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2007-08-09 Regular Meeting Monashka Bay Road Service Area Regular Meeting Bayside Fire Hall August 9, 2007 Meeting Started: 7:03 p.m. Roll Call: Randy Spivey, Dave Sundberg, Darlene Turner, and Drew DeVries. Chaz Glagolich is excused. Minutes: Randy makes motion to approve July 19, 2007 minutes. Dave seconds. Minutes were approved unanimously. Public Comments: None Old Business: KlB Ordinance No. 98-06 - Tracy Mitchell is present to explain some minor changes and field questions. They are still in preliminary stages of design. They estimate that the new settling pond will be 20' by 20'. The curtain system has been down graded to only one curtain and it would not need as much of extensions of roads. The disturbance will be minimal and only necessary trees will be cut. A topography map was brought in and it showed the Greenbelt closest to Marmot Rd residents is 107' in altitude and this should run into the 105' Leach ate greenbelt dump. The water quality will be better. They have not looked into using the drainage towards the ocean that is northwest of the proposed site. In 1998 the MBSD approved this ordinance. Now the Borough is coming back to obtain our concurrences of the proposed changes. The EPA and DEC are directly involved with this. The Borough is in the process of getting a "Nifty's" permit. - Which deals with National Pollution Discharge Elimination System and the DEC. This is a specific permit and not a general one. The existing systems with three ponds are all connected to the toe drain. The seepage minimal compared to what is being caught by the current system. AI, the foreman, will be happy to give a tour of this area, just call for an appointment. Discussion: Weare not appealing anything or changing anything. The ordinance is done and the Borough is coming to us with this construction change to make quality of life better. They have discovered that they have a problem and they can make it better. On July 17th in our Special Work Session, they gave us an opportunity to speak to this issue and so we could walk the proposed site. We also suggested that the affected residents be contacted. Randy Spivey makes motion to allow them to cut the trees and remove all vegetation in greenbelt to facilitate the construction. Dave Sundberg seconds motion. Discussion: Drew DeVries would like to amend motion to state that this is not our decision. Our attendance today suggests that our residents want this done right. We had a meeting on this over a couple weeks ago and to tell you the truth, I don't see the engineering reports or leg work done. None of the residents of Three Sister's whom also live on this drainage got any notification letters. Weare tasked by oath to represent the public in our concurrence, and what I'm hearing is that they are not 100 percent sure what is being proposed to them. How can we attach our name to this? This is important for everyone to do the leg work and bring it to the right committees. I feel that we are the last hurdle after the DEC and EP A. And by voting for the motion, we are in fact giving KlB the green light for a project that is undefined and has risk. We have looked at the elevation but we have not talked about the water table at all. Furthermore, I would like to amend the motion. And put this back on the Borough's plate - that they would form the appropriate committees to deal with this ordinance and take our name off of this. Possibly another Community Development Committee would be more suited for this task. Randy suggests that they could clear the vegetation and they would still have to work with the residents on the building of the drainage system. The good thing of coming before this board is that the affect people notified. Maybe it doesn't belong here but it's a good avenue to getting to the people that are affected. Is there a way of by passing this board and still getting the affected people? On the other hand, as soon as this is repaired then the better it will be for us. And can't we all go to the KIB with our concerns? Drew would like to make an amendment to the motion that the KlB to form a committee and MRSD's name should not be attached to the ordinance. There is no second and the amendment dies. Randy states the Borough is asking us to make it available for them right now. If we have concerns about our water, then we need to ask where they need to go with their concerns. Darlene: we are not the proper body and the Borough needs to work with the stake holders on Marmot and Three Sisters. Motion is to cut and remove the trees and vegetation in all the areas that they would like for the leach ate system and install the settling pond. Roll Call Vote: Randy Spivey - yes, Dave Sundberg - yes, Darlene Turner - yes, and Drew DeVries - no. Motion passes. Drew makes motion to remove our name, MBRS off of future ordinances and appeals. And we would like to make a recommendation to KID to form a Citizens Advisory Committee to deal with the health and habitat issues of the Leach ate system at the Dump. Randy seconds motion and recommendation. Discussion: Would we like to have some control of the Greenbelt? Weare mandated by law to have a code. And we are happy that they contacted everyone. They need to have a 2 residence stake holder that deal with quality of life issues. The Greenbelt was developed for everyone and not just Marmot. We have already said that we concur with this work. And we would like to see people with more interest than us. Motion: to remove our name, MBRS, off of future ordinances and appeals. And we would like to make a recommendation to KIB to form a Citizens Advisory Committee to deal with the health and habitat issues of the Leach ate system at the Dump. Role Call Vote: Randy Spivey - yes, Dave Sundberg - yes, Darlene Turner - yes, and Drew DeVries - yes. Motion passes unanimous. New Business: none Public Comments: Shawn Dillon - states that last time improvements were done; he traced some discolored water back toward where they were blasting. This killed all of the fish, and bacteria with large iron content don't make it smell that bad. Another concern is that in the ordinance, Section 1 reads ... "this ordinance is not of a general and permanent nature." Does that mean that it can be changed any time? Or can it change the original ordinance to set up the Greenbelt? Because you know, we all had to fight tooth and nail for that Greenbelt. We had a Community Development Board when the Greenbelt was place. Now it went away and all we have is MBRSD. There is one other provision to the Greenbelt and that is the playground. This was left for us if there was a need for a playground. (Section 4 of the ordinance) And this opens the door for all of the MBRSD to be stake holders. Jean Dickson - believes this is the wrong avenue for her question. We need to be watch dogs to make sure our water is safe from contaminates. If someone needs to cut a few trees to make it better than I'm for that. But I feel I need to be more informed of exactly how they are taking care of the seepage. There are wells in our area that have extremely high concentrates of Magnesium and Iron. Tia Leber - Would this committee be in addition to the Soil Waste Advisory Board that they are rectifying? This deals with problems with expanding, shipping off and possible closure of the Dump. I am all for cleaning the water quality, but is this going to do the job? Or are they going to come back in another five year and ask to cut down more trees? Paul Zimmer - What does the Greenbelt allow? This ordinance allows this expansion? If this going to improve the water quality then we are for it. But if it expands into the Greenbelt and defeats the purpose of the buffer then that's another question. Board Comments: Dave Sundberg - I got a tour ofthe Dump earlier that week. And because of the recent rains, where the Leach ate leaks it was clear water. They are looking to cut a half a dozen 3 to a dozen trees and collect the natural seepage into a low spot. This is an improvement to what is happening right now. Thanks to Tracy for education of the Dump Facilities. Randy Spivey - There is a lot of good questions brought up about this system and I'm concerned about it also. I drink my well water. The reason it shouldn't be here is that this board doesn't have those answers. The concerned people really need to go to the Borough and ask them. Drew DeVries -We have all made an oath to the public to represent them. And when something is put on our door step, we have a commitment to deal with it the best we can. It doesn't necessarily affect all of us down stream, but every day we have a choice to do the right thing. Hopefully we can follow this through. Darlene Turner - Thanks for our attendance tonight. And Tracy, thanks for bringing this to us and for doing what you said that you would and getting the letters out to the people on Marmot Drive. If you (the public) have any question of what's going on feel free to call the (Tracy) Borough. Adjournment: 8:21 p.m. 9-;n37 .~ Date a Bay Road Service Area Drew DeVries Secretary/ Treasurer ~ /~r6 ~ Date Public Attendance Pat Jacobson Tracy Mitchell Jean Dickson Shawn Dillon Tia Leber Paul Zimmer Box 8707 486-9348 486-2431 Box 1896 481-7285 4