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HomeMy WebLinkAboutCFE 121498 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH , NORTH CAROLINA 27278 [ECIE OVE 6opntP of T DEC 1 0 F98 nttb CRT * o MEMORANDUM TO : Orange County Commission for the Environment FROM : Gene Bell , Interim Planning Director SUBJ : Agenda for Meeting 13 of the Commission for the Environment DATE : December 8 , 1998 The thirteenth meeting of the Orange County Commission for the Environment ( CFE) is scheduled for Monday , December 14 , 1998 at 730 PM . The meeting will be held in the Homestead Community Center located approximately 0 . 6 mile east of Calvander on Homestead Road . The agenda and attachments for this meeting are enclosed . If you have questions or will not be able to attend the December 14 meeting please let me know . I can be reached at extension 2592 at 7324181 (Hillsborough) , 967 - 9251 ( Chapel Hill/Carrboro) , and 68 & 7331 (Durham) . Note : Staff has confirmed through e-mail and phone conversations that a quorum will be present for the meeting. AGENDA 1 Orange County Commission for the Environment ( CFE ) Homestead Community Center P 600 Homestead Road , Chapel Hill , N . C . 27516 December 14 , 1998 - 7 : 30 PM 7 : 3 0 I . Call to Order - Dr . Loraine Kohorn, Chair 7 : 31 II . Consideration of Additions or Changes to Agenda 7 : 33 III . Approval of Minutes - November 9 , 1998 7635 IV . Report from Roy Fortmann , Air Quality Committee , on Status of DAQ Grant Application 7045 V . Report by Dr . Alice Gordon on Formation of Environment and Resource Conservation Department with Effective Date of January 4 , 1999 - Opportunity for Comment from the CFE 8 * 35 VI . Breakout Sessions of Air Quality , Biological Resources , and Education Committees 9 : 05 VII . Reconvene to Receive Oral Reports from Committees 9 : 25 VIII . Next Meeting - January 11 , 1999 9 : 3 0 IX. Adjournment 0 � ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT DRAFT Summary of Meeting Eleven , November 9 , 1998 Held in Orange County Southern Human Services Center , Chapel Hill , NC (Prepared by Adhir Kackar, Planner I , Orange County Planning Department) Members Present : June Dunnick, Roy Fortmann, Vice Chair, William Glaze , Commissioner Alice Gordon, Annette Jurgelski , Loraine Kohorn, Chair, Rosalinda Lidh, Richard Pratt, is Price , Lee Rafalow, and Jane Sharp -MacRae , Excused Absences : Daniel Okun. Staff Present : Gene Bell , Interim Planning Director, David Stancil , Planner II (Land Use and Environment) and Adhir Kackar, Planner I . I . Call to Order Chair Loraine Kohorn, called meeting to order at 8 : 03 PM . II . Consideration of Additions or Changes to Agenda Annette Jurgelski proposed that discussion of proposed expansion of the Shearon , Harris hazardous waste facility take place . Commissioner Gordon added that this discussion could include the crafting of a CFE resolution given Commission approval . . The motion to amend the agenda was approved by the Commission and discussion regarding the Shearon Harris plant was added as item V on the evening ' s agenda. III . Approval of October 12 , 1998 Minutes The following changes to the meeting minutes were approved . Annette Jurgelski suggested that section x, item c of the minutes be amended to read : (suggested changes in italic bold) Loraine Kohorn stated that Biological Resources discussed the Eno River Association plans for the possibility of acquiring a parcel of land that is currently a portion of Duke Forest . They have checked with Haven Wiley and Livy Ludington who are in the process of updating the Triangle Land Conservancy ' s 1988 Natural Lands Inventory . Rosalinda Lidh suggested that the last paragraph of section IV , be amended to read : (suggested changes in italic bold) Ms . Lidh indicated that the consultants felt that they lacked enough time to review the plan, but will get back to UNC- CH with their comments . Additionally, Ms . Lidh stated that she has a revised copy of the plan that Commission members are welcome to see , although she suspects that changes to the latest version of the plan will be forthcoming . 2 IV. Election of Chair and Vice- Chair Chair Loraine Kohorn opened the floor up for nominations . She added that if asked she would be willing to continue to serve as the Chair of the Commission . Richard Pratt made the motion to nominate , his motion was seconded by Roy Fortmann and Chair Kohorn was unanimously elected to continue to serve as CFE Chair , Roy Fortmann indicated his desire to continue to serve as Vice - Chair given the support of the Commission . Chair Kohorn nominated Roy Fortmann for the position of Vice Chair . Her motion was seconded by Richard Pratt and Roy Fortmann was unanimously eled imous ect to continue to serve as CFE Vice- Chair . V. Report on the November 4 Public Hearing on the Environment and Resource Conservation Department. Loraine Kohorn opened up her report by commending Jane Sharp -MacRae for her comments at the public hearing on the need for air quality to be an area of concern in the new department . Kohorn followed by providing a brief