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HomeMy WebLinkAboutAgenda - 03-26-1990 { Approved : 4-17-90 MINUTES SPECIAL MEETING ORANGE COUNTY BOARD OF COMMISSIONERS AND HILLSBOROUGH BOARD OF COMMISSIONERS MARCH 26 , 1990 7 : 30 P.M. The Orange County Board of Commissioners met in special session on Monday , March 26 , 1990 at 7 : 30 p.m. in Conference Room #1 of the Planning and Agricultural Building , Hillsborough , N .C. for the purpose of discussing Town and County Cooperative Planning , the development of a new central Orange County reservoir and a Joint Town/County Request for Classification of McGowan and Seven Mile Creek Watersheds. ORANGE COUNTY BOARD MEMBERS PRESENT: Chairman Moses Carey , Jr. , Vice- Chair Stephen Halkiotis, and Commissioners Don Willhoit ( left at 8:45 ) , Shirley Marshall and John Hartwell . ATTORNEY PRESENT; Geoff Gledhill ORANGE COUNTY STAFF PRESENT: County Engineer Paul Thames , County Manager John Link, Jr . , and Planning Director Marvin Collins , Clerk to the Board Beverly A. Blythe, and Deputy Clerk to the Board Kathy Baker. HILLSBOROUGH BOARD MEMBERS PRESENT: Mayor Horace Johnson , and Commissioners Allen L. Lloyd , Robert Rose, Carol Lorenz , and Remus Smith HILLSBOROUGH STAFF PRESENT: Town Manager Phillip Whittaker Chairman Carey welcomed new Hillsborough Board members Carol Lorenz and Bob Rose . Mayor Johnson stated that he met with Mayor Jenkins of Durham to discuss the location of the boundary line between Hillsborough and Durham County. The concern was the dog-leg at Linden Road and the fact that there is no crossover to the south side of Route 70 . This was an arbitrary line picked by Mayors Gulley and Sheffield several years ago. Mayor Jenkins concern initially was that the proposed activity was within Durham County. Mayor Johnson assured him that it was in fact inside of Orange County and that a boundary line needed to be established that was easily recognizable for both Orange and Durham County . Mayor Jenkins informed Mayor Johnson that Durham had water to meet the needs of Hillsborough and were ready to cooperate in any way possible. Mayor Johnson suggested taking another look at the contract. Durham wants protection of Little River and Eno Township. Hillsborough wants water and Orange County wants an agreement on planning. This is an opportunity to sit down to negotiate and have everyone come out a winner. I . Town/County Cooperative Planning a. Update on Hillsborough plans for Durham pipeline Chairman Carey asked if Hillsborough had decided that the Durham pipeline is going to be the solution for short range water supply rather than discussing a solution with OWASA. Mayor Johnson indicated that his Board has agreed that the Durham pipeline is the solution that they would most like to pursue. This solution would allow Hillsborough to grow. It would also allow Hillsborough to loop those lines with existing Hillsborough lines and Hillsborough could then increase the number of their customers so that they could afford to operate a reservoir . Town Commissioner Lorenz indicated that the Hillsborough Board also looked at the possibility of renewing the agreement they already have with OWASA. Each of the options has merits. However, the Durham pipeline seems to have advantages that the other options do not . The Board has not taken a final vote on it. The short term solutions they are considering are ( 1 ) the extension of the agreement with OWASA, (2 ) the Durham pipeline, and ( 3) a possible agreement with Mebane and Graham. Town Commissioner Rose indicated that the Town Board hoped to be able to give Hillsborough alternatives . The Board is currently considering using all three of the options listed above. The pipeline would allow Hillsborough 2 million gallons of water daily . It would also allow Hillsborough to hook up the new proposed school at New Hope. He mentioned that in 1988 the citizens of Hillsborough voted for the Durham pipeline. He strongly feels that this pipeline needs to be finished because the citizens voted for it. Town Commissioner Smith pointed out that the Durham pipeline is not going to pay for itself. Even if it were used 90 days a year, they would not use enough water to pay the expenses. He felt that this million dollars should be put into a reservoir. He also indicated that the Town of Hillsborough could reach agreement with OWASA to own part of the 60" line and use that line to connect the new school and loop the lines. A small reservoir could be built now and another one built later. Commissioner Willhoit stated that the water supply needs for central Orange have been discussed for a long time. The OWASA pipeline is a short range solution . He indicated that he understood the reasons for wanting the Durham pipeline and would be willing to abide by the Town' s