SUMMARY OF A UNIFIED PUBLIC HEARING ON LANDFILL MATTERS,    CHAPEL HILL HIGH SCHOOL, WEDNESDAY, JUNE 19, 1996, 7:30 P.M.

 

The hearing was called to order at 7:41 p.m. by Orange County Commission Chair Moses Carey.  He called upon the Mayors in attendance to declare quoroms of their boards and to select a moderator for this evening's hearing.  Chair Carey declared a quorom of the Orange County Commissioners to be in attendance, to wit:  Commissioners Bill Crowther, Alice Gordon, Steve Halkiotis and Don Willhoit.  He also stated that the Commissioners were opening their hearing on the matter.  Chapel Hill Mayor Rosemary Waldorf, Carrboro Mayor Michael Nelson and Hillsborough Mayor Horace Johnson also declared quoroms of their bodies to be in attendance and opened their body's hearings on the matter.  Chapel Hill Town Council Members in attendance were:  Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck and Lee Pavao.  Carrboro Aldermen in attendance were Jay Bryan, Jacquelyn Gist and Alex Zaffron.  Hillsborough Board Members in attendance were Kenneth Chavious, Catherine Martin, Richard Simpson and Remus Smith.

 

CHAPEL HILL MAYOR WALDORF MOVED, SECONDED BY CARRBORO MAYOR MICHAEL NELSON, TO APPOINT MOSES CAREY AS MODERATOR.  THE MOTION WAS ADOPTED BY ACCLAMATION.

 

Commission Chair Carey noted that there although was no time limit on speakers this evening, speakers were encouraged to be concise.  He also stated that more detailed information could be submitted in writing.  Commission Chair Carey also noted that

written comments would be received through 5:00 p.m. on July 1st.

B. B. Olive asked whether such comments should be forwarded to one address or all four local governments.  Commission Chair Carey said that comments would be shared with all boards if the comments were forwarded to one address.

 

COMMISSION MEMBER HALKIOTIS MOVED, SECONDED BY COMMISSION MEMBER GORDON, TO ADOPT THE PROPOSED AGENDA.  THE MOTION WAS ADOPTED UNANIMOUSLY BY ALL OF THE BOARDS.

 

Chapel Hill Solid Waste Management Director Gayle Wilson said that this evening's hearing was being held in compliance with state statutes pertaining to municipal and county regulations concerning the siting of a landfill next to an existing landfill site.   He also said that statutes required that socioeconomic and demographic data be presented for all four possible landfill sites.

 

Chapel Hill Planner Robert Wilson said that the report on socioeconomic and demographic data for the four sites and governmental jurisdictions had been prepared in accordance with State law. 

 

 

 


Orange County Commission Chair Moses Carey asked whether any speakers/property owners wished to address potential sites two, nine or eleven.  A citizen inquired about the scope of comments.  Chapel Hill Town Attorney Ralph Karpinos said the intent of the hearing was to receive comments from property owners who's property might be taken as a result of landfill siting.  Hearing no persons wishing to speak on sites two, nine or eleven, Commission Chair Carey inquired whether anyone wished to address the governmental units regarding site seventeen.

 

Frank Emory, representing Duke University, said his client preserved its right to object to substantive defects in the landfill site selection process.  Mr. Emory stated that the greatest number of impoverished persons lived near site seventeen, as compared to the three other potential sites.  Mr. Emory also said he believed that the conclusions reached in the staff's report regarding socioeconomic and demographic conditions were inaccurate.  Stating that more children under the age of twelve, minorities and persons in poverty lived near site seventeen than all of the other three sites combined, Mr. Emory urged the governments in Orange County not to site the landfill on site seventeen.  Noting that many homes near proposed site seventeen had groundwater wells, Mr. Emory expressed concern about the potential for groundwater contamination.  He requested that the local governments find a place other than site seventeen for disposing of the community's garbage.

 

Stating that he sincerely respected the efforts of elected officials. B.B. Olive said he spoke for hundreds of Orange County residents when he expressed his objections to this evening's public hearing.  Expressing concern that options other than landfilling had been eliminated, Mr. Olive said he pleaded with local elected officials to direct their time and attention to the question of how Orange County's solid waste should be processed.

Mr. Olive concluded his remarks by noting that he had placed a petition at the table this evening, signed by thirty-nine Orange County residents, requesting that local elected officials examine options other than a landfill.

 

Cornelius Kirschner, a resident of Mill House Road, said that well water at a number of homes in the area was contaminated by two manmade pollutants only present at industrial and landfill sites.  Mr. Kirschner also said he could not presently sell his home due to its proximity to the existing and proposed landfills.  He urged local elected officials not to open the existing landfill for mining.  Mr. Kirschner also expressed concern that a number of landfill-related complaints had not been forwarded to the State of North Carolina for further investigation.  He stated that one of the previously seated Board of County Commissioners had promised to site the County's landfill at a site other than near the existing landfill property.  Stating that too many people would be hurt and held captive by siting a landfill at site seventeen, Mr. Kirschner urged elected officials not to site a landfill in this location.


 

Linda Carver said she lived within one mile of site seventeen.  She noted that her neighbor Julia Blackwood was too tired and too ill to attend this evening's meeting.  Stating that area residents had experienced a number of health-related problems, Ms. Carver said she hoped that elected officials would be responsive to the concerns of area residents by not siting a proposed new landfill in their neighborhood.

 

Jean Barr said this evening's public hearings did not satisfy the law since many interested participants were out of town due to the summer holidays.  She also stated that although the hearing had been tentatively scheduled since April, Ms. Barr said written notices of the hearing had not received by area residents until about one week ago.  Ms. Barr also said that information pertaining to this evening's hearing was not available for public review until Monday, June 17th at about 3:00 p.m. at the Chapel Hill Public Library's Reference Desk.  Ms. Barr said she did not believe that the intent of the law was satisfied by this evening's hearing.

 

Kathy Schinley, owner of a home adjacent to site seventeen, expressed appreciation for the high level of attendance by elected officials at this evening's hearing.  Ms. Schinley said she entirely agreed with Ms. Barr's comments. