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HomeMy WebLinkAboutMinutes - 19850521 000077 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 21, 1985 The Orange County Board of Commissioners met in regular session on May 21, 1985 at 7:30 in the Courtroom of the old Post Office building, Chapel Hill, North Carolina. COMMISSIONERS PRESENT: Vice-Chair Shirley Marshall and Commissioners Moses Carey, Ben Lloyd and Norman Walker. COMMISSIONER ABSENT: Chair Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, Planner Susan Smith and Clerk to the Board Beverly A. Blythe. A. BOARD COMMENTS Commissioner Marshall added two items to the agenda: (1) a report received from the Hillsborough Town Council dated May 20 relating to the Efland sewer and (2) scheduling a special meeting for May 24 for the purpose of reaching a decision on revisions to the wastewater collection and purchase contract with the Town of Hillsborough; receiving information from FHA and the engineering questions raised by the County, and receiving any further information from the county attorney on the status of the sewer agreement with the residents in Cheeks Township. Commissioner Marshall announced that at the June 11 Joint Planning Meeting with the Town of Chapel Hill, the Town Council, County Commissioners and the Planning Board, a discussion on the status of joint planning will be held, and if necessary, a work session will be held to finalize calendars and address other questions involved with joint planning. The meeting will be held in the Cultural Arts Building at Chapel Hill High School. B. AUDIENCE COMMENTS_' 1. MATTERS ON THE PRINTED AGENDA Commissioner Marshall announced that those present to address the OWASA Sludge application will be recongnized at the appropriate time. 2. MATTERS NOT ON THE PRINTED AGENDA None. C. APPOINTMENTS COMMISSION FOR WOMEN Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Eva Metzger, Miriam Saxon, Tina Vaughn and Karol Stang and to reappoint Ann McPherson to the Commission for Women. VOTE: UNANIMOUS. NURSING HOME COMMUNITY ADVISORY COMMITTEE Motion was made by Commissioner Carey, seconded by Commissioner Marshall to reappoint Mary Ann Matteson and Carol S. Weissert to this advisory committee. VOTE: UNANIMOUS. ORANGE COUNTY BOARD OF ADJUSTMENT Motion was made by Commissioner Carey, seconded by Commissioner Lloyd_ to appoint alternate member William Bunch as a full member of this Board. VOTE: UNANIMOUS. WHITE CROSS FIRE DISTRICT 00' 078 Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to appoint William Braxton Bowden, John 0. Cecil, Jr., Carson Lloyd, Tommie Rogan and Albert Williams to the Board of Trustees for the White Cross Fire District. VOTE: UNANIMOUS. D. PUBLIC HEARING-PRELIMINARY ASSESSMENT ROLL FOR WI KINS DRIVE (A copy of the assessment role and the proceedings of the Board are on file in the permanent agenda filed in the office of the Clerk to the Board.) Planner Susan Smith presented for public comment the Preliminary Assessment Roll for Wilkins Drive (SR 1803). Helen Ray, resident of Wilkins Drive for 29 years, endorsed the Participatory Paving Project because of the growth in the area which has caused the traffic to increase. Thomas Price, Jr., resident of Wilkins Drive. spoke in favor of the project because of the potholes in the road and noted his willingness to pay. THERE BEING NO FURTHER COMMENTS, THE HEARING WAS CLOSED. VOTE ON THE WILKINS DRIVE PPP PROJECT Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to confirm the Assessment Roll, accept the certificate of mailing offered by the Clerk, and to direct the tax collector to collect the assessment. The time of confirmation was exactly 7:58 p.m. VOTE: UNANIMOUS. E. REPORT- OWASA SLUDGE APPLICATION PRACTICES Commissioner Marshall announced that the Planning Board has presented a report on the OWASA land application of municipal sludge and that concerned citizens will be given an opportunity to speak. Dr. Alice Gordon, Chair of the Orange County Planning Board, stated that at the Planning Board meeting held on April 29, 1985, concerns were heard from the residents of Bingham Township about the application for municipal sludge to lands in that township. Dr. Gordon presented the following Resolution: RESOLUTION BY THE ORANGE COUNTY PLANNING BOARD ADOPTED APRIL 29, 1985 AS REVISED Whereas, the Bingham Township Advisory Council has voiced legitimate concerns regarding OWASA's application of treated municipal sludge to land in Bingham Township and concerns regarding possible health hazards to the community. Whereas, the Planning Director has ruled that this use falls outside the zoning regulations of Orange County. Whereas, the Planning Board apparently has no direct authority in this matter. Therefore, be it resolved that the Planning Board forward to the Board of County Commissioners all of the material which it has received on this matter, including citizen comments at our meeting, with the recommendation that the Commissioners review the concerns voiced by the Bingham Township Advisory Council and other citizens. The Planning Board would particularly like to draw the Commissioners' attention to the question of whether the 000079 County should assume responsibility for overseeing the application of sludge via the special use permit or other process. Dr. Gordon stated that citizens from Bingham