PLA may achieve it. Staff will provide additional analysis
subsequent to the public hearing so that public comment can be analyzed and addressed.
ALTERNATIVES: The requested action is not mandatory. Section 4.6 of the PLDA, "This
agreement shall not be amended without the express written approval of the County and Pope (or
its successors, successor in title and assigns with respect to the property in which they have an
interest). The Board of County Commissioners must approve all amendments to this agreement
by ordinance or resolution and only after notice to the public and a public hearing." The BoCC
may either accept or decline the request to amend. However, the current preliminary plat
approval for Olympic Terrace II expires on June 28, 2013, and therefore should the BoCC accept
the request to amend, time is of the essence. The BoCC may choose to modify the amendment to
not include the extension to preliminary plat approval, however, the expiration of preliminary
plat approval would require a complete re- application of the subdivision by PLA.
FISCAL IMPACT /COST BENEFIT ANALYSIS: All staff time to process the amendments
will be billed to PLA by the hour.
RECOMMENDATION:
1. Accept PLA's request to process an amendment request to the Development Agreement
and Memorandum of Understanding.
2. Accept the attached notice of public hearing for publication and schedule the public
hearing on this matter for April 1, 2013 to occur during the BoCC regularly scheduled
weekly meeting.
REVIEWED BY:
I ip Morley, y Admmistra r
From: Tony Simpson [ausimpson @msn.com]
Sent: t Wednesday, March 27, 2013 3:19 PM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
Hearing Statement by Anthony Simpson before the Board of County Commissioners (BoCC) re
Port Ludlow Development Agreement (DA) on April 1. 2013
My name is Tony Simpson. I am a homeowner living at 230 Camber Lane, Port Ludlow. My letter, submitted on
March 18, 2013 to the Jefferson County Department of Community Development, contains more detail with
22 references; it is incorporated herein.
The Port Ludlow Master Planned Resort (MPR) DA May 8th, 2000 states in Appendix A Paragraph 3.13.1 that:
"The Board of County Commissioners reserve the authority to modify one or more of the standards or
requirements of development for the Port Ludlow MPR during the term of the Agreement, after notice, a public
hearing and adoption of findings and conclusions, to the extent required to avoid a serious threat to public
health or safety, as provided in RCW 36.706.170. "
Two factors in Port Ludlow Associates (PLA) /Olympic Water and Sewage Inc. (OWSI) five -year extension
application exacerbate threats to public health or safety, the scope of which were unknown to the BoCC
during earlier DA negotiations:
The Washington State Department of Ecology (WSDOE) Hazard Sites List as of February 27, 2013 ranks
hazardous sites from 1 to 5 (where 1 is most hazardous and 5 is least). Pope Resources' leaking fuel
tanks created a rank -2 hazardous site at 781 Walker Way, where the Port Ludlow waterworks yard is
located, and a rank -3 hazardous site at the Golf Course Maintenance Facilities at 181 Cameron Drive.
OWSI's principle Zone -A (North Bay) well #2 is failing and its replacement well #17 had to be
abandoned after entering a region of contaminated soil. Soil samples exceed the Model Toxic Control
Act (MTCA) by up to 30 times clean -up level standards. One consequence is that Zone -B water now has
to be diverted to Zone -A to satisfy water needs East of Oak Bay Rd. These hazardous sites are a serious
threat to public health or safety.
2. There has been a demographic shift in Port Ludlow since the DA was created. Originally Port Ludlow
was considered a retirement and vacation community of "snowbirds" who would consume about 200
gallons of water per day per residence. Today, more residents remain full time and job markets are
drawing younger families with children. Thus, more families approach the demographic norm, which
requires 350 gallons per day per residence according to the Washington State Department of Health
(WSDOH). Combining factors in paragraphs #1 and #2 urges prudent concern that any consequent
water shortage due to lack of guaranteed water rights poses a serious threat to public health or safety.
We are now at the mid -point of the extended 25 -year DA. The BoCC cannot assume for issues of public health
or safety that data provided by PLA /OWSI and their consultants is always correct and unbiased (e.g., in 2010,
OWSI's was required to withdraw its planned 25 percent tariff increase by Washington Utilities and
Transportation Commission). Before approving the extension, the BoCC has an obligation of due diligence that
requires a study by a qualified expert to determine the facts independently. The BoCC will thereby give surety
that Port Ludlow has an uncontaminated and adequate water supply past 2025, fulfilling its DA public health
or safety obligations under RCW 36.70B.170.
