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HomeMy WebLinkAboutAgenda - 06-19-2001-5c*' ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2001 Action Agenda Item No. SUBJECT: Resolution Acknowledging Durham City Sewer Facilities Being Extended Into Orange County far L&W Mobile Home Park _ _ _ DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Proposed Resolution Craig N. Benedict, ext. 2592 Letter from Robert E. Hornik, Jr., The Brough Law Paul Thames, ext. 2303 Firm, to John Link dated 5/24/2001 Rosemary Summers, ext. 2411 Letter from Rosemary Summers, to Wayne Paschall dated 5/24/01 Letter from Rosemary Summers, to Durham City Council, dated 5/22/2001 Letter from Rosemary Summers, to Orange County Board of Commissioners, dated 5/22/2001 Letter from Rosemary Summers to Orange County Board of Health & Orange County Board of Commissioners dated 3/13/2001 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To acknowledge and grant permission as required by NC Statute far the extension of Durham City public utilities into Orange County to service L & W Mobile Hame Park. BACKGROUND: The history of the need to service the existing 41 mobile home spaces in L & W Mobile Home Park is elaborated in the attached letters. A number of septic systems in the park have failed. The owner is currently under a health department order to vacate spaces due to the failing irreparable systems. This area is within the I-85/US 70 (Durham Area) EDD and also noted as part of Durham City's Urban Growth Area (UGA) where annexations are likely to occur especially if water and sewer is extended. Mobile home parks are inconsistent with the EDD long-range use of the area and both planning departments are trying to reconcile the differences as requests for service in Orange County are becoming more regular. L & W Mobile Home Park would be responsible to pay the costs of extensions. Water systems are presently in the area but the site would probably be serviced by a new pump station and whether it is intended for only L & W Mobile Home Park sizing or otherwise has not been determined. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): The Manager recommends that the Board adopt the resolution granting permission to Durham City to extend sewer to the L & W Mobile Home Park. 2 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS Whereas, the Orange County Board of Commissioners is charged with protecting the health, safety, and welfare of all Orange County residents; and Whereas, the Orange County Board of Commissioners desires to preserve currently available affordable housing options for residents of Orange County; and Whereas, failing septic systems that discharge sewage to the ground constitute a significant public health risk far residents living in these conditions; and Whereas, failing septic systems may lead to groundwater contamination; and Whereas, the mobile home spaces in the L & W Mobile Home Park constitute forty-one affordable housing spaces; and Whereas, the Environmental Health Division of the Orange County Health Department has determined that the septic systems of the L & W Mobile Home Park are not repairable using conventional waste water technologies; and Whereas, residents in fourteen ofi the fatty-one mobile homes in the L & W Mobile Home Park are living with failing septic systems; and Whereas, the owner of the L & W Mobile Home Park desires to remedy this public health concern for the residents of the L & W Mobile Home Park by seeking connection to the Durham sewer system; and Whereas, the owner of the L & W Mabile Home Park has expressed willingness to fully fund the construction of the required force main and pump station Therefore Be It Resolved that the Orange County Board of Commissioners do hereby acknowledge extension of Durham City Sewer Facilities into Orange County for service to L & W Mobile Home Park,.for an area approximately 7 acres in size, and located in Eno Township, Tax Map No. 25, Lot No. 91. This, the 19~' day of June, 2001 Ir THE BrROUGH LAW FIRM 1829 E. FRANicuN S'rRaET • SvITE 800•A Ck1APEL HILL, NORTH CAROLINA 27$14 TEL (919) 929.3905 • FAx (919) 942-5742 MICHAEL B. BROUGH WILLIAM C. MpRGAN, JR: G. NICHOIAS HERMAN ROBERT E. HgRNIK, JR May 24, 2001 VIA FACSIMILE 919/b44-30p4 and lgt CLASS U.S. MAIL Mr. John Link, Jr. County Manager Orange County Government Services Ctr. 200 S. Cameron Street Hillsborough, North Carolina 27278 Re: L&W Mobile Home Park; Sanitary Sewer Services Issue Dear Mr. Link: This Fixm represents the