Township expressed concerns about the future use of tracts that have been 'purchased by OWASA for the disposition and use of sludge and also expressed concerns about possible health hazards created by the existing sludge application. A petition presented by the residents is in the permanent agenda file. Dr. Gordon noted that Michael Hartley, Sr. presented to the Planning Board a document from the U.S. Environmental Protection Agency entitled Finding of No Significant Impact- which referred to the Weyerhauser tract and determines whether a proposed agency action will significantly affect the environment. Dr. Gordon read from this document: Section D. Paragraph 1 and line 1 of paragraph 2 -The purpose of this project is to provide the most cost effective site/method of sludge disposal for the Mason Farm wastewater treatment plant. Sludge from the plant is presently being disposed of by spreading on nine privately owned agricultural sites totalling 443 acres in southwestern Orange and northern Chatham County. Privately owned application sites are not always available because of inclement weather, crop harvesting, crop growing, and grazing schedules. Because of these limitations, OWASA needs to develop the capability to manage and dispose of sludge during periods when it is not desirable or there are conflicts with the landowner's use of the site. The purchase of the proposed 59.95 acre site would give OWASA the capability to dispose of sludge in an orderly manner. At present plant loading conditions, there have been periods extending for 30 to 45 days when the privately--owned sites have been unavailable for sludge disposal." Dr. Gordon pointed out that Section F states There would be some limited environmental impacts associated with preparing and operating the site." Also, Section G states `Although other public hearings were held on the original 201 facilities plan, selection of a sludge land application site occurred after the initial public hearings. The various alternatives were addressed and the selection of the proposed site has not caused any public opposition.` The Planning Board suggested that the Board of Commissioners consider the undertaking of a study to determine if the County wants to assume an oversight or develop other procedures under which sludge application operations would be approved and conducted. Dr. Gordon suggested that a definition of a bonafide farm be determined and that the staff investigate the question of special use permit or other local oversight process. Commissioner Marshall expressed appreciation for the information being brought to the Board as the sludge application is something significant in relation to growth impacts. Solutions need to be worked out that will help people feel comfortable with what is happening. PUBLIC COMMENTS Michael Hartley, Jr. defined sludge as the residue in the processing of sewage materials and noted that the materials have toxic dangers associated 0040030 with them. He referred to the permit which is granted for the discharge of sewage, industrial waste and other waste. The Orange County sites are located in the Collins Creek drainage area. OWASA's response to why the materials were concentrated in the Collins Creek drainage area was that they have no particular policy for the application of sludge in protected watershed districts. The statement contained in the Finding of No Significant Impact- indicates Collins Creek is the nearest drainage stream and no adverse impact is anticipated and the area's existing water supply (University Lake) is located in another drainage basin as well as the proposed Cane Creek water supply`. The statement is a contradiction to OWASA's previous statements. Because of the problems, hardship and rudeness to the people of Clover Garden community, a petition was circulated which received 82 names. This petition was presented to OWASA in the summer of 1984 and no official response has been received. The Department of Enviromental Management (DEM) did inspect the sites in dry weather and no runoff was observed. A number of the items listed in the permit have been observed to be violated. Hartley observed surveyors on the Durham Heirs tract who indicated lines were being run for an easement for OWASA. Durham said OWASA had not indicated the purpose of the property when it was purchased. Pat Davis, Assistant to the Director at OWASA, told Hartley in December that the property would be used for the disposal of sludge materials. The Orange County Planning Department was contacted and requested to evaluate the problem of sludge disposal in Bingham Township. The County did not know the location of these fields but did study the situation. Also, the Planning Department received a resolution from the Bingham Township Advisory Council in which they expressed concern about the problems with sludge. When the Durham Heirs' property was sold, Hartley contacted the EPA officer who was not aware that OWASA had purchased the Durham Heirs tract for sludge application and expressed concern that no environmental impact assessment had been completed. No public hearing had taken place and none of the procedures necessary under the terms of the EPA requirements were undertaken. Hartley submitted to the EPA a packet of maps and other documents with a letter requesting an extension for the period for comment. The