HomeMy WebLinkAboutbocc.min.spec.05142002 PITKIN COUNTY COMMISSIONERS
WORK SESSION AGENDA
Plaza 1 Conference Room
TUESDAY, MAY 14, 2002
(Jack Hatfield, Dorothea Farris not Present)
100 PM SPECIAL MEETING
Woody Creek Mobile Home Park Septic System, Cindy Christenson
ADJOURN SPECIAL MEETING
2:00 1. Localizer for Airport, Jim Elwood
2:30 2. Water Quality Planning, Miles Stotts
3:00 3. Memos of Interest
4. Future Agendas/Agenda Requests
BOCC Open Discussion
4:00 5. RTA Asset Transfer, Tom Oken
4:30 PM ADJOURN
1
APPROVED JUNE 12, 2002
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
MAY 14, 2002
CALL TO ORDER: Chairperson Clapper called the special meeting to order at 1: 05 PM.
COMMISSION MEMBERS PRESENT: Commissioners Patti Kay-Clapper, Mick Ireland and
Shellie Roy
COMMISSION MEMBERS ABSENT: Commissioner Dorothea Farris and Commissioner
Jack Hatfield were on vacation.
WOODY CREEK MOBILE HOME PARK SEPTIC SYSTEM SITE APPLICATION
Victoria Giannola—Aspen/Pitkin County Housing Authority; N ncy MacKenzie—Pitkin County
Environmental Health; Tom Smith—Attorney for Woody Creek Homeowners
Nancy MacKenzie of the Environmental Health Department handed out a comparison summary
of the SGM and the McLaughlin designs for the Sewage Treatment Plant. Said summary is
attached hereto and made a part of this record as EXHIBIT "A".
Ms. MacKenzie informed the board that she thinks that the SGM design is the best system to put
in.
Chairperson Clapper commented on what has happened so far with this septic system site
application. She said Dwain Watson from the State contacted the county regarding his concern
over submission of a site application and then the possibility of the county changing that
application to a different vendor. She continued to say that it was the Housing Authority's
understanding that the state is pretty adamant that if the county does not make up its mind on
what system to select, then the State will make the selection for us.
Victoria Giannola of the Housing Authority responded to Commissioner Clapper by saying that
was what she was told. She does not know if that will happen but she said the State is hoping the
board will make a decision and make one soon.
Ms. MacKenzie added that at present, the State has in front of them the site application for the
Aero-Mod design(SGM). And, from their viewpoint, she said, this is what they would go ahead
with.
BOARD OF COUNTY COMMISSIONERS I SPECIAL MEETING MAY 14,2002
Tom Smith, attorney for the Woody Creek Homeowners, said that the State does not want to be
in the business of designing a facility for anyone. So, he said, they would ask the county to make
a decision on which one it wants to utilize.
Chairperson Clapper asked, "what about the non-compliance issue"? She questioned whether or
not the State would come in if the county delayed any further.
Mr. Smith could not comment on that question, as he has not been involved.
Ms. MacKenzie said that she researched that a little bit for the Cindy Christensen of the Housing
Authority. There was a question as to whether porta-potties were legal. Ms. MacKenzie said
that they would be legal if the system failed and it was declared an emergency. But, she looked
at the Colorado revised State Statutes, attached hereto and made a part of this record as
EXHIBIT "B". She said that it was up to the County Environmental Health Department, if the
system were to fail, to go in and close it down. The only times the State can come in above us,
she continued, is if the system fails and it becomes a public health threat that the County has not
acted on. She said that her opinion is that Dwain Watson couldn't just shut it down if the system
had not failed.
Chairperson Clapper commented that it was her understanding that the last time McLaughlin was
here that the county's application was"in this stack". Then the county submitted a letter saying
that there was a possibility that the county may change its mind but just wanted to alert the State
to that fact. She said that she thought by the time Mr. Watson had gotten to this application,
there would have been a decision made.
Ms. Giannola said that Mr. Watson would have started reviewing the application submitted but
due to the letter regarding a possible change in systems, he will not look at the application at all
now.