decision. However, he stated that if the decision is driven by concern about ability to get a long-term commitment from OWASA for water through their pipeline then the County would like to be made aware of that. There is a commitment on the county ' s part to try to work out whatever is necessary in terms of a long term arrangement. The rates have been mentioned as being an impediment. However, as long as OWASA has a surplus they should be in a position to make an offer that would be competitive with Durham' s rates. The issue of looping and the ability to serve more distant areas makes it important to know what is expected in the community . He indicated that he felt that the County Commissioners would like to see more compact growth from the center out rather than developing the outer areas and working back toward the town. Town Commissioner Rose mentioned that the Durham pipeline offered the best rate Hillsborough has ever received from anyone. The monthly charge is $0 .85 per 1000 gallons after the first 50 , 000 gallons . It is almost profitable to use the Durham pipeline as a water resource on a daily basis. Planning Director Collins made a brief presentation comparing Orange County ' s Planning Board' s future expansion map with a similar map used by the Hillsborough Planning Board. He also pointed out the extraterritorial district, the transition areas and the rural areas on each map. He pointed out the boundary for cooperative planning as suggested by each Planning Board . The maps are similar except for the northern boundaries. The distinction between the two is that the Orange County map follows the topography lines and Hillsborough' s map follows township boundary. The differences in the maps to the east and south were pointed out. The differences in the transition areas were also discussed. County Manager Link asked about the boundary line between Hillsborough and Durham. Mayor Johnson replied that they were looking for a natural boundary such as a road. Commissioner Marshall indicated that Mayors Sheffield and Gulley both stated that they recognized that Orange County' s Land Use Plan came first. They were asked to write that into the agreement. Durham County did that, but Hillsborough has not yet done so. Commissioner Halkiotis asked if someone would address that area on the map which appeared to be attempting to stop Durham County ' s encroachment. Bill Crowther, Chairman of the Hillsborough Planning Board indicated that they extended this area so that Hillsborough could join with Orange County to try and preserve a corridor between Durham and Hillsborough . Commissioner Hartwell asked for further clarification of the looping that would take place. It was explained that one plan was to loop down to University Station and back up Hwy . 70 . Town Manager Whittaker explained that part of the rationale for extending Hillsborough ' s transition area south of I-40 was that the area could be served by gravity sewer rather than pump stations. Town Manager Whittaker indicated that they had received some inquiries about sewer service south of 1-40 . For that reason , he feels that there will be growth in that area within the next 20 years. Commissioner Marshall indicated that she was bothered by the fact that requests for water and sewer were being received from the transition area. Hopefully the growth will move slowly out from the urban center. Having utilities in the 20 year transition is not in keeping with this goal . Mr. Whittaker stated that they have inquires to I-40 and beyond for gravity flow sewer which would not require a major pump station . Commissioner Willhoit mentioned that ideally growth would grow from the corporate limits out. One of the major concerns of the Orange County Commissioners in supplying water to the school was that it not be a growth promoter. The line needs to serve the school but not be used to create an urban service area. Commissioner Hartwell stated that he felt that if the two Boards decided that an area was Urban Transition it should be under the Town ' s jurisdiction. It does not make sense to say it is going to be part of the Town eventually unless the Town has authority over it. Two Boards having control over the same area is impossible for the citizen. Commissioner Marshall indicated that she felt that joint veto was acceptable but that the planning and zoning is done by the municipality. The Land Use Plan that is adopted by each jurisdiction allows each to have veto over the plans of the others and that is an important element of this plan . Commissioner Hartwell indicated that his concern for the property owner would be satisfied as long as the citizen does not have to deal with both the municipality and county government. Town Commissioner Smith stated that originally there was an agreement that indicated that everything in the non-urban and rural area would not be annexed . Anything that might be urbanized was to be included in the transition area Chairman Carey suggested that two members from each Board meet to reach a recommendation to be brought back to the joint Boards. Commissioners Rose and Lorenz will represent Hillsborough and Chairman Carey and Commissioner Marshall will represent Orange County . Commissioner Willhoit indicated that it needs to be clear that a commitment has been made to provide a corridor between the urban service area of Hillsborough and the urban service area of Durham. b. Update on Orange County plans for relationship with Durham for protection of Little River Watershed County Manager Link stated that the Board of Commissioners has agreed to pursue the goal of permanent standards for protection of the Little River Watershed . This watershed provides water to Durham County. And they had a study done by Camp, Dresser, & McKee which indicated how that watershed needed to be protected . One of the primary recommendations was that a non-structural approach be pursued involving a two acre minimum lot size . That is one of the main recommendations that is anticipated coming from the City and County of Durham. At the first meeting the management staff from Durham cited some of the major requests they would be making of Orange County. One of those requests included minimum size lots . They are aware that the Orange County Commissioners have concerns about growth management in the rural and non-urban areas between the two counties. They have also been advised that the Board of Commissioners in Orange County have concerns about Economic Development and transportation corridors. Those are the major points shared at that meeting . Durham County and Durham City will give us a formal request specifically asking for watershed protection measures . Staff will then study the requests. A joint meeting between elected officials of Orange County, Durham County and the City of Durham will be held sometime after the 1st of September. Community organizations will be involved during the last quarter of 1990 and staff will make a presentation and recommendation to the Planning Board in November. This item will be discussed by the Board of Commissioners at their Annual Retreat in December. A public hearing will be scheduled in February, 1991 to receive comments on the recommendations from the Planning Board 's. The measures themselves will be implemented approximately one year from now. (Commissioner Willhoit left the meeting at this point) It was suggested that the agreement Hillsborough has with Durham be extended beyond the initial 10 year timeframe. In all likelihood the reservoir will not be completed in 10 or even 15 years and the need for water from Durham will remain until the reservoir is completed . Link indicated that Durham city and Durham County have been advised that there would be tangible expectations of them. Exactly what those expectations will be is still under consideration . Commissioner Halkiotis mentioned that Orange County citizens have demonstrated that they are willing to pay a high price for bottled water. The $0 . 85 per thousand gallons is a very modest figure when people are paying a minimum of $0 . 69 for a gallon of drinking water in the grocery store. II . Development of New Central Orange County Reservoir a. Status of Seven Mill Creek Reservoir b. Other Potential Sites III . Joint Town/County Request For Classification of McGowan and Seven Mile Creek Watersheds Chairman Carey opened the discussion on the development of a Central Orange Reservoir. The feasibility of moving ahead with a reservoir at Seven Mile Creek has been discussed by both Boards . Members of each Board have also discussed other sites which might serve the county as well . The impact on the Seven Mile Creek Watershed of the widening of 1-85 also needs to be discussed. Commissioner Hartwell indicated that he feels strongly that this watershed needs to be protected. Seven Mile Creek is one of the main tributaries above the pumps at Lake Ben Johnston which means that Hillsborough is using that water now. If more pollution comes from the interstate it will degrade the water used by Hillsborough regardless of whether a reservoir is built at Seven Mile Creek or not. He indicated that he favored a reservoir at Seven Mile Creek. However, the water needs to be protected from the Interstate regardless of whether or not the reservoir is built. Town Commissioner Smith indicated that the proposed reservoir at Seven Mile Creek would be at an elevation greater than the existing dam at Lake Orange which means it could be used as a settling basin or holding pond. Some of the ponds in the original proposal could prevent pollutants