synopsis of the key points expressed at the hearing . Her comments included . • There were voices of support, disapproval and qualified approval at the hearing . • Opponents had felt that the proposal for the department had not been communicated well enough to the rural segments of the public . • Persons currently working in the area of land conservation were concerned that the tools were already in place and thus the rationale for allocating county money to create a new department was unwarranted . • The concern was expressed that proper communication . was needed with landowners so that they would be supportive of the efforts of the new department: : Annette Jurgelski added that opponents were also concerned about the addition of another level of bureaucracy if the new department was created . Commissioner Gordon stated that there was considerable misunderstanding at the public hearing . The point of the hearing according to her was to receive comments on the implementation of the department and not to debate the merits of the department ' s existence . She added that contacting and improving communication with land conservation groups , landowners , county departments , etc , will be one of the first items addressed by staff upon implementation of the new department . Lee Rafalow asked where the Orange County Board of Commissioners currently stood in regard to the new department . To this , Commissioner Gordon indicated that the department was established in June , but is awaiting implementation. She added that the time table for implementation is dependent on when implementation of the department is placed on the BOCC agenda. In response to earlier concerns about miscommunication, David Stancil added that theses issues are being addressed by the staff. Lee Rafalow mentioned that the Chapel Hill Herald wrote an editorial piece coming out against the department primarily on the basis that the new department will increase county overhead . To 3 his comment , Commissioner Gordon stated that the new department will not add anything in administrative costs and unlike others in the county , it will not be free- standing . Annette Jurgelski questioned if the new department could be a part of the Planning Department, rather than separate from it . Commissioner Gordon and David Stancil responded that in theory this was possible , but given the regulatory nature of the Planning Department it would be better to keep the new department separate so that it could be an advocate for environmental protection . Commissioner Gordon also added that the new department would not be a regulator as many at the hearing had anticipated . Rafalow brought up the point that the protection of natural resources is a regulatory action and that landowners that are concerned about their property rights have legitimate concerns . To this Commissioner Gordon reiterated that the new department is not being created to take away landowner rights . Jane Sharp -MacRae remarked that without the new department development acquisition tools such as TDR ' s cannot be utilized . Mr . Rafalow commented that when he first joined the CFE he felt that it could be a lightning rod for change , a potent political force . Rosalinda Lidh, reoriented the discussion by asking what specific steps needed to be taken by the Commission to ensure implementation of the new department . Sharp -MacRae felt that working with the media was critical and that a response to the Chapel Hill Herald editorial needed to be crafted to document the proactive role of the new department. Commissioner Gordon concurred, and added that the positive publicity about the department has not been evident thus an op - ed piece would be a good start . Rafalow and Sharp -MacRae indicated their willingness to draft an editorial piece highlighting the need for the department. Lidh reiterated her prior concern about if anything , by the Commission to guarantee implementation . Pratt what needed to be done , questioned the need for an editorial given the lack of a public mandate and the fact that there are enough votes on the BOCC to ensure implementation of the department . Commissioner Gordon stated that there were enough votes from the BOCC to implement the new department . Lee Rafalow repeated that he would be willing to draft an editorial response to the Herald piece and would be willing to run it by Jane Sharp -MacRae and Commissioner Gordon . Jurgelski and Rafalow suggested that the draft should be sent to the whole group for input and approval . Rafalow agreed, and it was decided that he would craft a response to the Chapel Hill Herald op- ed . VI . Report on November 5 Triangle Open Space Forum (TOSN) /Shaping Orange County ' s Future (SOCF) Meeting Rosalinda Lidh briefed the Commission on the TOSN/ SOCF Open Space Forum . She was happy to see so many people in attendance , and felt that the most promising aspect of the meeting was the maps . In contrast, she was disappointed that information on tools other than direct acquisition was not readily accessible . Lastly, she was planning to contact Jonathan Howes to obtain a