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Showing posts with label Newport. Show all posts
Showing posts with label Newport. Show all posts

Wednesday, November 15, 2017

Conflict of Interest Weighs on Newport Planning Commission Chair Who Sold Land to Developers on Project He is in Charge of Overseeing

This article is authored by Laura E. Pride Verbout, attorney, a Newport resident who lives on Ria Lake that is impacted by the proposed Bailey Meadows development.

The chair of the Newport Planning Commission, Kevin Haley, has sold key lake front property to housing developers while at the same time being responsible to oversee that the project is to city standard. Most would call that a conflict of interest. On his former land they plan to build 7 homes. They will cost a predicted half a million dollars each. He purchased the property for $155,000 years ago; He refuses to say how much he sold it for; He refuses to remove himself from the planning or the commission decision making and the votes; He denies any conflict of interest; and blames the Met Council for one of the most high density single family home developments one can find in the County.

Bailey Meadows Development is a proposed "mix of high density to medium density residential housing" for 200 homes in Newport. The project centers around land between Ria and La Lakes. From the start, the project has felt rushed through the approval process. Leaving residents, like myself, to attend meetings to bring up our many concerns. Oversight the planning commission should be leading.

For example, in the July 2017 planning commission meeting a resident who lives down the road from me on lake Ria pointed out the lack of environmental consideration the development has. The resident referenced his background in construction and stated the lake levels could be affected by development and the wildlife could be negatively impacted too. Stating "I guarantee there won’t be wood ducks on the lake anymore if 200 people throw a canoe into the lake anytime they want." In the meetings that followed the commission put in vague land use restrictions for those living within 1,000 feet of the lake and put the DNR in charge of public water access. Whether that is good enough to protect the wildlife from 200 new residents will remain to be seen.

In other planning commission meetings residents, besides myself, brought up concerns that everything from added street and residential lighting to increased traffic on existing roads would be unwelcomed changes. Other's commented the development seems like a gated community; noting the lack of parking to access the trail and a small park planned. The head of the planning commission Kevin Haley always seems to be the first to interject with a defensive response. For example telling the resident concerned about extra neighborhood lighting stating that it's a federal law and there's nothing the city law can do to supersede it. 

It seemed odd at first seeing our concerns, the environmental impact, and even details about utility placement and cost taking a back seat. That is until the November 9th planning commission meeting where it was found that he has sold property to developers in the proposed development. He's listed as one of four property owners at:
3025 Bailey Road NE, Newport, MN 55055


His lake front lot is large enough to fit seven half a million dollar houses on. As one of four land sellers and with so much power, one can imagine the great incentive he had to to meet the developers needs over the surrounding residents. The story develops further when you see that Haley's planning commission pushed to shrink the current city density ordinances to fit the most homes possible on the property. When approved this translates to even more value to Mr. Haley's property. See page 12 of the PUD November 9th meeting:

"Single-Family lots: 
Reduction in side setbacks for Single-Family lots from 9’ to 7’ on the dwelling unit side. 
Reduction in lot depth from 120’ to 110’ 
Decrease in minimum lot area from 7200 square feet to 6050 square feet 
Villa lots: 
Reduction in side setbacks for Villa lots from 9’ to 5’ on dwelling units side 
Reduction in minimum lot area from 7200 square feet to 6,000 square feet"

There's other questionable requests for exceptions in the proposal that benefit the developer's profit such as:
-"If the developers build the trail, the cost of the trail may be included in the park dedication fee." It seems odd to have the tax payers not in the development pay for trails around it.
-Decreasing street right-of-way from 60' to 50' 
-Decreasing the width of the city standard street from 31' to 28' (saves developer money and boosts property size and profit)
-"Surmountable curbs" instead of city standard "B-16" curbs stating it "allows more flexibility for designing homes and driveways on narrower lots"

At one point the County responded to the planning commission's unsafe request about the 50 foot of right-of-way stating that type of roadway needs 75 feet of right-of-way to be safe in an October 27th letter to the planners. Other overlooked safety concerns were explained by the County. 
-"road A" has 30 foot change in grade (height) in a short distance. Stating they should reconsider this steep of a road.
-That the intersections leading into the development should have center of the road left hand turn lanes given just the current traffic volumes on the road not to mention the future traffic by the year 2030.
-The drainage ponds need to be proven adequate to prevent runoff (apparently their design from Haley's Newport PUD appear to small)
-The design submitted to the County appears to not have sound mitigation measures in place that are required by law.

