ORCAA Board of Directors
August, 2005 - MINUTES
OLYMPIC REGION CLEAN AIR AGENCY
2940 B LIMITED LANE NW
OLYMPIA WA 98502
August 10, 2005
Members present: Pat Hamilton, Pacific County (Chair)
Mark Foutch City of Olympia
Ann Burgman, City of Lacey
Bob Beerbower, Grays Harbor County (Vice Chair)
Grant Munro, City of Port Angeles
Mike Doherty, Clallam County
Annette McGee, for Tim Sheldon, Mason County
Bob Macleod, Thurston County
Members absent: Phil Johnson, Jefferson County
Legal Counsel: Fred Gentry, Bean & Gentry
Staff Present: Rich Stedman, Executive Director, Lynn Harding, and Debbie Moody, Recorder
The meeting was called to order at 10:03 a.m.
There were no additions or omission to the Agenda. Foutch moved approval of the revised Agenda. McGee seconded the motion and it carried unanimously. Foutch moved approval of the Consent Agenda. Burgman seconded the motion and it carried unanimously.
Public Comments
At the time…there was no public in attendance.
DIRECTOR'S REPORT
Personnel Update
Stedman introduced Steve Rybolt, our newest Air Quality Specialist. Stedman explained that Rybolt came to us from the Northwest Clean Air Agency. He had been an intern up there for some time. Stedman noted that he did some inspections and during his time there he completed his master thesis in air quality on an international cross border air quality project. We are very happy to have him join our team.
Stedman noted we are currently in recruitment mode for an Engineer I or II. We are hoping we can get someone on board by mid to late September.
We have also taken on a legal intern, Stedman explained. Jonathan Sprouffske is a law student who has volunteered to help us update our Regulation 1. The plan is to have our Regulation 1 become a series of regulations and rules rather than one regulation and a collection of articles.
EPA Risk Assessment Course Update
Stedman noted he completed the training in New York. He noted that he spent more time traveling than teaching, but it was a good training nonetheless. Stedman stated he was the only official from local air agencies throughout the nation to be participating in this training. Stedman pointed out it was very good visibility for our agency.
Retreat Results
Stedman explained there was a copy of the staff retreat results in the Board packets. The take home message, Stedman stated, is that we don't really have any significant problems. The comments staff made with regards to things going well and things we can improve on are all listed in the document. Stedman did state he would like to do these types of trainings/retreats for staff on an annual basis. Stedman noted that employee morale has improved since the retreat.
McGee asked how staff is planning on making sure the public is more aware of ORCAA. Stedman mentioned that he has been doing a lot of ‘marketing' for the agency. Stedman noted that he has made great strides in getting out to different Rotary Clubs, City Councils and will be going to more City Councils and County Commissioner meetings this year. Stedman stated we helped sponsor the Capital City Marathon—we had a booth and gave out promotional items. We are planning some upcoming events as well, Stedman continued, such as the hike for clean air, similar to what we did last year.
ORCAA Permit Actions
Stedman explained staff has been working on approximately 20 new construction permits in the past month. We have finalized seven of those and continue to work on the remainder. We continually received notices of constructions for different types of projects. We have air operating permit modifications—K Ply in Port Angeles, air operating renewals—Lasco in Yelm, and several various minor notices of constructions as well.
DRS Audit
Stedman stated we have recently been notified by Department of Retirement, letting us know that we will be going through an audit in September. Stedman did state we do not anticipate any problems.
Public Testimony
Hamilton noted we had called for public comment at the beginning of the meeting. It appears, Hamilton continued, that the gentleman we were expecting has arrived.
Jim Zahn stated he lives on a little farm off of Yelm Highway. Zahn stated he had received a citation for burning and proceeded through a court process. Basically, Zahn continued, it appears the enforcement of ORCAA is complaint driven. What is happening, Zahn noted, is that people move into ‘farming' communities and do not appreciate farming activities. One issue he had with ORCAA, Zahn stated, is they didn't recognize him as a farm/agriculture area. ORCAA fined him for open burning on his property and the court upheld the fine of $1,700.00. Zahn's concern to the Board is ORCAA's matrix for fines. It appears to him that the matrix is subjective to the inspector who writes the ticket.
Zahn stated he didn't know who ORCAA was until he was contacted by them. Living in the urban growth management area, Zahn stated, he had no way of gaining a burn permit. He use to obtained permits through the fire department but they no longer issue them. Zahn, noting there is no burning in the growth management areas, stated because he is an agricultural business he could walk that fine line and burn. ORCAA didn't recognize that, Zahn claimed. Zahn stated he didn't feel ORCAA should be using the matrix for these types of fines. Zahn noted that $1,700.00 is a lot of money and in the end, upon threat from ORCAA's attorney, he was able to settle by paying $600.00. Even that, Zahn stated, is a lot of money for the small fires that he burns. Zahn stated he felt the burn permits should be handled by the fire department rather than ORCAA.
