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HomeMy WebLinkAboutM010493 ! ~. MINUTES WEEK OF JANUARY 4, 1993 After the two new Commissioners were sworn in at ceremonies in the Superior Court, the meeting was called to order by Commissioner Richard E. Wojt. Commissioner Robert Hinton and Commissioner Glen Huntingford were both present. Reor2anization of the Board: Commissioner Huntingford moved to appoint Commissioner Wojt as Chairman of the Board. Commissioner Hinton seconded the motion which carried by a unanimous vote. Commissioners' Briefio2 Session: Community Services Director David Goldsmith reported that in the past the Board has set Monday for their official business meeting. The suggestion has been made that Monday be set aside as a day for department briefings and hearings, and Tuesday be the day for other business to come before the Board. A letter from the Leader Publishing Company regarding the need for public notice of Commissioner's actions was then reviewed and discussed. Issues that come before the Board that require review or requests that need consideration can be reviewed on Monday morning and then final action can be taken on them at the Tuesday meeting, David Goldsmith added. Commissioner Huntingford noted that providing a packet of the weekly agenda information for the Leader and the public has been implemented. David Goldsmith recommended that the meeting be changed to the Monday-Tuesday format as discussed. He feels that this will give the staff and the Board more time to review the issues. The meeting format was discussed further with the Board indicating that they would work toward the Monday-Tuesday format ' slowly so that the public can be notified of the changes. PUBLIC COMMENT PERIOD: The following items were discussed: the SEPA Ordinance amendment for critical areas, the role of the Planning Commission, the need to amend the County-wide Planning Policy, the 1993 budget goals, the need for the interim ordinances for critical areas and resource lands, and the amendment to the Shoreline Management Master Plan concerning the Port Townsend Waterfront area. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Huntingford moved to delete Item C and to adopt and approve the balance of the items as presented on the consent agenda. Commissioner Hinton seconded the motion. The motion carried by a unanimous vote. . VOL 19 ·jr.~ rrj(;~ n-... _. u..:t Commissioners' Meeting Minutes: Week of January 4, 1993 Page: 2 a) RESOLUTION NO. 1-93 re: Hearing Notice; Budget AppropriationsÆxtensions; Various County Departments; Hearing set for January 19, 1993 at 11:00 a.m. b) Reappointment of AI Giersch to a two year term on the Parks Advisory Board; New term will expire December 27, 1993 c) DELETED RESOLUTION NO. _ re: Establishing the Prosecuting Attorney's Salary for 1993 d) AGREEMENT re: Short Term Hauling; Solid Waste from Jefferson County Landfill; Nikodym Trucking Appointment of Individual Commissioners to Serve on Various Boards and Committees Commissioner Huntingford moved that the following appointments be made. Commissioner Hinton seconded the motion which carried by a unanimous vote. a) Olympic Air Pollution Control Authority Commissioner Huntingford b) Regional Transportation Advisory Board Commissioner Huntingford c) Jefferson County Disability Board (for the Sheriff and City Police LEOFF I Employees) Commissioner Hinton Commissioner Hinton Commissioner Hinton Commissioner Hinton Commissioner Huntingford Chairman Wojt and Commissioner Huntingford d) Jefferson County IDMS Committee (computerized mapping) e) Jefferson County Enhanced 911 Committee t) Local Emergency Planning Committee g) Washington Counties Risk Pool h) Olympic Area Agency on Aging BUSINESS FROM COUNTY DEPARTMENTS PUBLIC WORKS Update on County Landfill Closure: Public Works Director Gary Rowe updated the Board on the closure of the solid waste landfill and the installation of the temporary transfer facility. HEALTH DEPARTMENT HEARING re: Appeal re: Denial of an On-Site Septic System; Randolph and Eileen Ulber2: Environmental Health Director Larry Fay reported that the Health Department denied an application for an on-site septic system on the Ulberg's property located at 5284 Flagler Road in Nordland. Included with the septic system application submitted was a design by Northwest Septic of Mount Vernon for a mound system. Due to the field inspection of the test holes at the site, the Health Department does not agree with the soil logs prepared by Northwest Septic. Northwest Septic reported that there is unsaturated soil depth of 18 inches on the site, while the Health Department has