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HomeMy WebLinkAboutMinutes - 19990921APPROVED 2/14/2000 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS Regular Meeting September 21, 1999 The Orange County Board of Commissioners met in regular session on September 21, 1999 at 7:30 p.m. in the second floor courtroom of the new County Courthouse at 106 E. Margaret Lane in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W. Brown, Moses Carey, Jr., Stephen H. Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. NOTE TO ALL READERS OF THESE MINUTES: Because of the anticipated impacts of Hurricane Floyd, the Orange County Board of Commissioners on Tuesday, September 14, 1999 canceled a public hearing that had been scheduled for 7:30 pm on September 16 to receive citizen comment about two proposed sites for a new construction and demolition landfill. That public hearing was rescheduled (as noted below in these minutes) to take place during this September 21, 1999 regular meeting. It is the Board of Commissioners' intention after the C&D landfill public hearing to adjourn the meeting and continue it to September 29, 1999 at 7:30pm at the Southern Human Services Center on Homestead Road in Chapel Hill. All items listed at the end of these minutes will be considered by the Board of Commissioners on September 29, except for the public hearing advertisement for the Joint Planning Public Hearing which is time sensitive and will be acted on tonight. Commissioner Gordon said that tonight's meeting is intended to address two items only: item 9-e (Advertisement for Joint Planning Public Hearing) and 2-c (Public Hearing on Proposed Construction and Demolition Landfill Sites). All other items scheduled for this meeting will be considered at a County Commissioners' meeting scheduled for 9/29. She suggested that the Commissioners consider item 9-e first, as it should not take much time to complete. e. Advertisment for Joint Planning Public Hearing - Oct. 13, 1999 The Board considered a legal notice for items to be presented at the Joint Planning Area Public Hearing scheduled for October 13. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the notice as presented. VOTE: UNANIMOUS C. Public Hearing - Proposed Construction and Demolition Landfill Sites Commissioner Gordon said that tonight the Board of County Commissioners wishes to receive citizen comments about the proposed C&D sites near Eubanks Road and Guess Road. The September 29th meeting will include consideration of several resolutions that would express the Board's intent to affirm one or the other C&D site as the preferred site, and/or their intent to reject one or the other, or both. Any decision to proceed would be related to further evaluation of either the Eubanks Road site or the Guess Road site, and/or to provide direction to staff to exercise the option to purchase the Guess Road site. No final decision to site a C&D landfill at either the Eubanks Road or Guess Road sites will be made until necessary procedural requirements have been satisfied. PUBLIC CHARGE Commissioner Gordon read the public charge. Opening Remarks from Gavle Wilson Gayle Wilson, Solid Waste Management Director, gave an overview of the site search process. He said that the Landfill Owners Group began discussions regarding property acquisition for the management of Construction and Demolition (C&D) waste materials in 1996. Staff conducted a preliminary review, including site visits, on twenty-five sites within the past two years. A C&D Site Search Task Force was created by the LOG in December 1998 to guide the search process. Two final candidate sites have resulted from the search process. r Eubanks Road Site Size - 32.7 acres (Capacity -14 years) ? Guess Road Site Size -179 acres (Capacity - 62 years) Presentation from Joyce Engineering Jan McHargue, P.E., Joyce Engineering, Inc. made a presentation. She presented information about the siting criteria, operational issues, transportation issues and watershed and groundwater protection. Written responses to public questions received from speakers at the Orange County Board of County Commissioners meeting held on September 7, 1999 on proposed C&D landfill sites were distributed to all in attendance. The public hearing was open for citizen comments: Robert Fletcher introduced Dr. Zibegniew Kabala, Ph.D., P.E. Department of Civil and Environmental Engineering, Duke University, Durham, North Carolina. Dr. Kabala said that the citizens in the Little River community asked him to look at the engineering report and make comments. He covered the following areas in his presentation: ? Nature of subsurface environments ? The extent of the required hydrologic characterization ? The size of the proposed Landfill ? The extent of the conducted hydrologic characterization ? Problems with the conducted hydrologic characterization ? Required hydrologic characterization - Revisited ? Conclusions Note: A copy of Dr. Kabala's presentation is in the permanent agenda file in the Clerk's Office. John Karatz made comments about the importance of protecting the water supply. Kathy Ebensol read a prepared statement against citing a C&D facility on Guess Road. Jean Dunne talked about the impact of transportation issues. She distributed a map comparing the proposed route to the probable route. The chart also showed the roadway design capacity per Joyce Engineering of NC 57, New Sharon Church Road and Guess Road. Dunne used a large map to show the route that