--A
PLA /OWSI desires to extend the vesting period for preliminary plat approvals relating to the PLA Property.
Provided the DA is first amended to guarantee timely performance of the County's due diligence as discussed
above, only then do I believe approval of PLA /OWSI's DA extension would be justified.
From: Don Plorde [don332 @msn.com]
Sent: Wednesday, March 27, 2013 3:57 PM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
I support the BoCC Hearing Statement by Anthony Simpson.
Donald E. Plorde
55 McKenzie Lane
Port Ludlow, WA 98365
From: Bob Benicia [bobbertoia @hotmail.com]
Sent: Wednesday, March 27, 2013 4:22 PM
To: jeff bocc
Subject: RE: Extension of Port Ludlow Development Agreement
Date: Wed, 27 Mar 2013 18:40:12 -0400
From: ausimpson @msn.com
To: bobbertoia @hotmail.com
Subject: Extension of Port Ludlow Development Agreement
Hearing Statement by Anthony Simpson before the
Board of County Commissioners (BoCC)re
Port Ludlow Development Agreement (DA) on April 1.2013
My name is Tony Simpson. I am a homeowner living at 230 Camber Lane, Port Ludlow.
My letter, submitted on March 18, 2013 to the Jefferson County Department of
Community Development, contains more detail with 22 references; it is incorporated
herein.
The Port Ludlow Master Planned Resort (MPR) DA May 8th, 2000 states in Appendix A
Paragraph 3.13.1 that: "The Board of County Commissioners reserve the authority to
modify one or more of the standards or requirements of development for the Port
Ludlow MPR during the term of the Agreement, after notice, a public hearing and
adoption of findings and conclusions, to the extent required to avoid a serious threat to
public health or safety, as provided in RCW 36.70B.170."
Two factors in Port Ludlow Associates (PLA) /Olympic Water and Sewage Inc. (OWSI)
five -year extension application exacerbate threats to public health or safety, the scope
of which were unknown to the BoCC during earlier DA negotiations:
The Washington State Department of Ecology (WSDOE) Hazard Sites List as of
February 27, 2013 ranks hazardous sites from 1 to 5 (where 1 is most hazardous
and 5 is least). Pope Resources' leaking fuel tanks created a rank -2 hazardous
site at 781 Walker Way, where the Port Ludlow waterworks yard is located, and
a rank -3 hazardous site at the Golf Course Maintenance Facilities at 181
Cameron Drive. OWSI's principle Zone -A (North Bay) well #2 is failing and its
replacement well #17 had to be abandoned after entering a region of
contaminated soil. Soil samples exceed the Model Toxic Control Act (MTCA) by
up to 30 times clean -up level standards. One consequence is that Zone -B water
now has to be diverted to Zone -A to satisfy water needs East of Oak Bay Rd.
These hazardous sites are a serious threat to public health or safety.
2. There has been a demographic shift in Port Ludlow since the DA was created.
Originally Port Ludlow was considered a retirement and vacation community of
"snowbirds" who would consume about 200 gallons of water per day per
residence. Today, more residents remain full time and job markets are drawing
younger families with children. Thus, more families approach the demographic
norm, which requires 350 gallons per day per residence according to the
Washington State Department of Health (WSDOH). Combining factors in
paragraphs #1 and #2 urges prudent concern that any consequent water
shortage due to lack of guaranteed water rights poses a serious threat to public
health or safety.
We are now at the mid -point of the extended 25 -year DA. The BoCC cannot assume for
issues of public health or safety that data provided by PLA /OWSI and their consultants
is always correct and unbiased (e.g., in 2010, OWSI's was required to withdraw its
planned 25 percent tariff increase by Washington Utilities and Transportation
Commission). Before approving the extension, the BoCC has an obligation of due
diligence that requires a study by a qualified expert to determine the facts
independently. The BoCC will thereby give surety that Port Ludlow has an
uncontaminated and adequate water supply past 2025, fulfilling its DA public health or
safety obligations under RCW 36.70B.170.
PLA /OWSI desires to extend the vesting period for preliminary plat approvals relating
to the PLA Property. Provided the DA is first amended to guarantee timely
performance of the County's due diligence as discussed above, only then do I believe
approval of PLA /OWSI's DA extension would be justified.