Macleod, referring to the matrix, stated he felt it was an essential tool for this agency. Macleod asked how Zahn felt it could be used more responsively in agricultural circumstances. Zahn felt maybe it should be a set fine rather than progressive. Zahn stated this matrix is very subjective. Zahn felt that the enforcement officer was upset and that came into play when he chose the penalty amount. The officer was upset because my dog bit him, stated Zahn. According to Zahn, the inspector became a little aggressive and his dog is very protective. Zahn claimed he went to six agencies to try and obtain a permit, but he was turned down every time because there is no burning in the growth management area.
Foutch asked Gentry if agricultural operations are exempt in the growth management area. Gentry wasn't sure. Gentry noted in Mr. Zahn's case he was cited for burning prohibited materials and for burning without a permit. Gentry pointed out Mr. Zahn made the same arguments twice before the PCHB and they considered everything he said and found that his arguments, for the most part, were without merit. Gentry thought Zahn is eligible for an agricultural burn permit. Stedman stated that was true and we have been issuing Mr. Zahn permits as needed.
McGee asked Zahn what his agriculture consists of and how large an area is it. Zahn noted it is 80 acres and it consists of hay, berries and trees. There was further discussion. No action was required of the Board. The Board thanked Zahn for coming in and stated they would consider his comments.
UNFINISHED BUSINESS
School Bus Retrofit Program Update
Prior to updating the Board on the School Bus program, Dan Nelson stated he has been in contact with the Fire District Association and he will be meeting with them in the fall.
Nelson noted we are looking forward to some positive PR. Ocean Beach school district will be one of the cleanest bus fleets in the state. We approved funding to go towards their district to allow them to install particulate traps on their already very efficient emission systems. The state has a grant that will be provided to ORCAA very soon. Those monies will outfit all of Ocean Beach School District's buses and that money will also be made available to transit fleets. Jefferson Transit and Intercity Transit, here in Thurston County, will be eligible to participate in that funding as well. Also, Nelson continued, we got the new directive from state legislature allowing us to use some of the school bus funds for public fleets. Again, we'll work with Jefferson Transit and Intercity Transit to retrofit some of their fleet, stated Nelson.
Hamilton asked how available the new fuel is in the areas in question. Nelson noted the fuel is gaining popularity. There is a new manufacturing facility located in Wenatchee and a new distribution hub in Tacoma. Ocean Beach has had no trouble getting their fuel, according to Nelson. Stedman added that we do have placards that will be going on the buses stating the biodiesel is provided by ORCAA. There was some discussion regarding the diesel locomotive project staff has been working on. Macleod reiterated the importance of public announcements on this project.
Nelson ended by noting we are in the second phase of the bus retrofit program. We are now working on adding the crank case filters on all the buses that received the retrofits. Nelson stated we will also be providing a brochure to send home with the kids who ride the buses. The brochure will let parents know that their kids are riding cleaner buses. There was no action required of the Board.
Shake Mill Update
Stedman explained we have been spending quite a bit of time working on issues surrounding the shake mills and Ocean Protein. Apparently the City of Forks is planning on putting out an RFP for a feasibility study with regards to placing a co-gen facility in the area. In the meantime, ORCAA coordinated a meeting with Ecology, DNR and a representative of the shake mill operators. Ecology will allow the operators to store their waste rather than burn it as long as best management practices are used. Stedman noted the mill operators got together and hired an attorney, Anne Forest-Burns, who basically told them to stop burning. We do now, have compliance with the mills. Stedman stated he believes they are stockpiling waste in hopes of having a way to dispose of it in the future. Munro mentioned that he knew of at least two mills that were shipping their waste rather than store it. There was no action required of the Board.
Final Strategic Plan
Stedman noted that we have a final Strategic Plan. Stedman stated he has addressed Doherty's comments and we added statements noting this is a working document and it is flexible and not cut in stone. We will be using this Plan as a guide and everything in it is subject to Board approval.
Foutch moved adoption of the Strategic Plan for ORCAA 2006 through 2010. Macleod seconded the motion. Doherty stated he wanted to say that he feels that it is unfair to build expectations into a plan when it is unknown if you can reach those expectations. The wording to hire 5-7 more employees is a great thought, but again, in our county, Doherty continued, we will be cutting employees. Stedman pointed out that we have an incredible staff and it is only because of them that we have gotten where we are today. The Plan was a look at what would assist us the most. The real world comes into play, Stedman noted, when we put the budget together and realize that we do need an additional person, and maybe there are other places we can cut back. Stedman wanted to remind the Board that ORCAA is the largest local air agency in the state with regards to square miles but has a relatively small number of staff. We are spread thin, Stedman stated, and I will commit to working as efficiently as possible to get the job done. Hamilton noted, if we look at the revenue sources I don't think the amount that we pay at the counties and cities can even touch what Stedman and his staff has generated. McGee complimented Stedman and his staff for coming a long ways.