L&W Mobile Home Park and its proprietor, Wayne Paschall, with respect to Mr. Paschall's efforts to have the City of Durhaln°s sanitary sewer line extended a short distance (a few hundred yards) into Orange County so as to provide public sanitary sewer services to the mobile home pazk:. The mobile home park is located on Old Highway 10, just south of U.S. Highway 70 and just west of N.C. Highway 751 in Orange County, where it has been in operation for more than 30 years, the last 3 years under Mr. Paschall's ownership. As you may be aware, the L&W Mobile Home Park is currently engaged in administrative proceedings with the Orange County Health Department arising from the condition of the septic systems which serve some of the units in the mobile home park. In fact, on April 30, 2001, a hearing was conducted with the Orange County Board of Health concerning its determination that several units in the mobile home park needed to be vacated due to failing septic systems. If that remedy were imposed, the mobile home park would likely be forced to shut dawn completely and its remaining tenants displaced. On May 17, 2001, we met with the entire Orange County Boazd of Health to discuss this issue. At that meeting, the Orange County Board of Health adopted a resolution which essentially postponed a decision on whether to order the mobile home pazk to disconnect several units from the septic system and vacate those units while we try to arrange to connect the mobile home park to a proposed extension of Durham's sanitary sewer system. Although I do not yet have a copy of the Orange County Boazd of Health's resolution adopted on May 17, I expect to receive one soon and anticipate that you will be hearing from the Board of Health, too. I write this letter to you to ask your assistance in seeking and obtaining the support of the Orange County Board of Commissioners for Mr. Paschall's effort to reach an agreement with the brough~broughlawfirm.mm morgan@broughlawfirm.com hermat~~broughlawfirm.mm hornik@braughlawfirm.wm Mr. John Link, Jr. May 24, 2001 ~ Page 2 City of Durham pursuant to which the ,City of Durham would extend its sanitary sewer system to serve his property. The L&W Mobile Home Pazk is located on the very eastern edge of Orange County, between U.S. Highway 70 (to the North) and Old North Carolina Highway 10 (to the South). As I understand it, many years ago, the City of Durham extended its sanitary sewer system to serve a property located in Orange County, lying between the L&W Mobile Home Park and the Orange County/Durham County line. However, that line is not sufficient to serve my client's property. Due to the limited area available in and azound the mobile home park for installing new septic systems and due to the relatively poor soil conditions in the azea, the most sensible long term solution to Mr. Paschall's problem at the mobile home park is to connect to Durham's sanitary sewer system. X think it is fair to say that Orange County Health Department officials and Durham Planning and Public Works officials agree with that assessment. However, the fact that Durham would need to extend its facilities into Orange County makes the practical solution a little bit complicated. We have been in contact with Durham officials over the past year in an effort to get Durham's commitment to extend the sewer line. We met this past Tuesday (May 22nd) with Dick Hails, from the Durham Planning Department, various other Durham officials, and property owners in the area to discuss the prospects of Durham extending its sanitary sewer facilities into this part of Orange County. Based on the tenor of the conversation we had at that meeting, it appears that there is some effort under way between Durham officials and Orange County officials to lay the groundwork for an eventual extension of Durham's sanitary sewer system to serve the azea so that there might be some economic growth in the area. Mr. Paschall's property is located partially within and partially outside the area depicted on the West Northwest Durham Urban Growth Area Plan, a draft of which was on display at our meeting earlier this week. According to Mr. Hails, Durham's vision for development of the azea is generally (though apparently not entirely) consistent with Orange County's Economic Development District. As I understand it, it is Durham's policy to require the owners of property outside the Durham City limits to petition for annexation as part of the sanitary sewer service extension process. Additionally, it is Durham's policy to require that the sewer rights-of way and facilities be conveyed t~ th.e City of Durham. Pursuant to North Carolina General Statutes Section. 