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1995 11 14u w u 5051 MOSES LAKE CITY COUNCIL November 14,1995 Council Present:Wayne Rimple,Chet Paine, Bob Chapman,Dick Collier,Bill Reese,and Richard Pearce Absent:Daryl Jackson MINUTES:Mr.Collier moved that the minutes of the October 24 meeting be approved as submitted, seconded by Mr.Chapman,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Paine, and passed with Mr.Rimple abstaining from voting for that portion of the bills to Faber Industrial Supply. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense reimbursement claims certified as required by RCW42.24.090,have been recorded on a listing which has been made available to the City Council. Claims:The vouchers included on the below list as modified by the Council and noted upon said list for the Council meeting of November 14,1995 for the funds listed below are approved in the amount of $243,961.57. GENERAL FUND STREET EQUIPMENT LEASES STREET IMPROVEMENT PARK &RECREATION IMPROV WATER/SEWER FUND WATER/SEWER CONSTRUCTION 6,522.05 WATER/SEWER LEASES Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $127,815.23 for all funds. GENERAL FUND CENTRAL DRIVE LID WATER/SEWER FUND $34,025.46 SANITATION FUND 80,532.92 5,659.90 AIRPORT 15,330.95 601.02 UNEMPL COMP INS 2,703.69 5,372.83 CENTRAL SERVICES 8,710.85 500.40 EQUIP RENTAL-OPERATIONS 36,422.39 34,992.27 BUILD MAINT-OPERATIONS 11,828.49 6,522.05 M L YOUTH PARTNERSHIP TF 368.45 389.90 TOTAL $243,961.57 $773.30 SANITATION FUND 50,000.00 75,585.26 CENTRAL SERVICES 5.53 986.14 M L YOUTH PARTNERSHIP TF 465.00 TOTAL $127,815.23 Checks:Checks 46740 through 46986 issued on October 25, 1995 were approved for payment at the Council meeting held on November 14,1995 in the total amount of $428,517.49. Payroll:The payroll issued on October 20, 1995 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 91972 through 91987 in the amount of $8,107.20. Payroll:The payroll issued on November 3,1995 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 91988 through 92155 in the amount of $200,574.65. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA Acceptance of Work -1995 Slurry Seal Project:Blackline,Inc.has completed construction of the 1995 /0/f-/j Slurry Surfacing Project.The work should be accepted and the 30 day lien period entered into. Acceptance ofWork -Well #7 Pump &Packer Test Project:Irrigators,Inc.has completed construction //7s5 of the Well #7 Pump & Packer Test Project.The work should be accepted and the 30 day lien period entered into. Sign - J. R.Economart:J. R.Economart is requesting permission to place a new Chevron sign on an /D£D existing pole in city right-of-way at 1014 W. Broadway. Resolution -Accept Utility Improvement-E.Broadway:A resolution was presentedwhichaccepts awater //&& main in E.Broadway. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Collier,and passed unanimously. 5052 CITY COUNCIL MINUTES:2 November 14,1995 IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS nqOf PORT OF MOSES LAKE -PASSENGER TERMINAL PROJECT David Bailey, Portof Moses Lake, stated that airtraffic has doubled in recent years and so the Port has developed a public awareness program concerning proposed new developments at the Port including a new passenger terminal complex. Albert Anderson,Industrial Development Manager, Port of Moses Lake,stated that the Port provides services and facilities foraviation and industry inthe greater Moses Lake area. He presented the Council with informationon the existing facilities and proposed improvements at the Grant County Airportincluding a proposed new airport passenger terminal project. 'I ORDINANCE -CENTRAL DRIVE LID #58 - 1ST READING A final assessment roll for LID #58 was presented along with an ordinance confirming the assessment roll. The public hearing was opened.There were no comments. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Collier,and passed unanimously. The ordinance approving and confirming the assessments and assessment roll of LID 58 which has been created and established for the purpose of paying the cost of improving the Central Drive area between Grape Drive and Valley Road, Grape Drive between Central Drive and Highway 17, Central Place, and Evelyn Drive between Crest Drive and Central Drive area by constructing and installing full width street improvements including paving, curbs, gutters, storm drainage,sidewalks,landscaping,street lighting, electrical transmission and distribution alterations, and traffic signalization in the City of Moses Lake as provided by Ordinance No. 1692 and levying and assessing the amount thereof against the several lots, tracts,parcels of land, and other property shown on said roll was read by title only. Joseph K.Gavinski,City Manager,requested that the ordinance be tabled until futher information is recieved from the city's bond broker on interest rates for the LID bonds. Action Taken:Mr.Pearce moved that the first reading of the ordinance be tabled,seconded by Mr. Chapman,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS sp ORDINANCE - LONGVIEW ISLAND ANNEXATION - SINGLE READING An ordinance was presented which corrects the legal description for the Longview Island annexation. The ordinance amending Ordinance 1678 which annexes certain specified territory to the City of Moses Lake,Washington,and incorporating the same within the corporate limits of the City of Moses Lake, and which provides for the assumption of existing indebtedness and establishes the zoning was read by title only. Action Taken:Mr.Collier moved that the ordinance be adopted on a single reading,seconded by Mr. Pearce,and passed unanimously. \Q/0 ORDINANCE -AMEND 1995 BUDGET -2ND READING An ordinance was presented which amends the 1995 budget. The ordinance amending the 1995 budget forthe City of Moses Lake,Washington,was read by title only. Action Taken:Mr.Reese moved that the second reading ofthe ordinance be adopted,seconded by Mr.^^^ Pearce,and passed unanimously.( ) ,01 0 ORDINANCE -ADOPT 1996 BUDGET - 1ST READING An ordinance was presented which adopts the 1996 Budget. The ordinance adopting the budget forthe City of Moses Lake,Washington forthe year of 1996 was read by title only. Action Taken:Mr.Collier moved that the first reading of the ordinance be adopted and a public hearing be set for November 28,seconded by Mr.Chapman, and passed unanimously. n n u ^J KJ 5053 CITY COUNCIL MINUTES:3 November 14,1995 ORDINANCE -SIDEWALK CONSTRUCTION -1ST READING An ordinance was presented which eliminates the requirement to install pavers on the northwest side of Fifth Avenue from Balsam to Pioneer Way.The amendment is being requested because there is insufficent right-of-way for paver installation in this area. The ordinance amending Chapter 12.12 of the Moses Lake Municipal Code entitled "Sidewalk Construc tion"was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS ORDINANCE -BENSON ZONE CHANGE -1ST READING Mark Benson has requested a zone change of Lots 7-11,Broadripple Addition #1,located at the intersection of Nelson Road and Division from R-1,Single Family Residential,to R-2,Single Family and Two Family Residential. The zone change is to facilitate the future development of the property into duplex uses.The Planning Commission recommended that the zone change request be denied. Sue Benson,representing the project,stated that this zone change could be considered a buffer between the existing R-1 and R-3 zones.The traffic problems in this area will remain no matter how this particular piece of property is developed.She pointed out that the height restrictions are the same in both the R-1 and R-2 zones and there are sidewalks on Division.She mentioned that the existing alley is dedicated public right-of-way which the existing home owners have blocked with vehicles,buildings,etc.She would like to see the alley remain open to vehicular travel. Marie Anderson,1139 Ashley Way,felt this would be a spot zoning and the zone change would benefit only one person.She was concerned about the use of the alley as a main access.She pointed out that the city has never maintained the alley and it has never been used as an alley.She mentioned that in the winter alltraffic uses Chuckie Lane because Nelson is so steep.The intersection of Nelson and Division is dangerous and there have been several accidents at this location in the past few months. Anthony Dillon,Vue Place,was concerned with traffic and the dangerous intersection of Nelson and Division.He pointed out that the topography of the area will make it difficultto provide off-street parking for the lots. Marjorie Dillon,Vue Place,was concerned about the traffic at Nelson and Division since it is a dangerous intersection. Roger Fairbanks,1133 Ashley Way and owner of 1127 Ashley Way,stated that he would like to see the area remain R-1. He pointed out that in the winter Chuckie Lane is the only access to Division since Nelson is impassable.The proposed development would have to have access either from Division or the alley. Walker Thomas,1150 Ashley Way, felt that the topography of the site could very well preclude building. If duplexes are built,they would reduce the property values as rental property is not as well kept up as owner-occupied homes. Mr.Paine was in agreement with the Planning Commission's recommendation. Mr.Reese felt it would be spot zoning if the zone were changed. Mr.Chapman felt that duplexes would be out of character for the neighborhood and would be opposed to the zone change. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr.Pearce moved that the rezone request bedenied and the Findings of Fact be accepted, seconded by Mr. Collier, and passed unanimously. ORDINANCE -BOYDEN ZONE CHANGE -1ST READING Rich Boyden has requested a zone change from R-1,Single-Family Residential,to R-2,Single and Two- Family Residential,for Battery Orchard Tract 56 less Tax #8327,for the purpose of developing a manufactured home park.The property is contiguous to R-1, R-2,and R-3 zones.Wapato Drive,the proposed access street,is graveled;city water and sewer services are available.The Lower Peninsula is partially developed with concentrated pockets ofhousing on the interior and along the lake shore; large tracts of vacant land separate the housing developments.The Planning Commission recommended that the zone change request be denied due to increased density and traffic. //&/ >lW )l4Q 5054 CITY COUNCIL MINUTES:4 November 14,1995 Hank Robinett,co-owner of Peninsula Estates,stated that they have a long-term commitment to Moses Lake and have communicated with the area's property owners to convey their plans for this property. He pointed out that there is a great demand for additional housing in Moses Lake and mentioned that a petition in support of the project with 249 signatures has been given to the city along with 10 letters of support. Ron Baker, Boundary Engineering,representing this development,stated that the zone change is being requested so that a manufactured home parkcan be constructed.The parkwould be an expansion of the existing Peninsula Estates which iscompletely developed and occupied.Other manufactured home parks /"^ inthe city are also full.When the projectwas presented inthe past, the zone change was denied because of available space in existing manufactured home parks. He pointed out that a manufactured home park is a single family residential development with a little higher density than a conventional stick built development.He pointed out that a manufactured home park may be developed with 6.7 units per acre while a conventional development has 6.1 units per acre. A report from a traffic engineer states that a single family residential neighborhood has 9.5 vehicle trips per day and a manufactured home park has 4.8 vehicle trips per day. He pointed out that there will be no traffic impacts on Peninsula as traffic will exit onto Wapato Drive.He stated that the parkwould be enclosed with a 6' fence alongwith landscaping in order to buffer the existing residential developments from the park.Wapato Drivewould be improved full width with sidewalks on the side of the manufactured home park. He mentioned that the center of the property is about 10'higher than the property on Pacific Street but the immediately adjacent land is the same height.Since this was an ash disposal site there was some concern about problems during construction.Test holes were dug and ash ranging from half a foot to two and half feet in depth was discovered.During construction the area would be watered to keep the ash and dust down and the ash would be intermixed into the dirt.The landscaping will also help hold the ash in place.Irrigation water will be provided from a well in the existing park.The proposed development will meet all city codes and provide for needed housing in Moses Lake.The zone change is being requested at this time due to the lack of available housing in Moses Lake,the plans by the Department of Transportation to remove the bridge on Wanapum and upgrade the off-ramps for I-90,and the lack of affordable housing in Moses Lake. He mentioned that the Planning Commission's decision was based on the information available to them at the time concerning trafficand density. The Commission was not informed that a park produces half the vehicle trips perday that a conventional residential development would produce and density is not that much greater. The developers believe that a manufactured park