Everything about the Haley's planning commission appears to focus on putting the biggest houses on the smallest lot sizes possible in a development with the smallest roads possible with the least amount of added costs for the developer. Anyone can look at the design, even at a glance, and note this development is uncommonly tight, especially compared to neighboring housing developments.

Kevin Haley responded when asked about his apparent conflict of interest, refusing to step down from decision making or voting on the plans that appear to favor the developer's profits over the residents concerns. Even in this late stage of planning. He stated "The Final and binding vote is with the city council. As far as street width, lot size ect. the Met Councils directives have a large influence, along with costs to provide sewer and water. The sale price of the small acreage on my parcel will be available from the county when it is finalized."

This response is of no comfort to neighbors of this cramped development who will be affected by the added traffic and affect on the lakes. Blaming Met Council is a poor excuse as they do not control how an area is zoned. The planning commission could have seen how bad the zoning was and intervened. The head of the planning commission should be a safeguard for the city residents from concerning development like this. They are an important role between a developer and a city council. Without a good planning commission head you can get a development rubber stamped and sent to the city council for final approval where at such time it is too late to send developers back to the drawing board without consequence. 

City Councils do not have time to be the middle man between developers and city, county and state code so they put it on the planning commission. In this case, the planning commission oversight has terribly failed. Hopefully the city council will realize the mistake of letting Kevin Haley run this project with such disregard for the needs of the current residents and the two lakes. The Newport City Council vote is this Thursday at 5:30pm. 



Tuesday, March 8, 2016

Washington/Ramsey County Garbage Processing Plant, 6 Months In; Failing? Counties Refuse to Answer.



The $170 Million Dollar Washington/Ramsey County Plan to Take Over Private Sector Garbage Processing was approved August of 2015. As predicted, the counties are letting tax payers and the environment down despite spending tens of millions of tax dollars. The evidence is the response (or lack of) we received to the email we sent to the Washington and Ramsey County Commissioners and the members of the "Recycling and Energy Board"... formerly the Ramsey/Washington County Resource Recovery Project Board. 

Six major problems in their plan we objectively questioned. The questions came from reviewing their meeting minutes found on their website morevaluelesstrash.com. we asked about facts such as evidence they don't have the contracts from haulers to deliver the required amount of trash that is burned at the incinerators in Red Wing and Mankato; How the tipping fees are no where near the levels needed to be sustainable; and the fact, with the EPA's own numbers, burning trash is not more environmentally safe. The response we received was from Judy Hunter, Senior Environmental Program Manager. She stated: 

On Tue, Mar 1, 2016, Judy Hunter <Judy.Hunter@co.washington.mn.us> wrote:

Your email of Monday, February 25, 2015, Subject: 6 questions of Counties on your plan to run the garbage processing take over, sent to Zack Hansen (Ramsey County staff) and Ramsey and Washington County Commissioners, did not request any existing government data.
Information on the questions you raised can be found on the Ramsey/Washington Recycling and Energy Board website www.morevaluelesstrash.com

Judy Hunter
Washington County

If they would have read the questions (assuming they did not), they should have realized the questions came from the lack of answers on the website referenced.

After you read the questions you may understand the gravity of why they are so important to answer. The matter is $170 million dollars serious; the freedom of the private garbage haulers being stripped; and not to mention the millions of tons of pollution that is put into the air.

Why is no one accountable enough to answer these questions? Feel free to copy and paste the email and send it to the recipients. These are our elected officials who appear to have no interest in providing answers to this massive problem.





Date: Mon, Feb 15, 2016
Subject: 6 Questions of Counties on your plan to run the garbage processing take over
To: Zack.Hansen@co.ramsey.mn.usJudy.Hunter@co.washington.mn.us
Cc: blake.huffman@co.ramsey.mn.usMaryJo.McGuire@co.ramsey.mn.usjanice.rettman@co.ramsey.mn.usToni.Carter@co.ramsey.mn.usRafael.E.Ortega@co.ramsey.mn.usJim.McDonough@co.ramsey.mn.usVictoria.Reinhardt@co.ramsey.mn.usfran.miron@co.washington.mn.usted.bearth@co.washington.mn.usgary.kriesel@co.washington.mn.uslisa.weik@co.washington.mn.uskarla.bigham@co.washington.mn.us,



To the New Recycling and Energy Board and County Commissioners

Here are pivotal questions following the Ramsey and Washington Counties move into the private sector garbage processing business with the approval of the $170 million dollar plan that started with the purchase of RRT in Newport. 

Please answer these six questions for the media, the public, legislators, and others who have a right to know what your plan exactly is now 6 months after the purchase.

