Town of Concrete
Town Council Meeting
November 14, 2016
7:00 p.m. Mayor Miller called the meeting to order. Mayor Miller led the gallery in the Pledge of Allegiance.
Roll Call: Council Members: Rob Thomas, Mike Bartel, Marla Reed and Ginger Kyritsis. Position #2 remains vacant.
Staff Present: Clerk Treasurer Andrea Fichter, Town Engineer Cody Hart and Town Attorney David Day.
Audience Members Signed In: Donald and Deborah Smith and Gary Dunlap.
Public Participation: Gary Dunlap – Airport: Mayor Miller called upon Gary Dunlap.
Gary stated the council terminated his lease on lot #27 a few months ago and he has not yet received his refund on either the extra money he paid, nor his damage deposit. Andrea Fichter stated that is her fault, that she forgot about this and will process that immediately.
He stated at during that same time he returned lot #40 to the town and instead of getting a year, he only got eight (8) months and then the next person to get lot #40 has already sold it and it is getting voted on tonight. He stated that it seems to him with the council making him give these lots back and that he has never tried to sell a single lot and that his whole intent up here was to build some hangars with one to keep and the rest to sell, they would be more lenient. He stated that he didn’t get these lots to just sell them.
He stated the council voted and approved for a town council member to get a lot and he then advertised it for sale immediately and he sold it for $6,000.00 and the council approved that. It was stated the council is not aware of when or how much money changes hands for these leases, and that is never brought to the council to approve or not approve.
Rob Thomas asked what council member he was referring to. Gary Dunlap stated that it was Dave Pfeiffer and he was one of the ones that pushed through this five-year limit (on building a hangar) and it kind of upsets him that he got a lot with full intentions of doing nothing but selling it. He stated that this is a conflict of interest as far he has ever heard with any type of a council. He asked for David Day’s thoughts. David stated that he is not aware of this and asked if Gary could provide him with more information after the meeting. Gary Dunlap stated that it’s simple. Dave Pfeiffer got lot #10, immediately advertised it for sale, and that it sold about three or four months ago and that he got $6,000.00 for it. David Day asked if he was council member at the time this was done. Gary stated that he was council member at the time he got the lot and when he advertised it for sale, but the sale occurred after he was not on the board anymore. Gary asked if he didn’t want the lot, why didn’t he just put it back on the list. Mike Bartel asked if this is an empty lot. Gary stated yes. He stated that he knew he was planning on selling it when he got it. He also stated that Dave Pfeiffer was the main voice to push through this five-year thing (building a hangar).
Marla Reed stated that what the council needs to do is to direct staff to research this further and the time frames. She stated that she remembers it being transferred, but not the exact dates for all of it, but the council needs to know the facts and there is nothing they can do about that tonight without those facts. She stated that she gets where Gary is at with his statements.
Gary stated that he thought the council did not know how much money he had gotten for it so he just thought that it needed to be put out there. He stated his whole intent up here was to get lots and he wanted to build one to keep, but he wanted to build one to sell first so that he would have money to build the one he wanted to keep. He stated with the five-year build rule, he had to build on lots #47 and #48 first so he didn’t lose them because those are the lots he wanted to keep for himself and then the council took away his lot #27. He stated he was supposed to be getting lot #28 at the end of this year so he could put lots #27 and #28 together and then build a big hangar to sell and the council took lot #27 from him and he had even given back lot #40.
Marla Reed stated the five-year build rule has never been a secret; it has been in the leases for years. Gary stated that two years ago was the first time this has ever been enforced. He stated that he bought lot #27 for $2,700 eight years ago and the council took this from him. He stated that he has been paying the lease all this time on that lot. He stated that first you have to have a plan then you need to have financing so the council says you’re rich just build a hangar. Mayor Miller stated that no, we do not say that. Gary stated that she (Ginger Kyritsis) has stated that to him three times. Ginger stated that she has not said that and what Gary just stated is not true. Gary stated that it should be in the minutes. Mayor Miller stated that Gary is now out of time, and asked if he had anything further to add.
Marla Reed stated that she understands what Gary is saying, but the problem is the five-year build rule has been in the leases for years and he knows that. She stated that when the leases were redone a few years back, the wording was changed to make it more enforceable. Gary stated the lease still states that the council “may” terminate the lease. Marla Reed stated this was a big deal and everyone was made very aware of this item. She stated the council was tired of the “good-old-boy” process of passing the lots back and forth, and it needed to stop. She stated if the town wants to build up the airport, then that old process would not cut it.
Gary stated that he understands all that, but he has never tried to sell a lot and he has been paying the leases on eight lots because he wants to build on them, but it takes two lots. He stated that it took him five years to get lots that were side by side. He stated when they were finally allowed to lump two lots together, he submitted his permit application within two months of that, but he can only finance one hangar at a time.
Ginger Kyritsis asked how many lots he had all together initially. Gary stated that he had eight or nine, but it takes two lots side by side to have enough room to put a septic in and to also get a large enough door on the hangar. He stated that people who have million-dollar airplanes need a bigger and taller door, and that’s what he wanted to build to sell. He stated that he is building a quality hangar and not some pole building like Chris Edwards is going to build with no walls, no door and just a roof. He stated that would be like a $20,000 building, but he has built a $160,000 building on his lots.
Mayor Miller stated regardless, everyone has to abide by the same rules whether it’s a $160,000 building or a pole barn.