153A- 15, however, the Orange County Boazd of Commissioners would have to approve the conveyance of an interest in real property situated in Orange County to the City of Durham because the City of Durham is located in Durham County. Simply stated, the situation with respect to the L&W Mobile Home Park is an emergency situation requiring some relatively quick action in order to avoid the dislocation of many, if not all, tenants now residing at the mobile home park. Based on the discussion at our May 22nd meeting in Durham, any agreement between Durham and Orange County regarding future development plans for the lazger Urban Growth Area is at least months away. Mr. Paschall and the tenants at the L&W Mobile Home Park do not have that much time to correct the situation at the park. The Orange County Board of Health has agreed to delay any decision on the issue until its .June 28, 2001 meeting. The Board of Health has directed my client to seek whatever Mr. John Link, Jr. May 24, 2001 5 Page 3 approvals may be necessary from the Orange County Board of Commissioners to facilitate and expedite the extension of Durham's sanitary sewer system to serve the L&W mobile home park. It is my understanding that the Orange County Boazd of Health will communicate with the Orange County Board of Commissioners regarding this matter, and will ask the Board of Commissioners to support our request for assistance. . Specifically, I request on behalf of my client that the Orange County Board of Commissioners consider at its June 19, 2001meeting the adoption of a resolution approving the conveyance by my client (and the owners of other properties lying between the L&W Mobile Home Pazk and the Durham County line if necessary) of rights-of--way sufficient for the installation of a sanitary sewer facility to serve the mobile home pazk, and to support my client's petition for annexation into the Durham City limits so that Durham's sanitary sewer facilities can be extended to the mobile home pazk. We are currently working with. Durham officials regarding the fmancial arrangements that may be necessary for Durham to extend its sanitary sewer facilities to serve the L&W Mobile Home Pazk. I have been told by Kathryn Kalb, Durham's Public Works Director, that as an engineering matter, making the connection will be relatively simple, although a pump station will be required. . Please let me know what, if anything, further my client or I may need to do in order to have this matter placed on the agenda for the Orange County Board of Commissioners' June 19, 2001 meeting. Thank you very much for your anticipated prompt attention and assistance. Very truly yours, THE BROUGH LAW FIRM f• -. . ~~ Robert E. Hornik, Jr. REHjr:las cc: Wayne Paschall Dr. Rosemary Summers Dick Hails, Durham Planning Dept. Kathryn Kalb, Durham Public Works Dept. Geoff Gledhill 6°~°« °~ b Orange County Health Department w~ .+ b R ~ Jonathan E. Klein, Chair Rosemary L. SUmlmers, MP$, DrPH Janet H. Southerland, vice Chair ° Orange County Board of Health Health. Director Orange County Board of Health Richard E. Whiffed Human Services Center 300 W. Tryon Street, P.O. Box 8181 Hillsborough, N.C. 27278 Telephone: (919) 245-2411 Fax: (919) 644-3007 Mr. Wayne Paschall C/o L&W Enterprises of Durham 5214 01d Hillsborough Rd. Durham, NC 27705 Deaz Mr. Paschall: o~~Y H' G~ ~° s C O a O~ xv.6" _" -_.. .. _. Southern Human Service Center 2501 Homestead Road Chapel Hill, N.C. 27516 May 24, 2001 Telephone: (919) 96&2022 Fax: (919) 968-2013 This letter is to follow up on the Board of Health action taken at their meeting on May 17, 2001. The following motion was passed at that meeting: "The decision on the L & W Enterprises appeal on the order to vacate spaces as outlined in the order dated March 19, 2001 be delayed until the regularly scheduled June Board of Health meeting on June 28, 2001. At that time L & W must have completed the following: Documentation/paperwork that specifies that: • The extension of sewer by the City of Durham to the L c~ W Mobile Home Park is to be owned by the City of Durham; • A provision that limits Durham's annexation of the Park to a future date (unspecif ed). At the future date that Durham wishes to annex the property, another request for annexation should be filed with Orange County; • A financial instrument/vehicle be provided to the Orange