reason to believe that there is a high water table at depths less than 18 inches and possibly less than 12 inches. Mr. Ulberg was advised that the Health Department didn't feel there was sufficient soil depth to warrant issuing a permit for the mound system. A wet season evaluation of the site is needed to determine where the highest water level is on the property, then a determination can be made about what kind of system would be appropriate. If the evaluation verifies the Northwest Septic soil report, then the design that they proposed could be approved. Larry Fay explained that the critical issue for siting septic systems is the soil texture and the depth of soil above a restrict~d layer. Typically in Jefferson County the restricted layer is a ~VOL 19 rAC~Q.- 2 Commissioners' Meeting Minutes: Week of January 4, 1993 Page: 3 seasonal high water table. The minimum soil depth provides a level of sewage treatment in the drainfield and a volume of soil to allow for dispersal of filtered effluent. Conventional septic systems require a minimum of 3 feet of unsaturated soil between the bottom of the drainfield and the restrictive layer. When the depth of soil is less than three feet there are various alternative systems that can be used which include pressure distribution, and sand filter systems. The minimum soil depth for alternative systems is 12 inches. The basic question, Larry Fay continued, is whether there is 12 inches of soil on the Ulberg's site. During the dry season the determination of soil depth is made by looking at the soils in test holes. The different soil horizons are observed. A fluctuating water table is indicated by a pattern of gray and rust colored spots mixed in the soil (called mottling) which is a result of alternating oxidation (reds) and reduction (grays) of the iron compounds in the soil. This soil mottling was found in the soil logs on the Ulberg's property at levels ranged from 7 to 16 inches in the seven test holes. Northwest Septic did not indicate any soil mottling on their soil logs. In addition to this, a neighbor of the Ulberg's complained about the site being very wet. The Health Department staff met with the neighbor who pointed out areas of the site where ponding has occurred in the past. Prosecuting Attorney Mark Huth asked when Larry Fay met with the neighbor? Larry Fay answered that it was the later part of November or early December, and the site was dry at that time. The northeast corner of the property is a low lying, bare area and there are high water marks on the fence posts. Commissioner Huntingford asked if the septic system is proposed to be installed on this portion of the property? Larry Fay answered that the septic system is being proposed to be located about mid way back on the property. Commissioner Hinton asked if there was a septic system permit for this property? Larry Fay explained that a permit for a similar system was issued in 1987 and renewed in 1988, but the system was not installed at that time. The permit was not renewed in 1989 and expired. Commissioner Hinton asked if there were any changes made to the site conditions since that time? Larry Fay noted that he is not aware of any changes made to the site between 1987 and 1992. The topography and size of the property were then discussed. In response to a question from Chairman Wojt, Larry Fay reported that four new test holes were dug and then reviewed on December 22, 1992 by the Health Department. These holes indicated 10 to 12 inches of black loam top soil, with a sandy loam under layer and mottling in areas from 13 to 16 inches. Commissioner Huntingford asked if the curtain drain suggested by the Health Department was installed? Randolph Ulberg explained that he had a contractor come to the site who indicated that due to the topography of the land, it would be a waste of money to have a curtain drain installed. Mr. Ulberg pointed out that years ago there was water on the site, but for the last several years there hasn't been any water on this property. Commissioner Hinton asked if the Health Department has worked with Northwest Septic? Larry Fay reported that this company has done work in the County. He reported that occasionally the Health Department will disagree with an engineering firm regarding what they see on a particular site. An engineering firm works for a particular client, while the Health Department is concerned for the public health. Prosecuting Attorney Mark Huth asked how long Larry Fay has been involved in septic system review? Larry Fay reported that he has done septic system review for the past nine years. He has a Masters Degree in agricultural