Commissioner Ireland said that he is ready to act on this and make a decision. He said that
as much as he appreciates the Housing Authority's desire to do this quickly, he has to
weigh heavily the following facts. The people who have been here for twenty years using
this sewer system are going to being paying for it. And, if it's the wrong system and they
have to make it bigger they are going to pay for that too because the county will not. The
homeowners want to do this. It's less expensive to operate and they are willing to take a
chance on that process. So, he would make the decision to pull the one currently submitted
and resubmit the McLaughlin application as soon as we can and get that going.
Commissioner Ireland also commented on the cost comparison report submitted by Ms.
MacKenzie. In that report, he said, it points out that one of the intervening property owners says
that they will provide an easement for a necessary public septic system if the county grants them
a lot split. He said that he was not going to do that. He did say, however, that the property
owner should be paid a reasonable amount of money for that easement.
Although not a publicly noticed hearing, Chairperson Clapper allowed public comment.
BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING MAY 14,2002
Karen Sellers said that she agrees with what the board is saying. However, her property is the
property that will be directly effected by that. It is 15 feet from her office and 40 feet from her
house. She said that she would like this addressed.
Chairperson Clapper said that perhaps we could see that McLaughlin works with the neighbors
to see what kind of setback issues they can minimize or maximize and address the smells also.
Commissioner Roy said she wanted to compliment Ms. Seller's attitude.
Woody Creek Mobile Home Park resident Lanny Curtis said that they did submit a letter to the
Housing Authority and the County Commissioners that shows ground support for the
McLaughlin system. The letter is dated May 14, 2002 from the Woody Creek Homeowners'
Association to the Housing Authority on this issue. Mr. Curtis also submitted, on behalf of the
Woody Creek Community and/or Woody Creek Mobile Home Park, a petition supporting the
McLaughlin design. The petition and the May 14, 2002 letter are attached hereto and made a
part of this record as EXHIBIT "C".
Commissioner Ireland repeated that this is not without risk to the homeowners and could turn out
more expensive in the short run and/or result in delays of the approval of the application. He
wanted to make sure that the homeowners understand that it won't be right to come back and
complain that the Housing Authority delayed someone getting into their house.
Mr. Curtis said that he spoke to Jim McLaughlin and he said that he has spoken to Dwain
Watson. It might take McLaughlin another week or so to put their report together for
submission, he concluded.
Chairperson Clapper stated that the board would probably be issuing a letter to the homeowners
stating that so it is documented. She wanted to thank the Housing Board and Jamie Knowlton
and Keith Webster for the amount of hours put in on this. It would have been great if we had all
this other information before, she added, but we didn't. She said that she believes it is wise to
move forward in the right direction than to move forward in what could possibly be the wrong
direction. She said that her personal opinion is that she was not as comfortable with the Aero-
Mod system.
Chairperson Roy began to make a motion that we substitute the McLaughlin plant on the lower
site for the Aero-Mod system.
Commissioner Ireland interrupted by saying that he doesn't know that the board can make a
motion or formal action. He said all the board could do is advise the applicant that the board
urged them to submit. It would be totally advisory. He said that the board couldn't make the
applicant do it if they want to go the other way. He said that the board could only tell the
applicant that we will support with all of our necessary resources to enable the applicant to do
this as expeditiously as they can and to work with Karen Sellers.
BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING MAY 14,2002
Hilary Smith, County Manager, said that the site application would have to come back for a
formal approval. The original application would just have to be amended.
Ms. MacKenzie will ask Dwain Watson how the board would proceed on the amended site
application.
WOODY CREEK MOBILE HOME PARK UNIT REPLACEMENT REQUESTS
Victoria Giannola—Housing Authority
Ms. Giannola stated that the policy from Community Development for replacements is basically
like for like. She said that many of the units in the Woody Creek Mobile Home Park are old and
they are mobile so that they have a particular shape to them. Many people who are looking at
replacement are looking at going with a modular that would have a slightly different
configuration. It would be a little boxier and not as oblong as the previous mobile home. Nor
would it be in the same building group. So, this would not be like for like. It would be
impossible for the Housing Authority to meet the general policy of the like for like.