at this location would be in the public interest and would not be detrimental to the surrounding property. Rick McCardle,consulting engineer for the project,pointed outthat only double and triple wide manufac-'' tured homes will be placed inthis parkwhich will have the same rules and regulations as the existing park. The parkwill generate less traffic and have less impact on the surrounding propertythan a conventional single family subdivision. Also, the perimeterof the parkwill be fenced and landscaped to bufferthe park from existing developments and will have a 20'setback from the existing R-1 properties. Andrea Mortier,4103 Peninsula, feltthat 67 units was high density and Mr.Boyden knew the zoning when he purchasedthe property.She stated that she purchased property on the peninsula because itwas rural in feeling. Bruce O'Dell,owner of Battery Orchard Tract 57,stated that he has 660' of property adjoining this project and there is an agreement forlandscaping on both sides of the fence. He was concerned about a change of ownership of the park in the future and the possible deterioration of the park. He was concerned over the devaluation of his property. Becky Van Pelt, 524 Pacific, and owner of 523 Atlantic, both pieces of propertywhich are adjacent to this development,pointed out that no conditions have changed since the first zone change request in 1988 was denied.The denial of the zone change was based on the objections of the neighbors and the fact that there are only two access from the Peninsula area.She pointed out that many of the people signing the petition presented by Mr.Boyden reside in the Peninsula Estates Manufactured Home Park. Claudette Schlaefdi,4101 Peninsula,pointed out that the property owners on the Peninsula object to the zone change. Debra Ponti,533 S.Pacific,pointed out shehas three manufactured homes along her back lot line.She _^ felt the density was too high.f ) Bob Schlaefdi,4101 Peninsula,stated that zone changes have been requested for this property before and were denied.He was concerned that allowing this zone change would set a precedent for additional zone changes on the Peninsula.He felt that this request would be spot zoning. Anthony Dillon,3535 Wapato,wanted to know what the improvements to Wapato Drive would be. He mentioned that many lots in the Peninsula area are larger than required which gives a rural feel to the area.Keeping the area R-1 will keep the density lower. Brian Van Pelt,524 Pacific,was concerned about allowing the park because of the density and the fact that people in this area enjoy a rural setting. 5055 CITY COUNCIL MINUTES: 5 November 14, 1995 Shirley Kvamme,3107 W. Lakeside, feltthat ifthe zone change should be granted,the developers should be required to meet the development standards they have proposed. Bill Ecret,4325 W. Peninsula, pointed out that there is another manufactured home parkon the Peninsula and the granting ofthis zone change could set a precedent. The Peninsulais a rural setting and quietand he would like to see to remain as is. Ron Baker pointed out that manufactured home parks are a conditional use and the city regulates the size of the lots. He pointed out that the rural atmosphere of the Peninsula is due to the fact that not much ,i development has taken place in this area. Most of the development on the Peninsula has taken place ^-^along the lake with the central area left vacant.Wapato will be paved full width with curbs and sidewalks on one side. Rick McCardle pointed out that immediately to the westthere is an R-3 zone with R-2 to the north and R-1 to the west and south, so the property is not an isolated R-2 zone.Itis an extension of an existing zone and use.The zone change is in the public interest as it will provide for needed housing in the city. He mentioned that the buffer between the park and Mr.O'Dell's property does include landscaping on both sides of the fence. A petition with about 59 signatures opposed to the zone change was received and a petition with 249 signatures is support of the zone change was received along with letters of support from Dawna VanTrojen, Gary Mann,Darwin & Linda Beehner,Helen Wilson,James &Vallory Fletcher, Gerald G. Simon,Harley Brotherton, Mack and Joe McCullough, Cina Massigall, and Michael Knudsen. Mr.Chapman stated that there is a very low vacancy rate in Moses Lake at the present time and additional housing is needed.The Growth Management Act directs municipalities to fill in vacant land within a