County Board of Commissioners and the Board of Health that provides assurance that funds are available for the construction of the force main and lift station AND for a regular schedule of pump and haul sufficient to prevent surfacing and ponding sewage far the entire interim period prior to the force main and lift station being in full service; and • Seek approval by the Orange County Commissioners by docketing the proposed ownership of the system by the City of Durham as specified above no later than the Commissioners meeting scheduled for June 19, 2001. " I would remind you that during this appeal process, the date required for action (in this case vacating the fourteen spaces) is suspended fvr the period of the appeal. Once the Board of Health makes a final determination on the appeal, a new date to vacate would be based on the remaining time in the original order. In this case there were approximately 30 days left between the date the appeal was filed and the date specified for the mobile homes to be vacated. At the Boazd meeting, Mr. Hornik requested that the Board of Health send a letter of request for cooperation to both jurisdictions that are involved in resolving this matter. A letter was sent earlier this week to the Orange County Board of Commissioners and to the Durham City Council Chapel Hill Durham Mebane (919) 968501 (919) 688-7333 (336) 227-2031 Page 2 Letter to L & W Enterprises May 24, 2001 through Ms. Katherine Kalb, informing them of the status of this situation and requesting their cooperation. You should be receiving copies of bath of those letters. I would appreciate it if you could keep Ron Holdway or me informed as to the progress you aze making. As ordered by the Boazd of Health, this matter will be on the agenda of the June 28, 2001 meeting. I will need to have any documentation that you wish to present to the Boazd no later than the close of business on June 21, 2001. Thank you for your cooperation and I look forwazd to the resolution of this matter. Sincerely, Rosemary L. Summers, MPH, DrPH Cc: Geoff Gledhill, Orange County Attorney Bob Hornik, Attorney far L & W Enterprises Ron Holdway Paul Thames Orange County Board of Health 7 C:\windows\TEMP\L & W follow-up letter 0501.doc dp0n~r ~~.. Drange County Health Department ~°,^'y "ee~f~ a° °. m e u ~ Jonathan E. Klein, Chair RO5emary L. Summers, MPH, DrPH Janet H. Southerland, vice chair ° ' $ ~o''e e"e,a~ Prange County Board of Health Health Director Orange County Board of Health ~~~~ Richard E. Whltted Human Services Center Southern Human Service Center 300 W. Tryon Street, P.O. Box $181 May 22, 2001 2501 Homestead Road Hillsborough, N.C. 27278 Chapel Hill, N.C. 27516 Telephone: (919) 24x2411 Fax: (919) 644-3D07 Telephone: (919) 968-2022 Fax: (919) 96&2013 To: Durham City Council Through: Katherine Kalb, Durham Public Works Director From: Rosemary Summers, Orange County Health Director Re: L & W Mobile Home Park This letter is to ask your assistance in expediting a matter that has public health implications for a group of residents. in Orange County. The L & W Mobile Home Park, wholly located within Orange County has been determined by the Environmental Health Division of the Orange County Health Department to have septic system failures for many of the mobile homes in the park. The failing systems aze discharging sewage to the ground where it is ponding. There is no on-site repair strategy available other than connection to a public sewer system. 1VIr. Wayne Paschall, the owner of the L & W Mobile Home Pazk, asserts that he has been working with the City of Durham to secure approvals for connection of the Pazk to the Durham city sewer system. On Mazch 19, 2001, Environmental Health notified Mr. Paschall that fourteen of the spaces needed to be vacated no later than May 19, 2001. Subsequently, Mr. Paschall, through his attorney, Mr. Hornik, filed an appeal to the Orange County Board of Health. On Apri130, the Board of Health Hearing Officers heard the appeal and reported to the full Board of Health at its regulaz meeting on May 17, 2001. Tn L & W's appeal, they requested additional time to "finalize whatever azrangements or agreements must be made between those municipal entities [Orange County and the City of Durham) to allow the extension of Durham's sanitary sewer system to serve the areas of Orange County which includes the mobile home park." L & W maintained at the hearing that Mr. Paschall, as the. owner of the mobile home Pazk, is willing to finance the construction