copy of his presentation. David Stancil indicated that Lidh ' s disappointments may be partly attributable to the failure of a LCD projector . Stancil felt that this hindered the ability of speakers at the forum to present, but indicated that a complete version of Jonathan Howes ' planned presentation will be shown on the peoples channel . Also Stancil mentioned that he had a 4 copy of Howes ' speech that he could provide Lidh . Lidh added that another positive of the forum was that it highlighted how participatory open space protection tools are and how they are being used to meet landowner concerns . Rafalow added that the voices of opponents of open space protection are important and cannot be ignored . To this Lidh indicated that she was surprised to learn that preservation could significantly increase the cost of affordable housing . Returning to the issue of TDR ' s , Kris Price asked if TDR ' s had been used in the county and if they required any legal statues for their operation . Rafalow said that TDR ' s had been proposed in Stoney Creek, and had the support of the county attorney , in the Stony Creek context . David Stancil and Gene Bell responded that internal TDR ' s had been used in the county and in relation to Flexible Development. Stancil added that traditional TDR ' s as suggested in the Stoney Creek Plan have not been used in the county , and if they were to be used there is question whether state statues permit localities to employ TDR ' s . To this Jurgelski asked about the expense of TDR ' s and if the county has a fund in place to employ such a method . Stancil felt that the cost of TDR ' s would depend on the area that would receive development rights . VII. Shearon Harris Nuclear Waste facility Annette Jurgelski shared with commission members an email that she received earlier in the day detailing the proposed expansion of the Shearon Harris Nuclear Waste facility (see attachments) . Lee Rafalow raised the question if the proposed expansion was a failure of the Southeastern Compact . Mrs . Sharp -MacRae briefed the group on her knowledge of the Shearon Harris facility . Her comments included : • Shearon Harris is a high level waste facility for the deposition of fuel rods . • The proposed expansion of the facility is due to the impracticality of storing waste in coastal counties such as Brunswick and Robeson . • The threat of expansion is attributable to the fact that as fuel rods are placed in cooling pools with less and less distance between them, any disturbances would threaten life and the environment . • Federal regulations exist that govern the storage of fuel rods . Commissioner Gordon, stated that the CFE should draft a resolution indicating their concern about the possible expansion of Shearon Harris and submit it to the BOCC for immediate BOCC consideration . She recalled that at the September 15 , 1998 BOCC meeting Mary McDowell of Chatham County came and informed the Board of the situation at Shearon Harris , and that the County Engineer was directed to look into the situation . June Dunnick suggested that a letter should be written to the Nuclear Regulatory Commission (NRC) , indicating the need for a public hearing . Sharp -MacRae added that CP &L should also receive a letter . Commissioner Gordon asked commission members for specifics regarding the role that the BOCC should play in addressing the proposed expansion . Pratt indicated that in his estimation expansion is a highly political move . Fortmann added that the BOCC needs to ask for more information about the plans for the facility . William Glaze indicated that the risk assessment community has been calling for on- site deposition of waste rather than transportation of waste . Pratt added that there are stringent regulations that govern expansion of this facility, if 5 the proposed expansion of Shearon Harris is not in adherence with these regulations then the CFE should fight its expansion . June Dunnick spoke to the need for long term storage options also need to be considered , while Vice - Chair Fortmann stated that there is no alternative to place this waste except on- site . Kohorn asked if there was a technically feasible on- site solution . Gordon and Dunnick expressed their preference for not expanding Shearon Harris . Gordon then asked Stancil to draft a resolution that captured the sentiment of the group . After some wordsmithing , and statements by Dunnick, Pratt, Rafalow and Gordon that the resolution should advocate for a public hearing , held by the appropriate body , the Commission unanimously approved the following resolution. CFE RESOLUTION ON THE SHEARON HARRIS NUCLEAR WASTE FACILITY WHEREAS , on September 15 the Board of County Commissioners were advised about potential expansion of the high- level radioactive waste pool planned for Carolina Power and Light ' s Shearon Harris nuclear plant in Wake County ; and WHEREAS , on November 9 the Commission for the Environment was apprised of the possible risks inherent with the potential doubling of the high-level radioactive waste pools and long -term storage to accept radioactive waste