You (the board) state in the 2015 published Life Cycle Financial Analysis that you essentially went in blind with the purchase of the Newport facility (RRT): (p. 16 of the pdf)
"RRT has consistently refused to provide exact costs for operations nor the associated labor agreements, Xcel contracts, etc. that would provide actual operating cost data. The costs shown assume County(ies) operation."

This leads me to the following questions we hope the media will follow up on should you refuse to directly answer:

1.) we see on p.49 of your October 22nd meeting agenda that you expect 385,000 tons of MSW to be delivered to the Counties owned Resource Recovery plant. This seems possible now that you finally have a report from their open books (after the purchase) in this November 2015 posted document on your website: assessment_of_the_processing_capacity_part-1.pdf

However, on page 163 of your December R&E board meeting your consultant "Foth" says you need at 380,000 tons to be delivered to make good on the contracts with the garbage burners. On the next page it says "To date, Board staff has received indications of commitment to deliver approximately 310,000 tons per year of Ramsey/Washington waste." For one, "indications of commitment" seems shaky... tax payers need binding contracts to meet the 380,000 tons. Has the R&E board locked in the delivery contracts? If not, by when? Surely you're not banking it all on the MPCA to enforce the mandate you plan to put in place (in two years) to attempt to force haulers to deliver to your plant?


2.)  In accordance with the MPCA and EPA rules incinerating trash is the third priority for trash disposal with Source reduction and Recycling ranking highest. According to p. 26 of the Life Cycle Financial Analysis only 23% of (non-ferrous) recyclables (which was only aluminum to RRT according to your processing report p.23) are removed from the current set up at the Newport plant... implementing what you call "Mixed Waste Processing" would over triple that to 85% recovery according to your MWP fact sheet... why are you waiting until (at best) "potentially" 2018 to do this (according to p.42 of the May 28th 2015 Resource Recovery Board meeting)? You seem to over complicate MWP by insisting organics, ethanol production, and other expensive processes have to be involved right away... you don't... simply expand and improve the inefficient sorting at RRT. Sort out the recyclables (and organics just for compost not costly fuel production) similar to the sorting facility you toured in San Jose' California... this could be arranged in weeks to months not years. This would dramatically increase the County's 51% recycling rate closer to the 75% goal... where as the first two years of your plan do little difference from the strategy of the past.
not hard: 


3.)On page 24 of the December 2015 R&E meeting we find out that RRT was held to strict standards on the trash they sent to be burned to ensure it would be adequate for the power plant's use. Specifically, guarantees that it would burn for the electricity generators in Red Wing and Mankato. In the 61 page detailed processing report on how RRT works there is no mention of dedicated systems to remove paper, cardboard, wood, plastic and other recyclables that burn from the processed trash. When environmentalist Alan Muller toured the RRT plant last year and he confirmed "They take out a little steel and aluminum.  They don't take out paper and plastic and I can't imagine they every would as that's the fuel value the burners want."

According to your MWP fact sheet these combustible items make up a significant percentage of garbage. 

A recent 31 page environmental study of the Hennepin County Resource Recovery Facility and Incinerator found 51.4% of the material burned is recyclable material:  http://www.scribd.com/doc/169129725/MPIRG-Report-HERC-Reevaluating-Waste-Management-in-Minneapolis
This is a conservative estimate as other local environmentalists say the percentage of recyclable materials burned is closer to 66%. http://minneapolisneighborsforcleanair.com/herc

When RRT owned the Newport Facility they had every incentive to leave these combustible recyclables in the trash they sent out to be burned. They got bonuses for delivering over 250,000 tons (p.28 of December 3rd meeting). Most importantly it helped them meet two of their strict requirements (of many) 
1.) they had to deliver at least 320,000 tons of trash to be burned (p.50 of December 3rd meeting); 
2.) that trash had strict minimum combustibility standards or it was rejected and they were in violation of their contracts and fined six figure sums.

Now that the Government runs the plant you appear caught between meeting MPCA recycling goals by removing combustible recyclables from the product versus leaving them in like RRT had and Hennepin County does and ensuring you're meeting your major obligations to the incinerators. 

On page 163 of the December meeting your adviser "Foth" said “the Newport Facility can fulfill the Fuel Supply Agreement provided there is at least 380,000 tons of MSW delivered to the facility" to meet the contracts you are making with the garbage burners... That's cutting little to no room to remove recyclables since you are expecting 385,000 tons to be delivered. 