Right now, the two units that Ms. Giannola has looked at with Community Development are
both located adjacent to an open space parcel rather than more neighbors. They share a neighbor
on one side, but on the northern side they are next to an open space parcel. So, she added, they
have some leeway there if perhaps placing the unit down might be a little bit different than what
the final plat gets recorded as. On the east and west side is a road.
Ms. Giannola said that on the southern side that they might run into a conflict should the lot line
shift from what we see today versus what the BOCC might finally approve. She doesn't
necessarily anticipate that in these two cases. This is the dilemma. The other issue is that the
modular would require a permanent foundation.
Commissioner Roy mentioned that a final plat is soon to be completed and that there would
be lot lines established. She would support allowing a unit to be replaced provided the unit
is located in a space that will not impact neighboring spaces that are proposed to be
reconfigured on the detailed final site plan and provided that the unit meet all the setback
requirements regardless of its size. She asked if something needed to be amended in the
Code to allow this?
Tamara Pregl, County Planner, said that this has been a policy of the Board of County
Commissioners. It was something that was upheld during the Lazy Glen approval. Since it is
not an approved subdivision and only has conceptual approval, the lot lines are subject to
changing. This could create problems in the future when smaller trailers are replaced with
slightly larger modular homes.
Commissioner Roy asked where the board was in getting the final plat?
Ms. Giannola said that it hasn't been submitted yet to the BOCC.
BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING MAY 14,2002
Jamie Knowlton, member of the Housing Board, said that after the board's decision on the septic
site application today it seems it will be delayed because they will have to go back in and redo
the site plan to move the waste water facility back to where it is. So, it will be delayed.
Commissioner Roy asked if any of the lots would be impacted?
Ms. Giannola said that the one that needs immediate replacement is not located near either septic
system site. The other one is directly adjacent to the current septic system.
She said that the other concern from Community Development is the increase in size. Most
likely, she said, individuals are looking at larger units because so many of the units there are so
very small. That's another issue on the table today. Ms. Giannola asked, is it okay in looking at
a new unit to also see an increase in square footage provided that they can still maintain their
setback? Another discussion that could come up is replacing two bedrooms with three bedrooms
although right now they are looking at a unit that doesn't increase bedrooms but they could
change their mind and look at different units that increase the number of bedrooms.
Commissioner Ireland said that this is what the Housing Authority and Woody Creek want to do.
So, he said, let's do it. Let's allow the replacements as long as it is within setbacks and also to
check into the one adjacent to the current septic system.
Chairperson Clapper reminded everyone that there is some level of risk to the owner to do this.
If something comes up, she stated the owner would need to assume that risk.
Commissioner Ireland cautioned everyone that the septic system is not moving again.
Ms. Giannola said that to her it sounds like the board is comfortable with replacing the
unit even if it's going from a mobile to a modular with a different configuration, slightly
larger and maybe even another bedroom to be placed on a permanent foundation.
The board responded with yes.
Ms. Pregl restated that this is site specific but in general you're keeping the like for like.
Ms. Giannola said that she would have somebody go through and inspect the unit to confirm her
notion and the owner's notion that indeed, the unit is trashed.
ADJOURNMENT:
The meeting adjourned at 1:42 PM.
BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING MAY 14,2002
Respectfully submitted,
i4�
i
L,2ynd R. Dean
Clerk to the Board of County Commissioners
Patti Kay-Clapper
Chairperson of the Board of County Commissioners
ww/g/m inutes/2002/05142002
BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING MAY 14,2002 f
5/13/02 EXHIBIT
From:Nancy MacKenzie, Environmental Health Department %% M
RE: Summary of SGM and McLaughlin designs for WCMHP Sewage Treatment Plant
Comparison of the Technological Issues
Environmental Health is not qualified to review the technological issue aspect of the two designs since
our department deals with Individual Sewage Disposal Systems(ISDS)and not with large sewage
treatment plants. However, we will review the designs based on non-technical issues.
Comparison of the Non Technological Issues
Advantages of the SGM design:
* The State Site Application has been signed and has been submitted to the State so the application
could be reviewed sooner and the plant constructed sooner.