Hamilton called for the vote. The motion passed with a majority vote (7–1).
NEW BUSINESS:
Ocean Protein
Stedman explained Ocean Protein has been becoming quite well known around the area. This source has been a real strain on the agency. We originally recommended they not site their business in the city limits, however, they disregarded our recommendation and began building without a permit. We did cite them for building without a permit and fined them the $100.00 per our matrix. Stedman stated that we held a public hearing in Hoquiam that was attended by a few members of the public. Most people in Hoquiam are very supportive of the business. Unfortunately, this particular source generates a very strong odor that is very offensive to nearby residents. Records have been set with respect to the number of complaints received by ORCAA, Stedman stated. To date, we have had approximately 450 complaints in the past several weeks. We have issued 14 Notices of Violations and a Regulatory Order. Basically they can continue to operate as long as they do not cause an odor—something they assured us and the people of Hoquiam that they could do.
They have continued to process fish and cause odor impacts to the neighboring residences. Stedman explained that we did have Gentry go to court to try to get an order to shut them down. This brought Ocean Protein to the table and we were able to reach agreement with the facility to have our Regulatory Order enforced under court order. In the interim significant improvements were made with regards to odor complaints. Stedman noted we are looking at substantial penalties. We have not yet assessed them, but we are sure they will be substantial. We are also sure, Stedman stated, they would most likely contest any action. Some discussion followed. Stedman stated that for a limited time we are going to start up the on-call program due to the fact that most of our complaints are coming in after hours. One staff member lives in South Bend so he will be taking the after hour calls and dealing with the complaints down there. There was no action required of the Board.
City of Raymond Open Burning Violation
Stedman explained the city had an old stadium that they needed to demolish. Apparently, Stedman stated, they got bids to do the demolition; however, they ended up burning it rather than go through the proper steps to dispose of it properly. The pile was smoldering and we received a call from concerned citizens that were out watching a little league game. Stedman noted the pictures we have do show the pile of prohibited materials smoldering and some kids playing baseball in the background. We did write a notice of violation and came up with approximately $7,000.00 fine (including economic benefit). Stedman stated we worked with the city to reduce the fine providing they doing outreach by informing city residents and businesses about open burning rules. The city of Raymond will now be displaying posters on outdoor burning and health affects at city hall. In doing that, we have agreed to suspend 75% of the fine.
Stedman showed the Board a copy of the posters we have produced noting if they would like some for their prospective areas, to let us know. Burgman suggested the posters be distributed to the local health departments. Hamilton wanted the Board to know that the city of Raymond was going to pay the fine. In fact, she continued, it was basically hidden during the meetings and when someone brought it up they were quick to say ‘it is being dealt with' and move on. Hamilton encouraged them to work out a deal with ORCAA. She told them of the fish problem they had out in the county and praised ORCAA for the work they did to help out with that situation. Hamilton stated that she is proud to sit on this Board and proud to be able to say that ORCAA is a very professional and rational agency to deal with.
Director's Evaluation
Stedman noted it is time for his evaluation and asked what the Board's pleasure was with regards to completing this task. There was some discussion. The Board noted the personnel committee (employer/employee committee) would plan on meeting at 9:00am, prior to the next Board meeting.
Management Coaching
Stedman stated the former director, Barbara McAllister, for the EPA's Region 10, Office of Air Quality, had approached him. Ms. McAllister is now a consultant, Stedman stated. She does management coaching and has identified Stedman as a good candidate. She would like to coach Stedman. Because he has received no formal training since taking his position at ORCAA, Stedman would like to participate. The cost, Stedman noted, is $2,600. The training is spread out over several weeks.
There was some discussion. McGee suggested the employee/employer committee discuss this prior to making a decision. The Board agreed. Stedman stated he would get some information from the consultant to pass on to the committee.
Northwest Climate Solutions Membership
Stedman explained Northwest Climate Solutions is a non-profit organization that deals with climate solutions only in the northwest. They provide information and resources to the community and organizations to help them understand what is going on with greenhouse gases and other types of air pollution issues. Stedman noted he would like to buy a membership for the agency at the cost of $250.00 per year.
Macleod moved approval of ORCAA becoming a member of Northwest Climate Solutions. Munro seconded the motion and it carried unanimously.
Ending FY2005 Budget Report
Stedman noted he is providing a report to show the Board the closeout budget for June 30, 2005. Stedman pointed out that we had budgeted revenue of approximately $1.8million, however, we came in a bit higher, partially due to the school bus retrofit grant. The Board praised staff for an excellent job.
The meeting adjourned at 11:37 am.
PRESENTED BY:
Richard A. Stedman, Executive Director
APPROVED BY:
The Majority of the Board
APPROVED and SIGNED this 14 th day of September 2005