Hennepin County is choosing to continue to burn recyclables rather than removing them. However, you promised the public that buying RRT would promote our County's recycling; turns out the evidence shows that's not possible without drastically reducing the quality and quantity of the trash delivered under contract to Redwing and Mankato. What will the counties do in 2018 if you actually implement mixed waste processing and subsequently produce significantly less trash to burn that would likely not incinerate to the expected standards? 


4.) According to p.50 of October meeting you're expecting $26.9 million in revenue from haulers... Your math doesn't seem to add up: With your assumed 385,000 tons coming in and charging haulers the same $58/ton net they've been paying that's only $22.33 million in revenue (net)... It appears you're counting your gross income of $70/ton on 385,000 tons and neglecting to subtract the $4+ million you're paying out with the $12/ton rebate. Why not be honest and transparent and talk net instead of the false impressions gained with talking gross income?

5.) On that note, you claim to "save" $4.38 million dollars by lowering the $86.22 tipping fee down to $70 in the November County Board meeting report to the Board (p. 49). I'm not an accountant, but this doesn't add up as a savings since the facility is publicly owned. The tax payers are still covering the cost above $58/ton to process (same net tipping fee as last year). 

For example: Whether you left the tipping fee at $86.22 and still gave the $28/ton rebate or if you're doing a $70/ton tipping fee and shifting the rebate down to $12 (as you are now).... it's still the same $58/ton in revenue.... You might as well said you're putting the tipping fee at $58 and offered no more rebates... all three situations have the same net result. 

However, if you revealed the fact you are only making $58/ton net you'd lose millions a year like the other publicly owned recovery facilities that are left in MN... so you keep the fee at $70 and subsidize what looks good to $58 with a $12/ton rebate?:
Minnesota 2013 Public Facilities Tipping Fees: *(according to the RRPB Feasibility report)
*Olmsted Waste to Energy Facility (OWEF).............  $83/ton (losing a $1 million/yr)
*Perham Renewable Resource Facility..................... $100/ton
*Pope-Douglas Resource Recovery Facility............ $ 82/ton
*(closed in 2014) Red Wing Solid Waste Management ..... $72/ton (was losing $500,000/yr)
Polk County Resource Recovery Plant .............. $83.64/ton in 2014 (p.46 of Todd Co report)
*Hennepin Energy Resource Co. (HERC).......... $60/ton (loses $1.8 million/yr)    

Yet on page 59 you indicate you'll be making a $2 million dollar profit... Could you please better explain how a public owned facility only making net $58/ton is to be profitable?  Are you not calculating debt service, the $6.6 million in needed repairs, and all other costs that it takes to completely run this business? Or are some expenses shifted to the board to shelter losses? 
6.) At the August 27th meeting minutes (p. 6 of pdf) "Commissioner Bigham noted that when RRT announced their intent to sell, she changed her mind on the decision to acquire.  She stressed that the facility is not an incinerator nor is it a hazardous waste incinerator." Technically that's true, so is the fact more landfill use is not the right answer, nor is the status quo appropriate, we agree on a lot. However, the same rationale of detaching the Newport facility from the incinerators it directly fuels is the same logic as a tobacco company detaching themselves from what their product does to the public just because they're not directly lighting the cigarettes. The Newport facility may not light the garbage on fire... but the practice wouldn't happen with out processing plants like Newport. 

Please answer to the fact:
About 30% of garbage is unburned in the incinerators we send garbage to from the Newport facility and this toxic ash is sent to landfills according to your own research (p. 22 of Life Cycle Financial Analysis)
For the 70% that is burned off over 3 million tons of harmful chemicals are released into the air (not counting the hundreds of tons of CO2) according the MPCA. How come the Resource Recovery Board, or "Recycling and Energy Board" as you now call it, refused to consider any other recycling alternatives to compare along side the purchase of the Newport FacilityAlternatives such as a massive ramp up in sourced recycling incentives, weekly recycling pick ups (instead of every other week), and many more options that Environmentalists like Alan Muller, Nancy Cohen, Eureka recycling, Neighbors against the Burner, and the dozen other local leader's ideas for Recycling support. They spoke often at your meetings (including the October meeting). 

Thank you for your time and consideration.


Saturday, May 2, 2015

Newport Transit Station, $6.45 million, No Riders, and No Surprise

The $6.45 million dollar Newport Transit station, the first expensive part of many to the Red Rock Corridor had their open house last Monday and from all accounts the vast majority who attended were only the politicians, planners, and people with vested interest to see it built. They spoke of being surprised of it's lack of use... BY THEIR OWN REPORT they shouldn't. Here's their nearly two year old 2030 prediction of 7 riders a day at this stop:





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