from going into the Seven Mile Creek Reservoir. If DOT would put some Best Management Practices (BMP) along the highway to do some preliminary settling and BMP' s were also put further down the channels leading into Seven Mile Creek it would have a buffer effect. The reservoir could be used as buffer for Lake Ben Johnston . Commissioner Rose mentioned that the present Fire Chief reported to him that DOT took no action on a spill that was reported to them on I- 85 . More recently a small spill was reported to DOT that occurred in downtown Hillsborough . Again , DOT took no action . He stated that he has no faith that DOT would respond to a spill at Seven Mile Creek since they did not respond to spills in downtown Hillsborough. He suggested looking at other options . Building a smaller reservoir above McGowan Creek while not flooding the historic section is an option. Commissioner Halkiotis indicated that the County has been trying to develop a working relationship with D.O. T . He suggested that the Hillsborough Board could join the Orange County Board in sending D.O.T . a joint resolution encouraging them to establish the BMP' s. Regardless of what happens with the reservoir the water in Seven Mile Creek needs to be protected . Chairman Carey concurred with this suggestion to join hands in an attempt to get a response from D.O. T . He pointed out that one of the reasons that the Environmental Impact Statement indicated no significant impact was because of the current level of classification of the Seven Mile Creek Watershed . When there is a low classification , which this watershed does have, DEM doesn ' t think anything will make it any worse. In actuality Seven Mill Creek is one of the few that does not have any point source discharges and it has potential to be better water quality than the State has it classified. The Orange County Board decided to seek an upgrade in the classification . Chairman Carey invited Hillsborough to join with Orange County in pursuing that upgrade in classification. He pointed out that the potential impact of road construction on the watershed might have been different if the classification had been higher. The consensus of the Hillsborough Board was that they were in agreement with this suggestion. It was agreed that both Boards will send a resolution to D.O.T. requesting that they implement BMP' s. Also, they will send a letter to D. E.M. requesting a reclassification of the watershed. Link suggested requesting another planning meeting with D.O.T. officials after Hillsborough sends them their resolution. This would be an appropriate time to discuss this issue with D.O.T. as they want the County to react favorably to the Chapel Hill/Carrboro Thorough Fare Plan. Thames indicated that Seven Mile Creek was classified as WS-III in 1983 partially because the County did not have watershed protection measures in place. They had not defined a water quality critical area. At the same time the two rest areas on 1-85 had discharge treatment plants which discharged into Seven Mile Creek. At the present time the standards are closer to WS--I or WS-II than to the current classification of WS-III . Mayor Johnson indicated that hopefully the Town Board would pass these resolutions at their April meeting. At that time they will forward these documents to D. E.M. and D.O. T. Chairman Carey indicated that he felt decisions needed to be reached concerning Seven Mile Creek and other sites on the upper Eno as potential reservoir sources. He suggested that a decision be made on how to proceed. Commissioner Marshall indicated that she felt a consensus had been reached that in considering other reservoir sites, existing historic sites would be protected everyone indicated agreement. It would help a great deal in the search if that were made public. It was also mentioned that the roller compacted type of dam needs to be considered. A smaller dam at Seven Mile Creek and another one on the upper Eno would be possibilities. Commissioner Halkiotis asked for clarification on the situation at Meadowland. Commissioner Rose replied that they were waiting for one more easement. Moses Carey, Jr. , Chairman Beverly A. Blythe , Clerk 39 R 'E S O L U T I O N WHEREAS, the North Carolina Department of Transportation has responded to existing and projected traffic volumes on Interstate Highway 85 west of Hillsborough by proposing planned improvements; and WHEREAS, planned improvements involve the construction of four additional traffic lanes and removal of the overpass over West Ten Road; and WHEREAS, planned improvements will create additional impervious surface in the Seven Mile Creek protected watershed area and limit pedestrian and non-motorized access from Ben Johnston Road to points south of Interstate 85; and WHEREAS, the Orange County Board