I SUPPORT THE BoCC HEARING STATEMENT BY ANTHONY SIMPSON
Bob Bertoia 61 Barque Ln. Port Ludlow, Wa. 98365
From: Barbara Collins [bbcollins @olympus.net]
Sent: Wednesday, March 27, 2013 4:23 PM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
I support the BoCC Hearing Statement by Anthony Simpson
and I count on the Board of County Commissioners to protect us and to require an independent
study be done. Thank you.
Barbara H. Collins
154 Sea Vista Terrace
Port Ludlow WA 98365
From: GARTH LINDSEY [garth_lin @msn.comj
Sent: Wednesday, March 27, 2013 5:02 PM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
I support the BoCC Hearing Statement by Anthony Simpson.
Respectively,
Garth S. Lindsey
75 Outlook Ln
Port Ludlow, WA 98365
Sent from my iPad
rrom: arvrir �.r+iry panieuam�wuivauauiNc. nay
Sent: Wednesday, March 27, 2013 5:20 PM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
We support the following BoCC Hearing Statement by Anthony Simpson.
Daniel Holtz & Janie Cain
60 Dunsmuir Road
Port Ludlow, WA 98365
Hearing Statement by
Anthony
Simpson before the
Board of County
Commissioners
(BoCC) re
Port Ludlow Development
Agreement
(DA) on April 1. 2013
My name is Tony Simpson. I am a homeowner living at 230 Camber Lane, Port Ludlow. My letter, submitted on
March 18, 2013 to the Jefferson County Department of Community Development, contains more detail with
22 references; it is incorporated herein.
The Port Ludlow Master Planned Resort (MPR) DA May 8th, 2000 states in Appendix A Paragraph 3.13.1 that:
"The Board of County Commissioners reserve the authority to modify one or more of the standards or
requirements of development for the Port Ludlow MPR during the term of the Agreement, after notice, a public
hearing and adoption of findings and conclusions, to the extent required to avoid a serious threat to public
health or safety, as provided in RCW 36.70B.170,"
Two factors in Port Ludlow Associates (PLA) /Olympic Water and Sewage Inc. (OWSI) five -year extension
application exacerbate threats to public health or safety, the scope of which were unknown to the BoCC
during earlier DA negotiations:
1. The Washington State Department of Ecology (WSDOE) Hazard Sites List as of February 27, 2013 ranks
hazardous sites from 1 to 5 (where 1 is most hazardous and 5 is least). Pope Resources' leaking fuel
J `
� ' F
tanks created a rank -2 hazardous site at 781 Walker Way, where the Port Ludlow waterworks yard is
located, and a rank -3 hazardous site at the Golf Course Maintenance Facilities at 181 Cameron Drive.
OWSI's principle Zone -A (North Bay) well #2 is failing and its replacement well #17 had to be
abandoned after entering a region of contaminated soil. Soil samples exceed the Model Toxic Control
Act (MTCA) by up to 30 times clean -up level standards. One consequence is that Zone -B water now has
to be diverted to Zone -A to satisfy water needs East of Oak Bay Rd. These hazardous sites are a serious
threat to public health or safety.
2. There has been a demographic shift in Port Ludlow since the DA was created. Originally Port Ludlow
was considered a retirement and vacation community of "snowbirds" who would consume about 200
gallons of water per day per residence. Today, more residents remain full time and job markets are
drawing younger families with children. Thus, more families approach the demographic norm, which
requires 350 gallons per day per residence according to the Washington State Department of Health
(WSDOH). Combining factors in paragraphs #1 and #2 urges prudent concern that any consequent
water shortage due to lack of guaranteed water rights poses a serious threat to public health or safety.
We are now at the mid -point of the extended 25 -year DA. The BoCC cannot assume for issues of public health
or safety that data provided by PLA /OWSI and their consultants is always correct and unbiased (e.g., in 2010,
OWSI's was required to withdraw its planned 25 percent tariff increase by Washington Utilities and
Transportation Commission). Before approving the extension, the BoCC has an obligation of due diligence that
requires a study by a qualified expert to determine the facts independently. The BoCC will thereby give surety
that Port Ludlow has an uncontaminated and adequate water supply past 2025, fulfilling its DA public health
or safety obligations under RCW 36.708.170.
PLA /OWSI desires to extend the vesting period for preliminary plat approvals relating to the PLA Property.
Provided the DA is first amended to guarantee timely performance of the County's due diligence as discussed
above, only then do I believe approval of PLA /OWSI's DA extension would be justified.