of the connection. Jn addition, Mr. Paschall maintains that vacating the fourteen spaces as ordered by Environmental Health will make the mobile home park financially unfeasible to maintain and that he would be forced to close the entire park. At my request, Paul Thames, the Orange County Engineer has been in contact with Katherine Kalb of Durham to clarify the process and to verify the possibility of connection in this regard. Mr. Thames reported that there is no appazent barrier to connection other than securing the appropriate governmental approvals and the financing, of the force main and lift station by the owner of the mobile home Pazk. The Orange County Board of Health has no desire to displace people from their homes, but must uphold their responsibility to protect the public's health by enforcing the laws and regulations that aze in effect. The Board of Health was quite clear that residents could not be allowed to continue to live ii1 a situation that places their health at risk with exposure to surfacing sewage. Chapel Hill Durham Mebane (919)968-4501 (919)688-7333 (336)227-2031 Page 2 L & W Memo to Durham The motion passed by the Orange County Boazd of Health at its May 17~' meeting (text of the motion is at the bottom of the page) delays a final decision on the appeal filed by L & W until their next meeting on June 28. In that interval L & W Enterprises must do a number of things that ensures that sewer connection is possible within a reasonable time frame. In part, meeting these requirements will need the cooperation of both governmental jurisdictions involved. Mr. Hornik, on behalf of Mr. Paschall (L & W Enterprises) requested that the Orange County Boazd of Health send a letter of request for cooperation to both jurisdictions that aze involved in resolving this matter. This letter fulfills that request. 9 Thank you for your assistance in resolving this public health situation. I hope that you will work with Mr. Paschall to expedite any reasonable request to obtain approvals far the resolution of this matter. Ron Holdway, Orange County Environmental Health Director; Paul Thames, Orange County Engineer and I are available to answer any questions or concerns that you may have regarding this matter. The Orange County Board of Health passed the following motion on May 17: "The decision on the L & W Enterprises appeal an the order to vacate spaces as outlined in the order dated March 19, 2001 be delayed until the regularly scheduled June Board of Health meeting on June 2$ 2001. At that time L & W must have completed the following: Documentation/paperwork that specifies that: • The extension of sewer by the City of Durham to the L & W Mobile Home Park is to be owned by the City of Durham; • A provision that limits Durham's annexation of the Park to a future date (unspecified). At the future date that Durham wishes to annex the property, another request for annexation should be filed with Orange County; • A f nanciad instrument/vehicle be provided to the Orange County Board of Commissioners and the Board of Health that provides assurance that funds are available for the construction of the force main and lift station AND far a regular schedule of pump and haul suffacient to prevent surfacing and ponding sewage for the entire interim period prior to the force main and lift station Being in full service; and • Seek approval by the Orange County Commissioners by docketing the proposed ownership of the system by the City of Durham as specked above no later than the Commissioners meeting scheduled for June 19, 2001. " Cc: Orange County Board of Commissioners John Link, Orange County Manager Geoff Gledhill, Orange County Attorney Bob Hornik, Attorney for L & W Enterprises Wayne Paschall, L & W Enterprises Ron Holdway, Orange County Director of Environmental Health Paul Thames, Orange County Engineer Orange County Board of Health Brian Latourneau, Durharn County Health Director C:\windows\TEMP\Durham letter OSOl.doc do,a~r ~~ d, Orange County Health Department b° u sx Jonathan E.' Klein, Chair Orange County Board of Health Richard E. Whiffed Human Services Center 300 W. Tryon Street, P.O. Box 8181 Hillsborough, N.C. 27278 Telephone: (919) 245-2411 Fax: (919) 644-3007 Rosemary L. Summers, MPH, DrPH Janet FI. Southerland, Vice Chair Health Director Orange Courtly Board of Health O,^~~ {tp~~' ~ ~ A C ~0 ~ ~e w P ~$ a o~ w.x.tw.o. rwmew+x~ Southern Human Service Center 2501 Homestead Road Chapel Hill, N:C. 27516 May 22, 2001 Telephone: (919) 968-2022 Fax: (919) 968-2013 To: Orange County Board of Commissioners Through: John Link, County Manager From: Rosemary Summers, Health Director Re: L & W Mobile Home Pazk This letter is to ask your assistance in expediting a matter that has public implications for a group of residents of Orange County. Earlier this month, the Board of Health heard an appal by L & W Enterprises, Inc. regarding the order by Environmental. Health to vacate fourteen spaces in the L & W Mobile Home Pazk by May 19, 2001. Tom Konsler, the Environmental Health Supervisor sent this notice after confirmation that raw sewage continues to surface and pond on the ground. This order was in addition to the seven spaces that were vacated in an earlier order. In an eazlier memorandum to you dated. March 13, we reported that all seven of the residents in the first order had found alternate housing. Anew order to vacate an additional fourteen spaces by May 19, 2001 was sent to Mr. Wayne Paschall of L & W Enterprises on Mazch 19, 2001 by Environmental Health. The residents of the mobile home pazk were notified the same day the order was sent to Mr. Paschall. Robert Hornik, attorney far L & W Enterprises, filed an appeal on that order on Apri117, 2001. Board of Health Hearing Officers heard the appeal on Apri130 and reported to the Boazd of Health at its regular meeting on May 17, 2001. During this appeal process, the date required for action (in this case vacating the fourteen spaces) is suspended for the period of the appeal. Once the Board of Health makes a final determination on the appeal, a new date to vacate would be based on the remaining time in the original order. In this case that would be approximately 30 days. In L & W's appeal, they requested additional time to "finalize whatever arrangements or agreements must be made between those municipal entities [Orange County and the City of Durham] to allow the extension of Durham's sanitary sewer system to serve the areas of Orange County which includes the mobile home park." L & W maintained at the hearing that Mr. Paschall, as the owner of the mobile home park, is willing to finance the construction of the connection. Ix1 addition, Mr. Paschall maintains that vacating the fourteen spaces as ordered by Environmental.Health will make the mobile home park financially unfeasible to maintain and that he would be forced to close the entire park. At my request, Paul Thames has been in contact with Katherine Kalb of Durham to clarify the process and to verify the possibility of connection in this regazd. Mr. Thames reported that there is no apparent barrier to connection other than securing the appropriate governmental approvals and the financing of the force main and lift station by the owner of the mobile home pazk. Chapel Hill Durham Mebane (919) 968-4501 (919) 685-7333 (336) 227-2031 Page 2 L & W Memo to BOCC The Boazd of Health passed the following motion at its regular meeting on May 17: "The decision on the L & W Enterprises appeal on the order to vacate spaces as outlined fn the order dated March 19, 2001 be delayed until the regularly scheduled June .Board of Health meeting on June 28, 2001. At that time L ~ W must have completed the following: Documentation/paperwork that specifies that: • The extension of sewer by the City of Durham to the L c~ W Mobile Home Park is to be owned by the City of Durham; • A provision that limits Durham's annexation of the Park to a future date (unspecified). At the future date that Durham wishes to annex the property, another request for annexation should be filed with Orange County; • A financial instrument/vehicle be provided to the Orange County Board of Commissioners and the Board of Health that provides assurance that funds are available for the construction of the force main and lift station AND for a regular schedule of pump and haul sufficient to prevent surfacing and ponding sewage far the entare interim period prior to the force main and lift station being in full service; and • Seek approval by the Orange County Commissioners by docketing the proposed ownership of the system by the City of Durham as specified above no later than the Commissioners meeting scheduled for June 19, 2001. " As you can see from the above motion, there are many steps that L & W Enterprises must undergo before the Board of Health makes a final determination on upholding the order to vacate the affected spaces in the March 19, 2001 notice. The Boazd of Health was quite cleaz that residents could not be allowed to continue to live