of Commissioners desires a program of cooperative, coordinated, and continuing transportation planning with the State of North Carolina; and WHEREAS, the Orange County Board of Commissioners is committed to the protection of existing and future drinking water supplies and to mobility opportunities for its citizens; NOW THEREFORE, the Orange County Board of Commissioners requests that: * The North Carolina Department of Transportation implement appropriate best management practices to control runoff from Interstate 85 into Seven Mile Creek; and * That pedestrian and non-motorized access under Interstate 85 from Ben Johnston Road to West Ten Road be maintained through the use of a culvert or tunnel or similar structure. BE IT RESOLVED, this 5th day of March, 1990. (14/41424-- / ' /1 , Moses Carey, Chairm Orange County Boar. Commissioners ORANGE COUN'T'Y COMMaSSIONERS 108 Easr MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY.JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT AGENDA JOINT MEETING ORANGE COUNTY BOARD OF COMMISSIONERS AND HILLSBOROUGH BOARD OF COMMISSIONERS MARCH 26, 1990 A joint meeting will be held between the County Board of Commissioners and Hillsborough Town Commissioners on Monday, March 26, 1990 at 7 :30 p.m. in meeting room W1 of the Planning and Agricultural Building located at 306 Revere Road, Hillsborough. AGENDA I. Town/County Cooperative Planning a. update on Hillsborough plans- for-Durham pipeline . b. update on Orange_County- plans-for. relationship - - with Durham for protection of Little :River watershed = II. Development of New- Central Orange County Reservoir a. status of Seven Mile -Creek Reservoir b. other potential -sites. . III. Joint Town/County Request for Classification of McGowan and Seven Mile Creek Watersheds REMINDER: The County Commissioners will meet at 7: 00 p.m. in the Commissioners ' Library- to---endorse -the = importance of completing the census - forms and returning them on time. They will be available for pictures. / 7 OBJECTIVE 3 Pursue permanent standards for watershed protection for Little River/Lake Michie. PLAN OF ACTION A. Establish formal communication with Durham staff. February 1990 B. Formal request from Durham for watershed protection. June 1990 C. Staff study of requested protection measures. March-Aug. 1990 D. Discussion of requested protection measures by Sept. 1990 Orange County/Durham County elected officials. E. Negotiation by management on economic development, April-Sept. 1990 transportation and development regulation issues. F. Discussion of implementation with Target Advisory Sept. -Nov. 1990 Committees, community organizations, etc. G. Presentation of staff reports to Planning Board. November 1990 H. Discussion with BOCC at annual retreat. December 1990 I. Staff, Planning Board report to BOCC public hearing. February 1991 J. Implementation of measures. April 1991 I! - /1`. 71 3 -,26 _ 967 39 R E S O L U T I O N WHEREAS, the North Carolina Department of Transportation has responded to existing and projected traffic volumes on Interstate Highway 85 west of Hillsborough by proposing planned improvements; and WHEREAS, planned improvements involve the construction of four additional traffic lanes and removal of the overpass over West Ten Road; and WHEREAS, planned improvements will create additional impervious surface in the Seven Mile Creek protected watershed area and limit pedestrian and non-motorized access from Ben Johnston Road to points south of Interstate 85; and WHEREAS, the Orange County Board of Commissioners desires a program of cooperative, coordinated, and continuing transportation planning with the State of North Carolina; and WHEREAS, the Oranae County Board of Commissioners is committed to the protection of existing and future drinking water supplies and to mobility opportunities for its citizens; NOW THEREFORE, the Orange County Board of Commissioners requests that: * The North Carolina Department of Transportation implement appropriate best management practices to control runoff from Interstate 85 into Seven Mile Creek; and * That pedestrian and non-motorized access under Interstate 85 from Ben Johnston Road to West Ten Road be maintained through the use of a culvert or tunnel or similar structure. HE IT RESOLVED, this 5th day of March, 1990. a • / /1 , Moses Carey, Chairm Orange County Boar. • Commissioners r. n n ♦0� Q 'n5 IT March 26, 1990 George T. Everette Director, Division of Environmental Management Department of Environment, Health and Natural Resources State of North Carolina P. O. Box 27687 Raleigh, N.C. 27611 Dear Dr. Everette: On behalf of the Orange County Board of Commissioners and by its unanimous decision, I am writing to you to request that the Division of Environmental Management and the Environment Management Commission