city's boundaries before expanding into county property.The recent Housing Needs and Assessment Analysis report indicated the need for housing in all economic levels of the community.He did not feel this would be a spot zone since there is an existing manufactured home park immediately adjacent. Mr.Pearce pointed out that the surrounding property owners purchased property with the expectation that this would remain an R-1 zone.He took exception to the number of vehicle trips per day since it is reported that manufactured homes are becoming more popularwhich means families willbe living in them which will create a higher traffic count than when mainly retired peopled lived in them. '\_J Mr.Collier was in agreement with the recommendation ofthe Planning Commission. Mr.Reese felt that there is a need for additional housing and this would not be a zone change. Mr.Paine was in favor of the zone change. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr.Pearce moved that the request request be denied and the Findings of Fact be accepted,seconded by Mr.Collier, and failed with Mr.Pearce and Mr. Collier in favor. Mr.Rimple mentioned that housing in Moses Lake is ina critical state at the present time. He pointed out that there is an R-3 zone directly across Wapato Drive fromthis proposed zone change.He felt that this zone change would be good planning. Mr.Pearce felt that approving this zone change would be a mistake. Mr.Collier feltthat ifthe zone change is approved, conditions should be placed on any binding site plan to minimize the commercial aspects of the development. ActionTaken:Mr.Chapman moved that the first reading of the ordinancebe approved,seconded by Mr. Paine, and passed with Mr.Chapman,Mr.Paine,Mr.Reese,and Mr.Rimple in favor. RESOLUTION -BUILD ON UNPLATTED PROPERTY -MOSES LAKE SCHOOL DISTRICT jj^vj \^J The Moses Lake School District has submitted a request to build on unplatted property for the Frontier Junior High site, which is Tax #1184.The request is sought inorderto allow the construction of a pole sign that will support a 5'by 10' readerboard sign. The Planning Commission recommended that the request be granted. The resolution allowing the Moses Lake School District to build on unplatted property was read by title only. Action Taken:Mr.Reese moved that the resolution be adopted, seconded by Mr.Paine,and passed unanimously. )\& $0 5056 CITY COUNCIL MINUTES:6 November 14,1995 ^RESOLUTION -BUILD ON UNPLATTED PROPERTY -MOSES LAKE STEEL SUPPLY Mr.Rimple exited the room due to a conflict of interest on this item. Wayne Rimple,Moses Lake Steel Supply, has submitted a request to build on unplatted property. The request is sought in order to allow the construction of a 6,000 square foot building on Lot 1, Block 7, Sunset Park Addition and on portions of Tax #3345 and 3278.The proposed addition will only encroach onto the unplatted property by approximately 5'.The Planning Commission recommended that the request be granted with the stipulation that a covenant run with Tax #3345 and Tax #3278 for future street and utility improvements toCommerce Street and West Broadway.(~~*) The resolution allowing Moses Lake Steel Supply to build on unplatted property was read by title only. Action Taken:Mr.Collier moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. ,A RESOLUTION -BUILD ON UNPLATTED PROPERTY -SHINES Oscar Shines has submitted a request to build on unplatted property at 1222 W. Concord, which is a portion of Tax #1868.The request is sought in order to allow the construction of a new 24' by 24' detached garage on the subject property.The Planning Commission recommended that the request be granted with the stipulation that a covenant run with the land for street and utility improvements at a future date. Gary Harer, Municipal Services Director,pointed out that Concord Avenue is a private road and there is no fire hydrant within 300'.The closest fire hydrant is on Grape Drive. Dave Helms,Fire Chief,pointed out that before a building permit can be issued,the requirements of the Uniform Fire Code relating to fire flow must be met.There is no fire flow in this area. James A.Whitaker,City Attorney,pointed out that even if the request to build on unplatted property is granted, that does not circumvent the requirement for provision of adequate fire flow.If that provision cannot be met,a building permit cannot be issued.He mentioned that alternatives to extending city water to the area,such as a reservoir or a sprinkler