in a situation that places their health at risk with surfacing sewage. They expressed the intent to uphold the order if the above conditions aze not met within the specified time frame. The Board was also quite specific about financial assurances for interim pump and haul to continue at an interval sufficient to prevent surfacing and ponding of sewage. Mr. Hornik, on behalf of Mr. Paschall (L & W Enterprises) requested that the Boazd of Health send a letter of request for cooperation to both jurisdictions that aze involved in resolving this matter. This letter fulfills that request. I am confident that you will work with Mr. Paschall to expedite any reasonable request to obtain approvals for the resolution of this matter. Ron Holdway and I aze available to answer any questions that you may have regarding this matter. Cc: Geoff Gledhill, Orange County Attorney Bob Hornik, Attorney for L & W Enterprises Wayne Paschall, L & W Enterprises Ron Holdway Paul Thames Orange County Board of Health 11 C:\windows\TEMP\BOCC letter OSOl.doc ., `'°"` "' Orange County Health Devartment y'0 t u ~x Jonadhan E. Klein, Chair ~ ~ prangs County Board of Health •~~b !.<.~~p Richard E. Whiffed Human Services Center 300 W. Tryon Street, P.O. Box 8181 Hillsborough, N.C. 27278 Telephone: (919) 732-8181 Fax:.(919) 6443007 Rosemary L. Summers, MPH, DrPH Janet H. Southerland, Vice Chair Health Director Prange County Board of Health MEMORANDUM To: Orange County Boazd of Health Orange County Board of Commissioners From: Rosemary Summers Date: March 13, 2001 Re: L & W Mobile Home Pazk Update 4~,n'y 8aai C ~ ~Z e "ti rb.µ w.a.e niow.. .. southern Human Service Center 2501 Homestead Road Chapel Hill, N.C. 27516 Telephone: (919) 968-2022 Fax: (919) 968-2013 Attachments: Letter to all residents of the mobile home park Schematic of L&W Mobile Home Park with Septic Systems Identified 1Vlazch 6, 2001 letter from Orange County Attorney's Office to Jahn Link Spreadsheet of Mobile Home Pazks in County sorted by Status of Septic System Health This memorandum is to provide you with an update on the L & W Mobile Home Pazk failing septic situation. Background The Environmental Health staff received the original complaint of failing septic systems in March 1998. The owners were noticed of the failing systems and advised that no repair was feasible. The owners of the mobile home Pazk wanted to explore the feasibility of connection to Durham water and sewer. Environmental Health staff agreed to issue an order far pump and haul of at least 22 of the spaces in the Pazk in order to allow the owners of the Pazk time to work out details of connecting the Pazk to the Durham. water and sewer system. Beginning in eazly 2000, the office began to receive complaints about surfacing sewage. Staff determined that the pump and haul order was not being complied with and no progress had been made on connection to Durham systems. Staff made numerous attempts throughout 2000 to have the owners resolve this situation. On December 12, 2000 a complaint and preliminary injunction motion against L & W Enterprises of Durham was filed in Orange County Superior Court. Prior to the scheduled hearing, the attorney far L & W Enterprises and the Orange County Attorney's Office reached an agreement to vacate seven mobile homes from the L & W Mobile Home Park by January 15, 2001, and to permanently disconnect those spaces from the septic systems. This compromise left one mobile home per septic system that was failing. The understanding was that if the systems continued. to fail those remaining spaces would need to be vacated as well. While the Consent Order was signed by Judge Hobgood on December 12, the L & W Attorney did not sign the order until December 28 at which time it was distributed to the affected homeowners of the seven spaces, giving them about two weeks notice to vacate. At the health department's request, the county attorney's office asked the court fora delay in order to provide a fu1130 days ,for the tenants of the mobile homes to relocate. Chapel Hill burham Mebane (919)968-4501 (919)688-7333 (336)227-2031 L&W Memorandum to Boazds March 13, 2001 Page 2 On February 7, Environmental Health Supervisor Tom Konsler made a site visit to determine whether the mobile homes had been vacated. He was unable to verify vacancy however confirmed that an additional five systems with 12 mobile homes connected to those systems were failing. On February 9, 2001 the health department verified that the mobile homes in the seven spaces were