initiate the process for upgrading the watershed classification of Seven Mile Creek to a WS-I or WS-II status. At the present time, this sub-basin of the upper Eno River watershed is classified as a WS-III water supply as is the entire upper Eno basin. Lake Ben Johnston, the existing water supply reservoir for the Town of Hillsborough and Hillsborough's water supply intake lie within 300 yards of the confluence of Seven Mile Creek and the Eno River. Orange County has long maintained an interest in the Seven Mile Creek basin as a water supply and as a potential site for a reservoir. The County presently owns approximately 170 acres within the watershed, with the majority of this property located within the area which would be inundated by the normal conservation pool of a reservoir. In addition, the Seven Mile Creek area and the entire upper Eno basin upstream of the dam at Lake Ben Johnston have been designated as water supply watershed in the County Land Use Plan and are protected accordingly by the Land Use Plan and the County Zoning and Subdivision Ordinances. Generally, the Orange County ordinances and Land Use Plan define and protect both water quality critical areas and watersheds in a fashion that generally conforms to DEM's existing definitions and standards for water supply watersheds. Orange County regulations protect the Seven Mile Creek and upper Eno River basin from the effects of human activity by regulatory restrictions on density, impervious surface, types of land usage, stream buffers, stormwater runoff, industrial and Mr. Everette Page 2 March 26, 1990 commercial development, hazardous material use and storage, septic system location, and erosion control. In addition, Orange County has the benefit of a very active local office of the Soil Conservation Service which works with farmers and dairymen to install and maintain a variety of agricultural best management practices. Over the years, Orange County has repeatedly demonstrated a willingness and a determination to take whatever measures are required to protect the environment in general and water supplies in particular. The County governmental departments for planning and environment health have maintained a well deserved reputation for being on the cutting edge of environmental protection and management. At the present time, the County and its water supply as represented by the Seven Mile Creek watershed are threatened by the potential adverse impact represented by the proposed widening of Interstate 85. A two mile long section of 1-85 lies within the water quality critical area on the northern side of Seven Mile Creek. The widening of the interstate will more than double the impervious surface of the roadway and will probably generate addition overall quantities of pollutant attributable to automobile traffic. The additional quantities of stormwater runoff created by the additional impervious surface will insure that an even higher percentage of this pollutant will reach the water supply. There will also be addition development pressure on this section of roadway as this area develops into an even more heavily used transportation corridor. The N.C. Department of Transportation did perform an Environmental Impact Assessment for the proposed widening of the interstate, but arrived at a "Finding of No Significant Impact". This FONSI was possible, in part because Seven Mile Creek is classified as a WS-III water supply with low quality waters. It is Orange County's contention that the existing County regulatory watershed protection measures, the lack of point source discharges within the watershed and the sparseness of habitation and development within the watershed should entitle the watershed to a higher water supply watershed classification and additional state regulatory protection measures required to ensure the continuing quality of the waters. Orange County is seeking DEM's assistance, by means of a higher water supply watershed classification, in convincing NCDOT to provide Best Management Practices that are adequate to protect the water quality in Seven Mile Creek. Orange County is aware of the present effort by the EMC and DEM to upgrade the standards for water supply watersheds and supports this effort as evidenced in our Mr. Everette Page 3 March 26, 1990 efforts to provide additional watershed protection for University Lake and in this effort to protect the Seven Mile Creek and upper Eno basins. We would greatly appreciate your assistance in this matter and any effort you can undertake in our behalf. If you have any questions regarding our request, please contact the County Manager, John Link, or myself. We look forward to working with you regarding this request in the near future. Sincerely, Moses Carey, Chair Orange County Board of Commissioners MC/ltc LDEM3-23