From:
Bob Forster [rhforster @msn.com]
Sent:
Wednesday, March 27, 2013 5:40 PM
To:
jeffbocc
Subject:
Extension of Port Ludlow Development Agreement
I support the BoCC Hearing Statement by Anthony Simpson
Robert H Forster
85 Sea Breeze Lane,
Port Ludlow, WA 98365
From:
Bert Loomis [bertl @cablespeed.com]
Sent:
Wednesday, March 27, 2013 6:55 PM
To:
jeffbocc
Subject:
Extension of Port Ludlow Development Agreement
Importance: High
I support the BOCC Hearing Statement by Anthony Simpson
Bert Loomis
235 Edgewood Drive
Port Ludlow, WA 98365
(360) 437 -0901
bertl(�cablespeed.com
From: Tam McDearmid [mctam90 @gmail.com]
Sent: Thursday, March 28, 2013 1:43 AM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
I support the BoCC Hearing Statement by Anthony Simpson.
Thank you,
Tamra McDearmid
330 Rainier Lane
Port Ludlow WA 98365
a
HEARING Ra - R
jeffbocc
From:
Azen Robert [raincrowl @mac.com]
Sent:
Thursday, March 28, 2013 7:15 AM
To:
jeffbocc
Subject:
Extension of Port Ludlow Development Agreement
I support the BoCC Hearing Statement by Anthony Simpson
Robert Azen 60 Machias Loop Port Ludlow, WA 98365
P.O. Box 65495 360- 437 -9677 raincrowl;wmac.com
Dear Fellow Resident of Port Ludlow,
The Board of County Commissioners (BoCC) will hear public comments on
Monday, April 111 at 10 am to extend Port Ludlow Associates development
agreement by five years. The agreement includes Olympic Water and Sewer, and so
presents a timely opportunity for us to demand proper due diligence on critical
matters such as water contamination, adequate water rights, and system capacity
for the full build -out of the Port Ludlow MPR.
I urge you to make your concerns and opinions known by email and /or by
speaking at the hearing. The number of comments received can influence your
elected representatives' opinions. I have sent my Statement in and it is reproduced
below. You are welcome to use it as you wish whether you agree or disagree with
me.
If you attend the hearing, it is in the basement of the County Courthouse. Seating is
limited, so arrive early. You may speak for a maximum of three minutes. It is best
to hand in a written copy.
Alternatively, send your comments by email without moving from your seat right
NOW:
1. Start a new Email
2. Cut and paste into the "to" address: leffbocc(&co.iefferson.wa.us
3. Cut and paste into the "subject" line:
Extension of Port Ludlow Development Agreement
4. Type your comments. Alternatively, if you agree with me, cut and paste:
I support the BoCC Hearing Statement by Anthony Simpson
5. At the end, you must type your Name and Port Ludlow Address
6. Send it NOW.
In addition, please forward or show this email to any of your family and friends
who might want to see it.
Thank you,
Tony Simpson
Hearing Statement by Anthony Simpson before the
Board of County Commissioners (BoCC) re
Port Ludlow Development Agreement (DA) on April 1. 2013
My name is Tony Simpson. I am a homeowner living at 230 Camber Lane, Port Ludlow.
My letter, submitted on March 18, 2013 to the Jefferson County Department of
Community Development, contains more detail with 22 references; it is incorporated
herein.
The Port Ludlow Master Planned Resort (MPR) DA May 8th, 2000 states in Appendix A
Paragraph 3.13.1 that: "The Board of County Commissioners reserve the authority to
modify one or more of the standards or requirements of development for the Port
Ludlow MPR during the term of the Agreement, after notice, a public hearing and
adoption of findings and conclusions, to the extent required to avoid a serious threat to
public health or safety, as provided in RCW 36.70B.170."
Two factors in Port Ludlow Associates (PLA) /Olympic Water and Sewage Inc. (OWSI)
five -year extension application exacerbate threats to public health or safety, the scope
of which were unknown to the BoCC during earlier DA negotiations:
1. The Washington State Department of Ecology (WSDOE) Hazard Sites List as of
February 27, 2013 ranks hazardous sites from 1 to 5 (where 1 is most hazardous
and 5 is least). Pope Resources' leaking fuel tanks created a rank -2 hazardous
site at 781 Walker Way, where the Port Ludlow waterworks yard is located, and
a rank -3 hazardous site at the Golf Course Maintenance Facilities at 181
Cameron Drive. OWSI's principle Zone -A (North Bay) well #2 is failing and its
replacement well #17 had to be abandoned after entering a region of
contaminated soil. Soil samples exceed the Model Toxic Control Act (MTCA) by
up to 30 times clean -up level standards. One consequence is that Zone -B water
now has to be diverted to Zone -A to satisfy water needs East of Oak Bay Rd.