Advantages of the McLaughlin plan:
* Smaller physical plant footprint and a lower profile that would have less visual impact. It can fit at
the lower end,the site of the existing plant.
* The effluent would be treated at the lower end and the treated effluent could flow one of three ways:
1.The best design is to gravity flow the treated effluent to the Roaring Fork River down Liberty
Lane.No lift station would be needed. The plant itself would provide holding capacity in case
of a problem. This would require attaining right of ways through two properties,Obermeyer/Sellars
and Hal Radeke.
2.The second best design is to pump the treated effluent up and have it discharge to the Roaring
Fork River through the Newton property. It is less expensive to pump treated effluent than raw
effluent. The plant would provide holding capacity in case of a problem. The Park owners
would have to trade their irrigation water rights to obtain this access.
3.The third design is to gravity feed down Upper River Rd, a county road,to Woody Creek.
This is cheaper and less maintenance just like going down Liberty Lane.No private easements
are required. Environmental Health considers this the least desirable because it is best to
discharge into the stream with the greatest flow(the Roaring Fork)to dilute the discharge.
Cost Comparison
1)The McLaughlin building would cost less to construct since it is 2.8 times smaller in floor area,has
shorter side walls,and less roof area .
(700 sq ft vs. 1,971 sq ft for the Aero-Mod)
($28,000 vs. $197,000) The SGM would cost an estimated$169,000 more.
2)Gravity flow down Liberty Lane to the Roaring Fork River would eliminate the need for a lift
station.There would be no initial cost of the lift station,no electricity costs to operate the lift station,
and no maintenance and replacement costs. 1 am told by McLaughlin that a lift station,to meet the new state
regulations would cost$125,000. SGM has only projected$25,000 for the lift station.
3)All figures from SGM,McLaughlin and the comparison done by the Housing Authority were
re-analyzed by EHD: the collection system,treatment facility,other equipment,and additional rehab.
The costs for the SGM design were $50,000 more than the McLaughlin
4)Long term operation and maintenance were not compared. If a plant can be built that works by
gravity and does not require lift pumps and electricity, it will be less expensive.
In Summary: If the McLaughlin plant can be located at the existing plant site, a plant operated by
gravity will be less expensive to install and operate. The bigger initial cost saving is due to a smaller
sized structure to house the plant. The McLaughlin design is estimated to cost$319,000 less than the
SGM design and possibly have less long term operation and maintenance costs.
Recommendation: The Environmental Health Department(EHD)can only make recommendations
based on public health concerns. The BOCC has already signed the State Site Application for the
SGM design which EHD recommended. If BOCC decides to pursue the McLaughlin design, EHD
recommends that a timeline be required that requires an immediate Site Application packet be
prepared and submitted to EHD and the BOCC for review and subsequent submittal to the State. �f
Specific dates for these submittals should be required so that there are no further delays. t7/5
EXHIBIT
G r#
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1. The Colorado Revised Statutes (25-10-110) places the primary responsibility for
enforcement to protect the environment, public health, and water quality and to
eliminate and control causes of disease and infection with the local health
departments. If the local authority fails to administer and enforce the provisions in
Article 10, Title 25, the State of Colorado Department of Public Health and
Environment may step in as necessary to protect the public health and environment.
It is more likely that our department would be the one to close WCMHP if the
existing plant failed and there was an eminent public health danger.
It does not appear that Dwain could just close WCMHP if the existing plant is still
functioning and not a source of public health danger.
2. A portable chemical toilet is prohibited in permanently occupied buildings except
during construction or under emergency circumstances as determined by our
department. They are not for long term use. If the treatment plant is not usable,
Norm could declare this an emergency and require the use of porta-potties. The
existing plant could be used as a vault holding tank. The pumping of the vault might
be less expensive than porta-potties, though both options would be expensive.
There would need to be an austere water reduction program in force: no laundry
use, paper service at the Tavern and in the homes, etc.
EXHIBIT
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As a member of the Woody Creek Community and/or Woody Creek
Mobile Home Park; we support APCHA following the direction of the
McLauglin Water Engineers proposal for the Woody Creek Mobile
Home Park, Tavern and Gallery Wastewater Treatment System that is:
O one-third (1/3) the size of the Areomod Qz possible lower cost of the
Aeromod OO location possible in existing site with gravity over lift
station.