from two other nuclear plants , and WHEREAS , a major waste pool accident would have an adverse impact on Orange County . NOW, THEREFORE , BE IT RESOLVED that the Commission for the Environment asks the Orange County Board of Commissioners to request additional information from Carolina Power and Light (CP &L) on this potential expansion and long -term storage before any action is taken . The Commission further asks the Board of Commissioners to request that CP &L provide this information at a public hearing to be held by the appropriate entity , and that the Board consider action on this matter at their November 17 meeting , and forward comments or concerns to the appropriate agencies . This , the 9th day of November , 1998 Loraine Kohorn Chair, Commission for the Environment 6 VIII . Update on Efforts to recruit new CFE members Gene Bell informed the Commission that no applications have been received for membership to the Commission . He stated that advertisements for the positions have been delivered through the normal channels . Lee Rafalow indicated that he has spoken with Marti Mandel and feels that she would serve if persuaded by a direct call from either Commissioner Gordon or Commissioner Brown . Rosalinda Lidh added that emails could be sent out on various UNC - CH listserve ' s that reach a broad spectrum of the local community . Rafalow indicated that he would send out a message on an environmental listsery that he subscribes to . Annette Jurgelski indicated that she met a former member of the Audubon Society that may be interested in serving , but is a recent Orange County resident . In response to these concerns , Gordon indicated that anyone who lives in Orange can serve on the board . Jurgelski commented in passing that it maybe useful to get opponents of the new department to serve on the Commission . Chair Kohorn concluded by stating that she felt with these efforts something should materialize . IX. Discussion of CFE Liaison to the Water Resources Committee (WRC) . Rosalinda Lidh began discussion by approving of the need for a liaison. She also indicated that she would be interested in serving in this post, although she would prefer that someone with experience in water quality would be a better candidate . Richard Pratt also expressed interest, and felt that his experience in groundwater modeling would make him a good liaison . He asked if his role as the CFE liaison would impact his work on the education committee . To this Gordon said that would be up to the Education committee to decide . The CFE agreed that Pratt should be the liaison to the WRC . Prior to the breakout sessions Commissioner Gordon expressed her gratitude to Chair Kohorn and the CFE for their support and presence at the November 4 public hearing . X. Breakout Sessions At approximately 9927 pm two of the three committees broke out into smaller sessions . Air Quality elected to meet at another time , given that William Glaze had to leave the meeting . Gene Bell assisted Biological Resources , Environmental Indicators/Education was duly helped by David Stancil and Adhir Kackar . Break- out sessions lasted for 30 minutes until 9 a 5 5 at which committees debriefed the Commission . XI . Committee Reports A . Environmental Indicators/Education Lee Rafalow indicated that as a short-term project the Indicator/Education Committee will develop with planning staff to establish CFE presence in cyberspace . In the long-term the committee will coordinate their indicator work with the SOCF effort and begin developing policies based on the sustainability report being prepared by Adhir Kackar . Lee Rafalow will begin his role as the liaison. B . Biological Resources . Loraine Kohorn and Rosalinda Lidh stated that Biological Resources will draft a letter to the BOCC , indicating the role that they would like to see the new department take , as it pertains to 7 resource protection , the role that it feels the Biological resources Committee can play in furthering resource protection in the county ; and specific directions the committee feels the county should head in, relating to environmental protection . In response to Pratt ' s question about when the new department could be voted on, Commissioner Gordon stated that a vote could occur as early as November 17 , depending on whether or not a vote can be scheduled on the agenda. XII . Next Meeting The next meeting of the Commission for the Environment will be on December 14 , 1998 and will be held at the Homestead Community Center . To ensure a quorum staff will contact CFE members . According to Gordon, if a quorum cannot be reached, then committees should aim to have reports ready for the BOCC goal setting retreat . Lee Rafalow inquired about the hiring process for staff once the Environment and Resource Conservation Department was implemented . Both Pratt and Rafalow, indicated the hiring of a department director was critical and that, as a representative of the public , the concerns of the CFE should be reflected in the hiring of a department head . XIII . Adjournment The meeting adjourned at approximately 10 : 05 pm .