These hazardous sites are a serious threat to public health or safety.
2. There has been a demographic shift in Port Ludlow since the DA was created.
Originally Port Ludlow was considered a retirement and vacation community of
"snowbirds" who would consume about 200 gallons of water per day per
residence. Today, more residents remain full time and job markets are drawing
younger families with children. Thus, more families approach the demographic
norm, which requires 350 gallons per day per residence according to the
Washington State Department of Health (WSDOH). Combining factors in
paragraphs #1 and #2 urges prudent concern that any consequent water
shortage due to lack of guaranteed water rights poses a serious threat to public
health or safety.
We are now at the mid -point of the extended 25 -year DA. The BoCC cannot assume for
issues of public health or safety that data provided by PLA /OWSI and their consultants
is always correct and unbiased (e.g., in 2010, OWSI's was required to withdraw its
planned 25 percent tariff increase by Washington Utilities and Transportation
Commission). Before approving the extension, the BoCC has an obligation of due
diligence that requires a study by a qualified expert to determine the facts
independently. The BoCC will thereby give surety that Port Ludlow has an
uncontaminated and adequate water supply past 2025, fulfilling its DA public health or
safety obligations under RCW 36.708.170.
PLA /OWSI desires to extend the vesting period for preliminary plat approvals relating
to the PLA Property. Provided the DA is first amended to guarantee timely
performance of the County's due diligence as discussed above, only then do I believe
approval of PLA /OWSI's DA extension would be justified.
If you want to see a more detailed background to this Statement, the document that I
sent earlier to the Jefferson County Department of Community Development is
available at the Port Ludlow Archive and through it to 22 linked references.
19- 0
This email was sent to raincrowl @mac.com by ausimpson@msn.com
Update Profile /Email Address Instant removal with SafeUnsubscribeT" Privacy Policy.
Anthony Simpson ; 230 Camber Ln 1 Port Ludlow . WA ' 98365
jeffbocc
RD
From:
Gregg Hupp [ehrhupp @aol.com]
Sent:
Thursday, March 28, 2013 1:24 PM
To:
jeffbocc
Subject:
Extension of Port Ludlow Development Agreement
Board of County Conunissioners,
I note that Port Ludlow Associates and Olympic Water and Sewer have applied for a five -year extension to the Port
Ludlow MPR. I would like to endorse the Hearing Statement of Anthony Simpson. He expresses concerns held by
several Port Ludlow residents concerning PLA and OWS, sufficient that the BoCC require an amendment allowing a
required independent study before approving any extension.
Thank you for your consideration,
Gregory H. Hupp
71 -C N. Chandler Ct.
Port Ludlow. WA 98365
•From: Dave McDearmid [dmcdearmid98365 @gmail.com]
Sent: Thursday, March 28, 2013 6:51 PM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
I support the BoCC Hearing Statement by Anthony Simpson
signed,
Dave McDearmid
330 Rainier Lane
Port Ludlow WA 9836@
40
•
From: Ernest Oxton [franern @waypoint.com]
Sent: Thursday, March 28, 2013 9:30 PM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
We have been residents of Teat Lake Village in the Master Planned Resort of Port Ludlow for the past 18 years. We urge
the County Commissioners to change and enforce the requirements for further development of the Port Ludlow MPR to
remedy a serious threat to our health and safety before extending the development agreement.
Hazardous soil pollution has developed at two of the developer's maintenance sites within the drainage area to the
aquifer. Some of the Olympic Water and Sewer company's wells have failed over the years while demand for water has
increased with development.
Further development should not be allowed until the water utility is returned to compliance and adequate provision
made for further development.
Respectfully submitted,
Ernest G. and Frances B. Oxton
94 Sea Vista Terrace, Port Ludlow
9
From: D. Ridgley [theseehawks @gmail.comj
Sent: Saturday, March 30, 2013 4:50 PM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
Dear Commissioners.
The issue of extending the PLA build -out time another five years raises the issue of water availability for that
many new residents. During the last three to four years, it has become known to all that PLA has some well -
contamination problems that seriously impacts it's ability to supply an adequate amount of water for so large a
community. Since the contamination caused by Pope Resources was not known until recently, we feel a
complete study of the issue is imperative to a good decision.
We have read the BOCC Hearing statement by Tony Simpson and are in complete agreement.