Printed Name Si n to a Street Address WCMHP/WC
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As a member of the Woody Creek Community and/or Woody Creek
Mobile Home Park; we support APCHA following the direction of the
McLauglin Water Engineers proposal for the Woody Creek Mobile
Home Park, Tavern and Gallery Wastewater Treatment System that is:
,O one-third (1/3) the size of the Areomod Qz possible lower cost of the
Aeromod sQ location possible in existing site with gravity over lift
station.
Printed Name natu e Street Address WCMHP/W
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As a member of the Woody Creek Community and/or Woody Creek
Mobile Home Park; we support APCHA following the direction of the
McLaubn Water Engineers proposal for the Woody Creek Mobile
Home Park, Tavern and Gallery Wastewater Treatment System that is:
O one-third (1/3) the size of the Areomod (2) possible lower cost of the
Aero mod 03 location possible in existing site with gravity over lift
station.
Printed Name Si nature Street Address WCMHP/WC
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Wcmhoa.petition.mclaughlin
As a member of the Woody Creek Community and/or Woody Creek
Mobile Home Park; we support APCHA following the direction of the
McLa4in Water Engineers proposal for the Woody Creek Mobile
Home Park, Tavern and Gallery Wastewater Treatment System that is:
(D one-third (1/3) the size of the Areomod Q possible lower cost of the
Aeromod Q location possible in existing site with gravity over lift
station.
Printed Name Si nature Street Address WCMHP/WC
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WOODY CREEK HOMEOWNERS' ASSOCIATION
P.O. Box 95 Woody Creek, Colorado 81656
923-1065
May 14, 2002 EXHIBIT
To: Housing Authority
From: Woody Creek Homeowners' Association Board of Directors
CC: Board of County Commissioners
Re: WWTP cost comparisons
The cost comparison spreadsheet presented at the April 24 BOCC meeting by the Housing Authority
seems to have several discrepancies. To simplify, the collection system and the effluent line are
separate issues, (the cost is the same), and should be removed from the rest. The chart shows an
unrealistic disparity of$16,000 annually($1,400 vs. $17,400) for pumping and maintenance
costs. The last column arbitrarily and artificially inflates the McLaughlin estimate by $187,000.
In the last three months, the SGM Aero-mod plan has made several changes, and increased by
$50,000 (From$555,000 to $605,000). They have not included costs for the required standby
power, (or emergency influent storage) for the plant or lift station, and have no provision for
heating the plant in this locale. For$386,000, McLaughlin($219,000 less) can build a small, low
profile plant in the existing location; mitigate all noise, odor and setback requirements. The SGM
estimated cost to replace the plant on May 25, 1999 was $395,000. Their current estimate (in the
Detailed Submission) is $578,100, an $183,100 increase. ($26,900 less than shown on the
Housing spreadsheet).
The Woody Creek Homeowners' Association Board of Directors, all Homeowners polled, the Woody
Creek Caucus Planning Commission, all Caucus members polled, (through meetings and
petitions) the Woody Creek Tavern and the Woody Creek Store, support the McLaughlin plan
over the Aero-mod by 100%. If the State Water Quality Board wants the County Commissioners
to choose one system, then they should listen to the community. Jack Hatfield was correct in
stating that it should be up to the people who will be paying for, and will be living with the
facility to decide what we want. The signed contract with Housing commits McLaughlin to do
what they say they can do in their engineering report. They have designed and built dozens of
plants in Colorado, and its not likely that they would step into this political morass without the
confidence that they could designfbuild the best possible plant for our needs. Let's go with it.
The important issues are practicability, affordability and aesthetics. The Homeowners' Board has the
fiduciary responsibility to represent our Homeowners' interest in finding the best, and most
reasonably priced system we can. Unless we have no better option, it would be a travesty to put a
huge building in the proposed location and lose prime open space. Our preference is the
McLaughlin plan. If all entities can agree to cooperate, then we can make it all happen this year.
Thank you for your consideration,
Board of Directors, Woody Creek Homeowners' Association
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