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HomeMy WebLinkAboutbocc.min.spec.11062004PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Conference Room TUESDAY~ NOVEMBER 16~ 2004 10 AM-12 NOON LAND USE SPECIAL MEETING, Ellen Sassano ADJOURN SPECIAL MEETING 12:00 NOON LUNCH BREAK 1:00 PM 1. Memos of Interest Future Agendas/Agenda Requests BOCC Open Discussion EOTC Preparation, Brian Pettet Grant Committee Recommendations, Susan Berdahl BREAK Ruedi Update, Mark Fuller SPECIAL MEETING Pitkin Iron Water Update, Ron Erickson ADJOURN SPECIAL MEETING Airport Ranch Issues, Debbie Quirm ADJOURN 1:30 2. 2:00 3. 2:45 3:00 4. 3:30 5. 4:30 6. 5:00 PM APPROVED JANUARY 26, 2004 MINUTES PITI(AN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING NOVEMBER 16,2004 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to BOCC PACKET for NOVEMBER 16, 2004 CALL TO ORDER: Chairperson Dorothea Farris called the meeting to order at 3:30 PM. BOARD OF COUN ,TY COMMISSIONERS MEMBERS PRESENT: Commissioners Dorothea Farris, Jack Hatfleld, Shellie Roy and Mick Ireland BOARD OF COUNTY COMMISSIONERS MEMBERS ABSENT: Commissioner Patti Clapper (family emergency) Ron Erickson, President of the Pitkin Iron Homeowners' Association gave a presentation on an alternative water source for the residents of Pitkin Iron. He explained that prior to the last meeting with the board, one of their leach fields has failed and the people who are living in the house are living off their septic tank. He said their engineers have told them that the probable cause of this failure is salt from the water system. Michael Sawyer, attorney for the homeowners association said they are here today to discuss two very serious problems at the Pitkin Iron Affordable Housing development, which are both related, and in his opinion, stem from the failure of the developer of the property back in 1999 and 2000, to undergo a certain permitting process with the State Division of Water Quality. He explained that the two problems are first, the water system that serves the Pitkin Iron Affordable Housing Development is currently under an enforcement order from the Water Quality Control Division. He said that enforcement order deals with the fact that number one, the plans and design of the water system was never approved by the state as it meets the jurisdictional requirements for a community water system. Number two that due to the source of that water system, there are serious questions about the long-term capacity of the water system to meet the needs of the residents and to continue to provide a safe source of supply for the affordable housing development. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING NOVEMBER 16, 2004 Mr. Sawyer said the related issue is with regard to the septic systems. One septic system, at this development, recently failed. He said they have been told by their consulting engineer as well as by engineers from the state that they run a significant risk that additional septic systems, on the Pitkin Iron property, will fail in the near to intermediate future. He said the likely cause of the failure of these septic systems is the introduction of salt and brine from a soft water pre- treatment system that was required to be installed on the water system to make the water fit for in-house use. He said prior to the installation of the soft water pre-treatment system, the water contained such a high level of hardness/minerals that it was clogging pipes, disrupting water using appliances and otherwise, not allowing for normal in-house uses of water such as washing dishes. He said he thinks these issues are inter-related and he does not think we would be sitting here today, if the developer had gone through a process required by the State Water Quality Division to scope the issues related to a community water system before it is built and to obtain the necessary approvals before construction actually begins. He said it is their opinion that the requirement to obtain these approvals, from the state, are included in the requirements that the county set forth in its development resolutions and subdivision improvements agreement, for this development, back in 1999 and 2000. Specifically, he said it is the county's policy to insure the availability of a water supply of adequate quality, quantity, and pressure for a proposed land use prior to approval of the use. He said the board obtains the information needed as to how to implement this policy by circulating development proposals to the environmental health department, the environmental health department then issues a staff report, which is brought back to the commissioners as well as made available to the developer, and the terms of those staff reports are memorialized in the resolutions passed by this board. The staff report dated March 17, 1999, heavily stressed the importance of drinking water quality and the environmental health department requested that a water report, from a registered professional engineer, be submitted so that the environmental health department could determine that the quality and quantity of water was sufficient for the proposed land use. Similarly, the staff report alerted the developer that additional reviews and approvals may be required from the water quality control division if a jurisdictional community water system were present at the site, and it monished the developer to contact the water quality control division to make that determination and if necessary, go through the requisite permitting process. He said unfortunately that was never done. He said the homeowners are here today to ask for the county's assistance to finally, obtain a water system that meets state standards, and that meets the requirements that were set forth in the development approvals back in 1999 and 2000. He said they believe that this requires that the developer go through the permitting process, with the state, as if this development had never been built that is to be forced to scope the various alternatives for the water supply and come up with a solution that meets state standards and implement it. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING NOVEMBER 16, 2004 Commissioner Farris said it is her understanding, from the developer, Tim Semrau, that the state is prepared to certify the existing system. Mr. Sawyer said he thinks this is a misrepresentation. He explained that through the discussions he has had with the state, the state continues to have concerns about this community water system in two primary regards. First, there are no stamped plans for this water system and secondly, the developer has not included, in the submittals to the state, adequate information for how the water system capacity is going to deal with this hard water over the long term. He said the issue is that the hard water could lead to either scaling, which is the deposit of minerals in such excess in the water system that it could potentially lead to a failure of the system to keep contaminates out or corrosion through acidity, which is the reverse problem. Commissioner Farris questioned if the water softener had not been added would the septic system have failed. Mr. Sawyer responded by saying that they do not believe so. He said if the developer had been required to go through the analysis with the state, there would never be a soft water system on that property, but the developer would have been required to provide a fix for the excessive hard water quality of the water source that he chose and there were three other options available, which includes building a new water source across the river. Mr. Erickson said they are before the board today looking for cooperation in finding a solution to resolve this matter. Duane Watson, representing the State Health Department, said he tripped over Pitkin Iron on a field trip to Pitkin County. He said at that time, Pitkin Iron had at that time, been in place for a year and a half to two years and they were not aware of the water system there. The water system was already built and in place without the benefit of plans and specs approval nor did it have a public water system ID number assigned nor was it sampled as required by state and federal law. He said they informed the homeowners of that and it turned out that the system was put in by the developer and the developer was responsible for going through capacity development and plans and specs review however, there is still some argument over that. With respect to the idea that the state is poised to issue certification if the facility was approvable the state would approve it, but it is not approved at this point in time. He said there is no gray area here it either is or it is not. He noted that three or four weeks ago, he received a letter from the developer's attorney, which offered a new source and then last week, they received another letter rescinding that offer. In fact, he said they had issued an extension of the enforcement order until May to allow them time to explore this new source. Therefore, he does not know where it stands now. BOARD OF COUNTY COMMISSIONERS . 3 SPECIAL MEETING NOVEMBER 16, 2004 With respect to the septic systems, Mr. Watson said there is a failed leach field, which constitutes an immediate public health hazard and it turns out that the permits for those leach fields were issued in error by Pitkin County that the lots that all those leach fields are on, is one common lot and should not have received individual permits. In fact, those should have been all put together into one site application through the state health department. Therefore, all those leach fields tha~ are there, right now, are illegal. With respect to a package plant there are there other options, either hook up to Aspen Village, Woody Creek or create their own package plant, and a separate package plant is the least desirable of the three. He said there is not enough square footage for separate septic systems. In addition, he said he does not think it is possible to meet the drinking water criteria. Commissioner Ireland said he thinks the board should find out a way that it could help the homeowners pay for new systems and by allowing the homeowners the ability to pay back the loan from an increased ceiling on their house sales. Mr. Sawyer said with respect to payment, the equities need to be discussed jointly with what solution is going to work best in this situation. He said he thinks the county should enforce the terms of its subdivision improvement agreement to demand that improvements be made retroactively that in all rightness, should have been done during the developmental process in the beginning. He said the homeowners do not have the money to continue to live and work in this community and fund a major lawsuit against the developer. Tim Semrau, developer of Pitkin Iron, said that if his attorney made a mistake so be it, but as far as he knows, he has no intention of rescinding his offer for an easement with an additional offer of $15,000. It was the consensus of commission members that the representatives of the various parties need to sit down and work out a solution that can be agreed to. Additionally to determine what can be done and how to pay for it. ADJOURNMENT: Commisioner Hatfield moved to adjourn the special meeting at 4:50 PM. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Clapper was not present. BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING NOVEMBER ! 6, 2004 erely, ~/~ ~nette Jone.~ ~rk to the Board of County Commissioners Chairperson of the Board of County Commissioners www/g/bocc/min utes/2004/1116(2)2004.doc BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING NOVEMBER 16, 2004