Del & Dianne Ridgley
386 Camber Lane
Port Ludlow, WA 98365
x„
jeffbocc
From:
Nancy O'Neill [noneill @siu.edu]
Sent:
Saturday, March 30, 2013 6:19 PM
To:
jeffbocc
Subject:
Port Ludlow Development Agreement
I support the BoCC Hearing Statement by Anthony Simpson.
I might add, in addition, I strongly support Mr. Simpson and believe he has quite
correctly articulated some serious concerns here in Port Ludlow re: this
extension. I see some possible PLA mischief brewing here, particularly if PLA has
some plans to unload the OWSI and leave new ownership sitting with the safety
issues unaddressed.
I am asking that the County Commissioners act in the best interests of the
residents of Port Ludlow and not in the interests of those business's that are not
fulfilling their obligations.
As a final note, I would add that we own a home (purchased 9/06) that is now
fully more than $100,000 under water. Values in Port Ludlow will take literally
years to return. We definitely are not seeking any additional costs (or taxes) to
add to our current woes.
Nancy G. O'Neill
71 Olympic Lane
Port Ludlow, WA 98365
From: EDOUARD MARGUERITE GALFRE [galfre360 @msn.com]
Sent: Sunday, March 31, 2013 7:16 PM
To: jeffbocc; Simpson Anthony & Sally
Subject: Extension of Port Ludlow Development Agreement.
I support the BoCC Hearing Statement By Anthony Simpson .
My Name is Edouard Galfre'
161 Dunsmuir Road
Port Ludlow, WA 98365
Ed Galfre'galfre360@msn.com
HEAR4 IG47 REC
From: Diane Allen [diane @artemiscomputing.com]
Sent: Monday, April 01, 2013 12:51 AM
To: jeffbocc
Subject: Extension of Port Ludlow Development Agreement
Dear Jefferson County BoCC,
I strongly support the BoCC Hearing Statement by Anthony Simpson.
Thank You
Diane Allen
171 Condon Lane, Port Ludlow WA 98365
mailing: 46 Village Way #168, Port Ludlow, WA 98365
LvH (fGzk jt ri cj. �t �`r l y e' yl a 11 / 3 ,
Development Agreement Extension Notes
IN D
1. Name is Tony Durham, VP of PLVC and resident of Port Ludlow for 19 years.
2. At PLVC General Meeting on 7 March, PLA (Diana Smeland) requested PLVC support for 5 yr. extension
of the Development Agreement.
3. PLVC held Special Meeting on 14 March to consider request.
4. At meeting extensive comment and discussion over a 2 hr. period.
5. Almost without exception, everyone recognized that the economy since 2007 -08 had been weak, and
not supported level of demand necessary to complete build out by originally planned May 2020 date.
6. Wide agreement that extension request was reasonable and deserving of community support.
7. Council approved preparation and transmittal of letter of support for extension request.
8. Council also required support letter to include 2 specific related issues /concerns that the County was
urged to address as an integral part of the extension review /approval process. Those 2 issues are:-
a. Adequacy of Water Rights: The adequacy of water rights at levels consistent with projected
needs as construction and population approach and reach build-out levels must be assured.
Two notes
I. In the early years the population of Port Ludlow was very heavily composed of retirees
and vacationers, many absent several months each year - hence low per household
water usage estimated at 200 gallons /day (average).
ii. Recently, more year round residents, and changes in demographics including some
moderately younger residents and a sprinkle of families with children - higher per
household water usage estimated at about 300 -350 gallons /day.
Currently approved supply is 550 acre -feet. PLVC estimated need at build out is 580 acre -feet,
i.e. need approx..30 additional acre -feet or an increase of 5-6%. This is not a huge increase, but
it is NOT trivial - and availability needs to be ASSURED.
b. Contamination Clean-Up Costs : There is known fuel (gasoline) contamination at 2 sites in Port
Ludlow. The contamination requires on -going monitoring, clean -up and remediation, the costs
of which must be borne by the contamination creators and not be transferred either directly or
indirectly to the residents of Port Ludlow.
L The first contamination site is located at the Waterworks Maintenance Yard near Well
#17 on Walker Way. Well #17 was subsequently abandoned, but the site is also close
to the older Well #2 which remains in use.
ii. The second contamination site is at the Golf Course Maintenance Facility off Cameron
Drive.
9. Bottom line:- The community widely supports the requested 5 year extension of the development
agreement, but urges that County approval require updated and independent analysis of water needs
and appropriate action to resolve both issues as an integral condition of that approval.