Gary stated that he can understand the council not wanting people to just buy lots or hangars just so they can sell them or just sit on them, but it takes some time to get lots side by side and then with the front row you can’t even build it tall enough to allow for a big door and that is why he wanted lot #27 in the middle row so he could get a taller hangar built with a bigger door, but now all the time he was holding on to that lot, it’s gone. He stated he would have built on it first, but he didn’t want to lose lots #47 and #48.
Rob Thomas asked if in thirty seconds or less Gary could explain to him what his primary issue is. He stated that with being new to the council and not having as much background information as the other council members and Gary has touched on a number of different issues in a shotgun type approach, he would like to know what his primary concern is this evening. Gary stated that the unfairness of a council member getting a lot and then selling it for one, and then him having to pay extra to keep that other lot for a year, and then the council decided that if he didn’t turn in a permit by September 1 he would lose it. He also stated the council changed the permits so that they are good for a year with one six-month renewal and then no permit renewal after that. Andrea Fichter stated that they can be renewed after that, they just have to pay the full permit fee to do so. Gary stated that they would have to start over and adhere to any new codes and that may require the building to be reengineered. David Day stated that is very common in the industry. Gary stated that what is common in this county is a three-year permit. David Day stated that depends on the jurisdiction. Gary stated that Skagit County’s is three years and then after that there is a $75 renewal fee. He stated the council decided on a one-year permit with a six-month renewal. Marla Reed stated they actually researched and looked at other airports and jurisdictions to see what they were doing. David Day also stated that Marianne was doing some work with the City of Mt. Vernon at the time and we reviewed their building codes as well. Gary stated that he does not believe that anyone has only a renewal period of 6 months and that was something Dave Pfeiffer told the council was true. David Day stated the length of time on a renewal is entirely up to the council and does not have to be done the same way as any other jurisdiction.
Gary stated that he is a one-man crew and trying to build his hangar and have a job is difficult to do within a year and half. He stated if the council wants quality stuff up there. that’s an issue.
Marla Reed stated that she has a question for Gary about the lot that Dave Pfeiffer got and then sold. She asked Gary why he has waited until now to bring it up. Gary stated that every time he comes up here the council looks at him like “what is he going to say tonight,” so he just hadn’t gotten the nerve up to say anything, which is the same reason he hadn’t brought up not receiving his refund yet even though it’s been over sixty days. Marla stated the refund item would have just been an oversight and that Andrea is usually on top of that stuff.
Gary asked about the refund and he understands the regular lease amount would probably be prorated, but what about the extra fee he paid. He stated he believes he should get all that back because the council did not give him a year, they only gave him eight months and he paid that extra to keep it for an extra year. Andrea stated Gary agreed to those eight months, he was at the council meeting where this was discussed, and he had agreed to this and signed the modification paperwork that stated it. Gary asked how much he would be getting back then. Andrea stated he would probably get back the prorated amount for 2016 plus his deposit.
Gary stated there are two other lots up there that have expired and they do not have permits yet either. He stated they did not have to pay the double fee because they did the site evaluation and that okayed them to keep their lot without getting a double fee for two extra years and that he paid the double extra fee and he didn’t get to keep his lot. Andrea Fichter stated there is a process for site plan review and those people had gone through that and their site plans were brought to council and approved by resolution. Gary asked why he is being treated differently. He was asked if he had turned in a site plan. He stated that he did not because he was told he had to turn in an actual permit.
Ginger Kyritsis asked if Gary signed in when he came to each council meeting. She stated that she is going to go through the digital tapes to see if she ever said anything about him being rich and just building his hangar and if she does not she asked if he would give her a public apology. Gary stated that at least one time she said “you’re rich, you own an airplane.”
Gary also stated that last meeting the council discussed raising the lease transfer request fee from $50.00 to $500.00, but he thought the leases could only be changed every five years and it specifically states in the lease the fee is only $50.00. Marla stated that will be looked into as well.
Events Application: None.
Special Presentations: Public Safety: Sergeant Kading reported the incident report for October is in their packets. He stated the Trunk or Treat event had gone well, but it was reported that two of the scarecrows had been stolen. He also reported on a local resident that he had assisted with transportations out of town. He also reported on another individual from town that has now left the state and is hopefully getting the help he needs. He also reported on the toilet paper that was set on fire in both sides of the public restroom at Silo Park, which stained the bathroom floor. It was also stated there was some damage done to the Sani-Can at the Skate Park and that Rich was going to check the surveillance cameras at the fire hall to see if he can see anything.
CRH Engineering-Cody Hart: Bianchi Construction, Park and Ride FINAL Pay Request: Cody reported this is the final pay request and that work is now considered complete and the contractor has been paid for all work they completed.
Rob Thomas made a motion to approve the pay request. Ginger Kyritsis seconded the motion. The motion carried unanimously.
Cody also reported that he has met with Rich to get him caught up on several projects that he will need to get his feedback on during Alan’s absence.
Consent Agenda:
Town Council Workshop Minutes: October 15, 2016
Town Council Minutes: October 24, 2016
Voided Checks #2955-#2962
Approval of Claims Checks #2976-#3019
Approval of Payroll Checks
Marla Reed made a motion to approve. Rob Thomas seconded the motion. The motion carried unanimously.
Public Hearings: 2017 Property Taxes, Resolution #2016-17: Mayor Miller reported this is the required hearing for the town’s property tax revenue for 2017. He stated the information and resolution is in their packets.