no longer being occupied. The mobile homes remain on the lots, however the plumbing has been disconnected. Current Status While the mobile home pazk owners have not been willing to shaze the names of the tenants of each of the homes, we have been able to determine through neighbors that five of the residents are now living with relatives. The whereabouts of the other two residents is unknown. Mr. Konsler visited the pazk on March 8 and found that the five systems in eazly February aze still discharging sewage to the ground. In addition, two of the previously noticed systems aze still discharging sewage to the ground. The owners will receive an official notice next week to vacate those spaces 60 days from the date of the notice. The residents of the mobile homes subject to the notice far vacating will receive a copy of the notice the same day the owners receive the actual notice in order to give them the fu1160 days to make alternate housing arrangements. For any residents that need assistance relocating, the Housing and Community Development Department will work with them to explore the limited options that maybe available. A separate informational letter (attached) is being distributed to all residents of the L & W Mobile Home Pazk today. The water conservation methods may help stave off further failures of the remaining six systems in the pazk. The owners of the pazk have indicated an interest in connecting to Durham water and sewer, but have indicated that the expense of building a lift station and the connections to the homes is too expensive for them to bear. Katie Kalb with Durham Water and Sewer, has indicated that there is no barrier to connection of the pazk other than financing the construction. In response to a request to explore Orange. County financing options, the county attorney's office has laid out some issues of concern in the letter of Mazch 6, 2001 to John Link. I.on. -term Issues and Plans A work group has met several times to discuss possible support mechanisms or alternatives both to this particulaz situation as well as taking a longer term view of the likelihood that a similar situation will present in the future. Members of the work group include Taza Fikes, Annette Moore, Ron Holdway, Tom Konsler, Harmony Whalen, and myself. One of the overriding issues in this situation and in many other mobile home pazks in the county is the age of the mobile home itself. In general, mobile homes that were purchased prior to 1990 are not able to be relocated to another mobile home pazk because of the age and condition of the home. Existing mobile home parks generally do not have a large number of available spaces, even for new homes. is L&W Memorandum to Boards Mazch 13, 2001 Page 3 14 Environmental health staff developed a rating scheme to assess relative risk to all of the current mobile home parks in the county. This rating scheme. classifies mobile home parks into three tiers of "risk," low, medium, and high (attached). We estimate that there aze 20 parks in the high risk category. Staff is in the process of refining this rating scheme. These pazks should be targeted for immediate educational efforts to residents on water conservation and septic system maintenance. In addition, they should be monitored by environmental health staff far signs of failure and for additional measures that owners might be able to take to reduce the load on these septic systems. The medium risk parks should also be targeted for educational efforts to lengthen the life of the systems themselves. Each of the high and medium risk parks should be thoroughly assessed for possible remedies; including on-site repair options and possible public water and sewer connection. Possibilities for low cost funding strategies should also be thoroughly explored and pursued. It has become appazent during the work group meetings that there is a need for tazgeted housing relocation services for tenants forced to move due to public health issues. This need will be referred to the Continuum of Care Committee for further discussion in order to develop a long- term strategy. The health department will have an MPA intern working with environmental health this spring and summer to research and write grants to develop aloes-cost revolving loan fund for septic system repairs. This should be one tool that we currently do not have for situations like this. If you have any questions or comments, please feel free to contact me. Cc: John Link Ron Holdway Tara Fikes Annette Moore Harmony Whalen