engineering technology. Mark Huth asked if he would have authorized the issuance of the permit in 1987? Larry Fay answered that if he would have looked at the test holes in 1987 under the same regulatory framework, he would not have issued the permit without a wet season evaluation. Mark Huth asked if a wet season evaluation was done previously? Larry Fay indicated that it was not. Mark Huth asked if there is any system that could be designed for this property? Larry Fay answered that once a wet season evaluation is done, the Health Department would be able to say exactly what can be done on the site. If there is less than 12 inches of soil separation, no septic system would be permitted under current Washington State regulations. If there is between 12 and 18 inches of soil separation there are alternative systems that can be used on the site. Mark '. VOL 19 fAŒ [___~. 3 Commissioners' Meeting Minutes: Week of January 4, 1993 Page: 4 Huth asked if it is possible to tell how much soil depth there is without a wet season evaluation? Larry Fay answered that soil mottling is an indication of the seasonal water table, but without a wet season evaluation there is no way to tell where the high water table is on the property. Commissioner Wojt asked if the area where the Ulberg's property is located is a sensitive area because of the proximity to a bay where shellfish are raised? Larry Fay reported that the property is located across the road from Mystery Bay which is sensitive to non-point source pollution. Non point source pollution includes pollution from failing or inadequate septic systems. Randolph Ulberg stated that his wife has owned this property for over twenty years and this is where they want to retire. He noted that he can't believe that a septic system for two people will cause any pollution problems. He pointed out that he has looked into alternative septic systems which could be used on this site, including an aerobic system. When he asked the Health Department about using this system they turned it down. They hired Northwest Septic to re-evaluate the site since the previous septic system permit had expired. Northwest Septic said that the system designed for the site was still adequate. Mr. Ulberg then review- ed a log of what has been done on this site since July. He added that it is $500 per month more to stay where they are, than to live on their property. Commissioner Huntingford asked what the difference in cost is between the aerobic system and the mound system? Mr. Ulberg reported that an aerobic system would cost about $6,500.00. He noted that he does not have an estimate for the cost of a mound system. Larry Fay then explained how the regulations for alternative on-site sewage systems are developed and how the systems are regulated. He noted that the aerobic systems are governed under guidelines developed by a State Committee and approved for use by the State. The device that Mr. Ulberg mentioned is approved for use in the State. The Health Department feels there is no advantage for Mr. Ulberg to use this system because the drainfield, mound system and disposal area requirements are the same as for a septic tank. All the aerobic device would do is replace the septic tank. A mound system would still be required. Eileen Ulberg said that she's lived on Marrowstone Island for 22 years and during that time she has seen all types of cruisers in Mystery Bay that flush everything into the bay. Commis- sioner Huntingford stated that he has worked with groups to clean up non-point source pollution and he feels that anything that can be done to keep non-point source pollution from getting worse needs to be a goal. He added he will do everything possible within the regulations to allow some type of septic system on the Ulberg's property. Commissioner Hinton asked if there is a septic system that can be approved for this property? Larry Fay reported that without a wet season evaluation, they don't know if there is enough soil depth to allow any type of septic system on this property. The guidelines for sand filter and mound systems indicate that when there is a suspicion of less than 18 inches of soil, a wet season evaluation is necessary. Commissioner Hinton asked about the septic systems on adjacent properties? Larry Fay stated that he is not familiar with the immediately adjacent properties. The homes immediately adjacent have been there for a number of years. Larry Fay noted that if the difference in the soil conditions was such that a sand filter or a mound system would work, he wouldn't have a problem with issuing a permit for the more conservative system, but the