request was denied on the grounds that OWASA told the EPA that the Durham Heirs' property was purchased for transferal property to be exchanged in the Cane Creek project. An appeal has been sent to the Board of Adjustement. He requested the Board of Commissioners evaluate the situation and set some means for regulation at on the local level so the citizens can be assured of a level of government with which they have contact and which is responsible to the citizens will have some regulation over the procedures involved. J. T. Thompson, property owner, expressed concern about the drainage and the fact that this drainage infiltrated his well on three (3) occasions. He noted that the sludge was spread on the land three (3) times last year. No signs were present, and it was put on deep enough to cover the tall grass and spread all the way to the road. Windows and doors had to be kept shut because of the odor. The sludge was put on with a tanker truck and not sprayed. The people in the area were not contacted about the use of the property. OWASA indicated their intention to increase the amount of sludge that will be disposed on this property in question. Commissioner Marshall indicated that sludge application is intended to be advantageous for the farmers and expressed concern that it had not been worked out. 000081 Edward Johnson, resident in the area, noted a problem in the concentrated application on parcels of land that are located close together and in the watershed. An attempt needs to be made to distribute the materials as widely as possible in Orange County and adjoining counties instead of all in the same watershed. If OWASA thinks the materials are too hazardous to endanger their water suppply, it is too hazardous for the downhill wells of the residents in the area. Lillian Duncan, a Dunham Heir, stated she was informed that houses would be built on the land. She would not have sold the property for sludge disposition. Carl Walters, Vice Chair of the Orange County Planning Board, expressed concern for the health factor and talked about the value of land application and the need for cooperation of everyone involved. The runoff problem must be a prime consideration in this application. He feels the Soil Conservation Office and the County Health Department should be involved in the monitoring of the areas where sludge is disposed. The farmer can benefit from this land application but should not have to pay for soil conservation. Everett Billingsley, Director of OWASA, indicated on a map the seven sites used for disposal of sludge. Three (3) are located in Bingham Township, three (3) in Chapel Hill Township and one (1) in Chatham County. The sludge is more widely dispersed than some may realize. The program is one that is environmentally sound and is closely monitored by the State and inspected periodically by the DEM. He emphasized the cost effectiveness of the program which represents a savings to OWASA of five cents per one thousand gallons of wastewater treated and a savings to the farmer of $40 per acre because of the high yields (two or three times more) and larger crops. It offers an economic benefit to the farming community because of the contents of nitrogen and phosphorus in the sludge plus the addition of one inch of water to the land. The sludge is not applied before or after a thunderstorn. The farmers that have been participating have a very strong endorsement of the program and its benefits. Also the Agricultural Extension Service works very closely with OWASA on the program. The practice is consistent with the EPA policy on recycling and the EPA has offered to underwrite 85% of the capital improvements for recycling. Billingsley stated he feels the practice is consistent with farming activities. He referred to the comments made about the program and stated that although the statements were made in good faith and in all honesty that none are documented by the facts as to the dangers that might be related to the program. He indicated that the petition was answered and that there is no requirement that public notice be given for OWASA to purchase the property. He believes that after the Planning Board Chair reviews the situation she will agree that what OWASA proposes to do with the property is appropriate under the ordinances of the County. The Institute of Government feels that what OWASA is doing is appropriate. It has been a cooperative effort between OWASA and the local farm community. Signs have now been posted on the property which indicate the proposed use of the property. It would be highly unlikely that the sludge application would contaminate a well. He pointed out that the Durham Heirs tract was purchased for a legitimate reason. He feels that statements have been made which are not quite correct. It may smell musty but there is no odor. He invited everyone to visit the sites to see for themselves. Commissioner Marshall referred to the statement that OWASA works very actively with the Agricultural Extension Agency. She asked if OWASA had worked with the local agency and Mr. Bill Mainous, who is the Director, who works very closely with the farmers and may be able to help with solving some of the problems and bring them to the attention of OWASA. Mr. Billingsley stated that OWASA had worked very closely with the former Director but had not contacted