is proposed which would be 33 miles from Chapel Hill. Ben Martin talked about how dangerous Guess Road really is. He said that there have been three deaths on this road because of the curves and hills on this road. Rob Forrester showed some pictures which shows streams running downhill which is on the property on Guess Road about 300 yards from the proposed site. He described each photograph as he distributed them to the County Commissioners. He said that this site is not convenient to the population who needs to use a C&D site. R. L. Forrester said that he realizes the County Commissioners need to provide a place for citizens to dispose of construction and demolition materials. He volunteered to serve on a citizens committee to help locate a site. He distributed a handout having to do with Durham County called "Relations with Durham County." He said that the commissioners in Durham are opposed to the project. Tom Campbell said that there is a great difference between a watershed and being right on top of a river. This decision is going to become part of the history and set standards for future projects. The decision to site or not to site a C&D facility on the Guess Road site impacts the Triangle Community Foundation which has 390 acres adjacent to this site. Walter Newman read a letter from Nicholas J. Tennyson, Mayor of the City of Durham, who expressed a concern that the tract on the Durham County/Orange County line is particularly problematic because of its proximity to Durham's water supply. Mike Schilke made reference to the Landfill Owners Group (LOG) and said that he hopes that each member will come out and walk the site before a final decision is made. Robert Phillips talked about contamination. He said that there is going to be a monitoring well 200 feet from his property line. He feels that 6 months between monitoring is too long because it takes months to get the report back from the state. The land is wet now. He said that if it is too far from everything to put a park on that site, it is too far for Chapel Hill to haul their construction and demolition material. Don Moffitt, member of the Eno River Association, asked that the County Commissioners not put the C&D site on the Little River and to not put one on Eubanks Road. He feels that a better way needs to be found to deal with C&D waste. He thinks it should be done on a regional basis. Ground water does have a value and in making this decision he asked the County Commissioners to consider the financial impact on the residents. Wayne Cash, member of the Eno River Association, said that he is concerned about transportation. Using the current number of trips on Guess Road, he determined that transportation costs for contractors could total $1 million dollars a year which the contractors have to pass onto the citizens. Robert Campbell spoke on behalf of the Rogers Road Neighborhood Group. He said that in 1970 the power behind the landfill was the University. He said that both sites have streams which run into a water supply watershed. Peagy Bishop asked if any of the County Commissioners have driven through their neighborhood. She feels that the noise from the trucks will ruin the country atmosphere. Kristin Triebel and Jens MacAller read a prepared statement. MacAller expressed a concern with the sediment from the landfill that will filter into the stream. He said that if their wells are polluted, water would need to be purchased which is expensive. Kristin Triebel talked about transportation and made reference to an article in the N&O and a proposal to buy the land and turn it into a park. Harvey McIver lives in Hillsborough on Occoneechee Street. He made reference to recycling C&D waste. He feels that there are options. One is that there are local private haulers that may be interested in collecting C&D waste. He thanked the Board for their leadership and encouraged the Board to go regional in siting a C&D. Darlene Yates said that she has a concern with residential wells because they are close to the site. She talked about the cost of this site. She urged the County Commissioners to walk the land they intend to use for the landfill so they could see how it floods. Jonathan Nettles told about the negatives which are created by a C&D site. He also talked about transportation and the problems created by increased traffic. Angelika Hanger talked about the hazardous conditions on Guess Road. Kate Dixon, Triangle Land Conservancy, talked about an opportunity for protection of open space. She said that Durham County has expressed an interest in purchasing the adjacent 370 acres. TLC is very interested in working with both counties on this project. Tim Ferguson said that he is surprised that this process has gone this far. The property is a beautiful site and would make a wonderful park for Durham and Orange Counties. He asked if it is correct that the Board needs to make a decision by the end of September and that was confirmed. He feels that this site is bad and that the County Commissioners need to find another site. Marv Cline said that she is opposed to the siting of a C&D disposal site on the Little River. She reminded the Board of the dangers that this plan presents. She said that there are three schools on Guess roads with school buses. She submitted a three-page letter which is in the permanent agenda file in the Clerk's Office. Joyce Grey said that she lives on Guess Road. The traffic on Guess Road already makes this a dangerous road. She