question on this site is if there is the required 12 inches of soil depth. Chairman Wojt opened the public hearing. Randolph Ulberg stated that he feels something has gone wrong when a permit was denied on a site that had approval for a professionally engineered system previously. Commissioner Hinton asked what would happen if a mound system was installed and monito- red by the PUD and then failed sometime in the future? Larry Fay explained that the PUD ~VOL 19 fAC~ . n° J\ " Commissioners' Meeting Minutes: Week of January 4, 1993 Page: 5 submits an inspection report to the Health Department and to the owner of the system. If the system is not or cannot be repaired, Mark Huth reported, the property can be condemned and the owner would not be allowed to live on it. The discussion continued regarding pollution caused by failing septic systems and what the Health Department can do when a septic system fails. Chairman Wojt reiterated that what the Health Department is saying is that they want to evaluate the property through March to get the information needed to make a determination regarding the type of system that can be installed on the site. Randolph Ulberg stated that the reason they started this process in July was to allow them to be ready to occupy their home as soon as possible. Larry Fay added that a building permit is required before the mobile home can be moved and set up on the property and a building permit cannot be obtained without septic system approval. The Chairman closed the hearing. Commissioner Huntingford asked if a date can be set for a determination if a wet season evaluation is required? Larry Fay reported that typically a wet season evaluation is done through April. He would prefer that if a date is set, that it be in the later part of April. After Commissioner Hinton pointed out that a letter from the Health Department dated November 18, 1992 states that the evaluation would run from January through March, Larry Fay agreed that a determination could be made in early April. Mark Huth suggested that the Board remand the decision back to the Health Department to withdraw their denial until a wet season evaluation can be conducted and a determination made on March 31, 1993. Commissioner Huntingford asked how often the holes will be monitored during that time? Larry Fay reported that the holes will be monitored at least four times during the wet season evaluation period. Commissioner Hinton moved to remand this matter back to the Health Department for a wet season evaluation to be concluded at the end of March with a determination to be made regarding the on-site septic permit on March 31, 1993. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Prosecuting Attorney Mark Huth advised that he will prepare a written order on this matter that the Board can approve on their Consent Agenda next week. PLANNING AND BUILDING Crai2 Ward. Plannin2 Director re: Update on Department Business: Planning and Building Department Director Craig Ward welcomed the new Commissioners and reported that there are several important issues pending under Growth Management including critical and resource area protection, and the implementation of the county-wide planning policy. He will be bringing these items before the Board in the future. DISTRICT COURT Sue Dillin2ham. District Court Office Supervisor re: 1993 Bud2et Amendment: Sue Dillingham, Office Supervisor for the District Court, stated that the District Court needs the half time position that was cut from the 1993 budget. She reported that their office cannot function without this position. They have been trying since November and employees are having to work overtime and the work is still not getting done. She then reviewed a memo regarding the duties assigned to this position which include getting the paperwork to a collection agency to recover unpaid fines. They are requesting that the 1992 staffing levels be reinstated. ~VOl 19 rAC£ -0 5 '. , , " Commissioners' Meeting Minutes: Week of January 4, 1993 Page: 6 Chairman Wojt reported that the Board will look into this further and make a decision on the request. MEETING ADJOURNED SEAL: .)¿Ir·.~:1~~7--:,=->',~, fj" "..j,.J Yc D.f, 0", / ..... +... ..., '.' .""1"" i . {1._......:'.......¿-...<.........~............;. .41'~ \lchard E. Wojt, Cliairman ::: ..'~'" .... ..-": ..:~"::'; ~ . ."'"..,~-.""~ . .,.-~~"",-".... "'" '.:.' .... .r..i'... ... I ~.. , .... }.,'~:>'>,....:,_'_/..... .. ~.:B . .' c_ \,.~ .i'/,,·:..!IÅ ,: ;.¡.....-..""."...--.... ~ \(t';."<.J¡;! . .: · ..'7------ ~- - ton, Member ATTEST: '~~~~)~,/ d~(L~t1.fl~ Lorna L. Delaney, . Clerk of the Board ~ VOL 19 fAŒ 0.- 6