system for the proposed building, are available the could meet the fire flow requirement. There was some discussion by the Council which emphasized that giving permission to build on unplatted property would not eliminate the need to meet fire flow requirements before a building permit could be issued. The resolution allowing Oscar Shines to build on unplatted property was read by title only. Action Taken:Mr.Chapman moved that the resolution be adopted,seconded by Mr.Pearce,and passed unanimously. n Ill (/LAKELAND ADDITION FINAL PLAT Columbia Northwest Engineering has submitted a final plat for a 29 lot major plat located east of SR-17 and north of Nelson Road. The proposed subdivision will be served with city water and sanitary sewer. Full width street improvements have been constructed to serve the proposed subdivision.The Planning Commission recommended that the final plat be approved with the stipulation that the comments of the City Engineer be addressed and satisfied before the plat is signed off by the city and recorded with the County Auditor. Action Taken:Mr.Reese moved that the Lakeland Addition Final Plat be approved with the stipulation that the comments of the City Engineer be addressed and satisfied before the platis signed off by the city and recorded with the County Auditor and that the Findings of Fact be accepted,seconded by Mr.Pearce, and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION CENTRAL DRIVE LID -EXTENSION OF CONTRACT City staff is requesting that the award date for the improvements in the Central Drive area be extended to December 1, 1995. This will provide additional time inorderto obtain easements foradditional right-of- way in this area. Action Taken:Mr.Reese moved that the award date forthe improvements in the Central Drivearea be extended to December 15,1995,seconded by Mr.Collier,and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS -None n ff> u 5057 CITY COUNCIL MINUTES:7 November 14,1 995 XI.CITY MANAGER REPORTS AND COMMENTS I-90 IMPROVEMENTS Joseph K.Gavinski,City Manager,stated that the Department of Transportation has scheduled a public meeting to discuss the improvements to I-90 in the Moses Lake area. MANUFACTURED HOMES Joseph K.Gavinski,City Manager,stated that Dale Hellewell has sent a letter to the city concerning the differences in the codes for manufactured homes between HUD and UBC. AMBULANCE SERVICE Joseph K.Gavinski,City Manager,stated that Samaritan Hospital has notified the city of its intent to terminate the ambulance service contract with the city. HOUSING PLAN Joseph K.Gavinski,City Manager,stated that the city has received copies of the Citizen Participation, Community Development Housing Plan.The Plan will be placed on the next agenda for action by the Council. POLICE CAR EMERGENCY EQUIPMENT Joseph K. Gavinski, City Manager, distributed a report on how police car emergency equipment is used on other city vehicles. WATER LINE EXTENSION Joseph K.Gavinski,City Manager,stated that the Council previously discussed the possible extension of a water line on William Avenue between Lystal Drive and Pommer Street.After further investigation,it was discovered that the extension is not necessary and no action from the Council is needed. /D/<7 /o^/ /J3^ )0/7 //0?LP SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,stated that on October 31 the city received $240,731.64 in salestax ^ revenue and $17,583.11 in transient rental income.'tf" r/> BUILDING ACTIVITY REPORT Joseph K.Gavinski,City Manager,presented the October building report which shows the city has had about $45,051,611.30 in construction activity for the year. This amount includes the $20,000,000 in school improvements. LARSON CONCESSION STAND ////Joseph K.Gavinski,City Manager, distributed a report on the operation of the concession stand at Larson Playfield.The city netted $16,752.27 for the 1995 season. AQUATIC CENTER REPORT /O/A Joseph K.Gavinski,City Manager,reported that revenues from the Aquatic Center were down from 1994, but the weather was not as good as in 1994 either. AQUATIC CENTER AWARD /OOO Joseph K.Gavinski,City Manager,stated that the city has received a the 1995 Award of Merit for the Family Aquatic Center from Park and Grounds Management. \^_j The regular meeting was recessed at10:30 p.m.and the Council met in an executive session to discuss litigation.The executive session was adjourned at 11 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 11 p.m. ATTEST: 0)JKj ^£ Finance Director