Bill Mainous. Commissioner Marshall indicated that Mr. Mainous would be a very good contact with the farmers and their immediate problems as they come up. Commissioner Marshall also asked if any attempt had been made to contact the 82 people who had signed the petition to notify them of the Public Hearing and Billingsley noted that it would have been a good idea but that no attempt was made. Commissioner Carey asked about a policy for the application of sludge in the County and Billingsley indicated that no policy had been needed. Chris Walker noted that he attended several meetings with regard to this concern and no response from OWASA had been received. Raymond Kirby expressed concern about bacteria in his neighbor's pond and noted the pond had to be drained for the contamination to be cleared up. Billingsley noted that on January 23, 1985, Mr. Hartley received a letter from Mr. Atkins about the lack of signs, runoff of the sludge, monitoring wells not used, etc. and was informed that investigation revealed there was no improper application of the sludge and no contamination caused by runoff. Hartley responded that the sites were investigated during a dry period instead of during the period when the problem would be expected to happen. One of the basic problems has been the lack of communication and lack of response to the concerns of the citizens. J. T. Thompson emphasized that sludge was applied right after a rain. He attempted to call Ron Williams, but Williams did not respond. The problem seems to be before or after a rain. Joe Smith asked Mr. Billingsley about the benefit to the farmer and ask for the number of farmers who benefit. Billingsley indicated that seven have participated in the program. Smith questioned the benefits with only seven in the program. Ron Williams summarized the different ways for disposal of sludge. Because of the risk of groundwater contamination the sludge is concentrated in one area. The best way for disposing of sludge is to apply the sludge to the land at a rate that will keep the nutrients in a cycle so the farmer will benefit. He explained the process of extracting the sludge from the wastewater and the treatment of the sludge. The application rate is controled by an annual soil test taken on each site. It is applied to the pasture land or to the soil if the land is used for growing crops. Carolyn McGaskil, Division of Environmental Management, advised OWASA that they will need to remove the phosphorus from the sludge and that there are no regulations for the sludge sites. Periodically samples are taken from the monitoring wells. Some of the concerns are true. However, signs have been erected, the monitoring wells will be used, and the buffer area must be maintained. She explained the purpose of the monitoring wells. Public concerns and complaints are welcomed and will be answered. She outlined the procedures if the permit is violated. The site can be revoked but the permit cannot be taken away. Commissioner Marshall expressed hope that the problems can be worked out to everyones satisfaction. She asked that the manager and attorney look into the situation and provide direction to the Board. F. ITEMS FOR DECISION 0001083 1. WILKINS DRIVE-PPP PROJECT Approved under item D above. 2_. HEART'S EASE SUBDIVISION-PRELIMINARY Planner Susan Smith presented for Board consideration of approval the revised Preliminary Plan for Heart's Ease Subdivision. The 34.7 acres of land is located west of SR 1450 in Eno Township. A 33-unit subdivision is proposed. The Planning staff recommended approval of the original submittal. The Planning Board recommended approval of the revised plan subject to four (4) conditions. A letter was received from Durham County on May 17, 1985 in response to the staff's request for a second review in which they reaffirmed their position of having no difficulty with this subdivision. The Durham County Planning Board will do a courtesy review of this development on June 4. Commissioner Marshall asked if the Board is willing to wait on the courtesy review. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the recommendation from the Planning Board to approve the revised plan subject to the following conditions: 1. submittal and approval of a maintenance agreement for the recreation site and facilities 2. specification of lot details, including size, equipment, and construction materials, on the plat 3. specification of the basketball court details, including size and hard surface, on the plat and 4. specification on the plat that the remaining recreation area will be grassed. Commissioner Walker questioned the requirement of the Board of a recreational area for 34 acres when another development was previously approved without this stipulation. Commissioner Carey noted that a development of this size should have a recreational area and it was an oversight when the previous development was approved. Commissioner Lloyd noted the recreational area is not a requirement in the Ordinance. Commissioner Walker expressed a concern that the requirement of a recreational area will increase the cost of the lot. Commissioner Marshall reviewed that the vote against the project was 3-2 because of the lack of recreational space and because a response on the application had not been received from Durham County. The applicant has included the recreational area in the plan for approval. For future developments a clarification is needed on the requirements of recreational areas. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to amend the motion to permit the developer the right to decide whether or not to provide recreational space in Heart's Ease Subdivision. VOTE ON THE AMENDMENT: AYES, 2; NOES, 2 (Commissioners Marshall and Carey). VOTE ON THE ORIGINAL MOTION: AYES, 3; NOES, 1 (Commissioner Marshall) . F3. RENFREW, BRIGADOON. AND MCDERMOTT DRIVES - PPP PROJECT PETITION Susan Smith presented for approval the petition for the Renfrew Drive/Brigadoon Drive/McDermott Drive participatory paving program project. The petition meets the criteria for eligibility to participate in the program. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the petition, adopt the Preliminary Assessment Resolution and o 3 schedule a public hearing on the Preliminary Assessment Resolution for June 3, 1985. VOTE: UNANIMOUS. F4. REQUEST FOR CONTINUATION OF PUBLIC HEARING FOR SCHOLAR AND WENG REZONINGS Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to continue the public hearing on the Robert A. Scholar and Dr. Weng rezonings to August 26, 1985. VOTE: UNANIMOUS. F5 AMENDMENT TO THE ORANGE COUNTY PRIVATE ROAD STANDARDS Susan Smith stated that Attorney Geoffrey Gledhill advised this item will need to go to public hearing in August and asked that no action be taken by the Board at this time. F6. RESOLUTION AUTHORIZING EXECUTION OF- SECTION 8 HOUSING ANNUAL CONTRIBUTIONS CONTRACT (Resolution recorded in full in the minute book, page o g(o .) Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt the resolution authorizing execution of Section 8 Existing Housing Assistance Payments Annual contribution Contract. VOTE: UNANIMOUS. F7. BUDGET AMENDMENT Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to amend the 1984-85 budget ordinance as follows: Appropriation-Orange Rural Fire Dept. Remittance $ 7,947.00 to District Source - Fund Balance Appropriated $ 7,947.00 VOTE: UNANIMOUS. ADDED ITEMS F8. CONTRACT FOR INSULATION REMOVAL AND HYGIENISTS SERVICES (a copy of the contract is in the permanent agenda file in the Clerk's office) . Bill Laws explained the contract for removal of 550' of insulation from the heating pipes in the Old Courthouse which must be removed before the contractors can continue the renovation work. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the contract of Harris. Humphrey and Moore for $5,230 to remove the insulation and the contract of Northrop Corporation at $325.00 per day for the services of a private hygienist for certification of a clean removal. VOTE: UNANIMOUS. F9. WASTEWATER COLLECTION AND PURCHASE CONTRACT (a copy of the contract is in the permanent agenda file.) Kenneth Thompson corrected the wording in ❑5 to read: County would pay the Town a blanket tap fee of $15,000 for up to 191 plus 34 properties in Orange Heights and the school. He presented a letter from Hazen and Sawyer dated May 20 in which two (2) options for Orange Heights were outlined. Commissioner Marshall suggested that other options besides "A" and _C" be worked out by Hazen and Sawyer to get back to the base bid and a phased-in program to include the 191 who signed contracts. Commissioner Carey agreed that additional options need to be developed to include as many of the 191 as possible in the initial project for the amount of money available. V0 'JU eJ Geoffrey Gledhill pointed out the County will bear all the capital costs in the Orange Heights area and will continue to serve this area at the city rates which means the other users will be picking up the cost for these people. Kenneth Thompson indicated that the capital cost will be there regardless and the system would be sized correctly. The oily cost would be the $300 tap on fee. He read through the modifications to tie Wastewater Collection and Purchase contract as proposed by the Town of Hillsborough. He stated that Kordell recommended against allowing any entry in'o the force main because the last major pump would need to be upgraded and likely some change in the size of the force main. By consensus a special meeting was set fo Friday, May 24, 1985 at 3:00 p.m. in the Commissioners Room, Hillsborough, NC Eor further discussion on the Wastewater Collection and Purchase Contract with he Town of Hillsborough. ADJOURNMENT Commissioner Marshall adjourned the meeting. Don Willhoit, Chair Beverly A. Blythe, Clerk tJ i r V V RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the Orange Count Housing Aut o f (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "Contract) with the United States of America, Department of iousing and Urban Development (herein called the "Governme t") . NOW, THEREFORE, BE IT RESOLVED by the HA as follows : Section 1 . The Contract , numbered Con ract No. A-2903 , is hereby approved and accepted both as to form and substance and the Chair of Bd. of Commissioners is hereby authorized and dircted to execute said Contract in triplicate on behalf of the PHA, and the Clerk to t e Bd - of Co ss ' o s is hereby authorized and directed to impress and attest the o ficial seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2 . The County- Manager is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract Section 3. This Resolution shall take effect immediately.