said that 90 trucks a day means 10 additional trucks an hour all day long. Jay Zaragoza said that he feels that the Guess Road site would be a good regional landfill. Pete Schubert works for the United States EPA in the Research Triangle Park which is under construction. He takes exception to what the engineers said in their report. He talked about commitments to reduce the waste. Ben Martin spoke for his wife Emily Martin. He said that 40% of the traffic accidents on Guess road were caused from slow or stopped vehicles. He gave some other statistics about the dangers on that road. Anne Stoddard said that the Chamber does not advocate for one site or another but does feel that there needs to be a site in Orange County. She asked that the County Commissioners make a responsible decision. Rick Kennedy said that he lives near the current landfill. This is about something that no one wants. Just because the Guess Road site is a bad site, it doesn't make the Eubanks road a good site. Eubanks Road is not the best site. The landfill community wants safe water. He feels that the burden to take care of C&D should be shared with other parts of the County. He feels that the County Commissioners need to find another solution. Cindy Davis read a prepared statement. She talked about contaminates from groundwater contamination. She asked the County Commissioners to reconsider and not put this site on Guess Road. Garry Carver said that they have had 25 years of these hearings and it has always been Eubanks Road versus another site. These sites are not similar. The Board does have a choice. He made comparisons between the two sites. He said that he feels the landfill is in an area that is predominately black and poor. Fred Davidson said that he recently purchased a home in Orange County but did not drive north enough to see the signs posted. He does not feel it makes sense to put a dump on the Little River. He only imagines that this room is not filled with people from Durham County because it was not well publicized. He said that he will fight this all the way for years to come. Builders and land developers should be forced to abide by ecologically sound practices of disposal. Stacy Strickland hopes that the County Commissioners can locate another site. She feels that there are kids in this area that could benefit from programs on recycling. She would like to have a therapeutic riding facility for kids with handicaps. Also, this would offer a haven for horses that have no place to go. Mark Marcoplos said that we have to learn to cut down on construction and demolition waste. There is no easy solution but there are places around the country doing more than what Orange County is doing. We need to tackle this issue. We need to make a commitment to solve the problem of disposing of construction and demolition waste. He urged the County Commissioners to form a task force to study this problem. Robert Fletcher said that there are alternatives that are conveniently located. He asked if there were funds available for mediation. NOTE: A petition, which is in the permanent agenda file in the Clerk's Office, was presented with 1,684 signatures. The petition read: Concerned Citizens Against A Construction Waste Burial Site and Shooting Range on Guess Road, Summer Lane and New Sharon Church Road. This Ended the Public Hearing NOTE: All items listed below except 9-e were continued to a meeting scheduled for September 29, 1999 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. 5. RESOLUTIONS/PROCLAMATIONS (7:55-8:30) a. Construction and Demolition Landfill Siting b. Senior vaccination Season Proclamation C. Breast Cancer Awareness Month Proclamation d. Resolution in Support of Funding for Freedom House e. Resolution on Alternative Fuel Vehicles 6. SPECIAL PRESENTATIONS (8:30-8:35) a. Distinguished Budget Presentation Award 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA (8:35-8:45) 2. Appointments b. Minutes C. Ar)nointment of Two 19-A Countv-aoaointed Animal Crueltv Investiaators d. Animal Protection SocietV Proposal to Raise Shelter Adoption and Board e. Annual Contract Renewal between Animal Protection Society and Orange f. q h. i. L k. I. Petition for Addition - Wood Sage Drive in Chapel Hill Township Petition for Addition - Joyce Road and Ann Road (Ext. of S.R. 1598) in Hillsborough Township Orange EMS and Rescue Squad Contract -Ambulance Transport Service Motor Vehicle Tax Refunds Budget Amendment #2 m. Orange-Chatham Alternative Sentencing - CJPP Contract n. Forest Service Contract for 1999-2000 o. N.C. Industrial Recruitment Competitive Fund Nomination for Barber and Ross p. Reciprocal Agreement for Building Inspections for Carrboro. Chapel Hill and Orange Count 9. ITEMS FOR DECISION - REGULAR AGENDA a. New Assistant to the Manager Position (8:45-9:00) b. Text Amendments - Flexible Development Provisions (9:00-9:15) C. Efland Sewer Fund Inter-fund Debt (9:15-9:30) d. Efland Sewer Fund - Revisions to Fee Schedule (9:30-9:50) e. *Advertisment for Joint Planning Public Hearing - Oct. 13, 1999 10. REPORTS a. Triangle Land Conservancy Report - "A Landscape with Wildlife, Part 2 (9:50-10:05) 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION 14. ADJOURNMENT ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn this meeting (9/21/99) to 7:30 p.m. on September 29, 1999 at the Southern Human Services Center in Chapel Hill, North Carolina. The meeting was adjourned at 10:10 p.m. Alice M. Gordon, Chair Beverly A. Blythe, Clerk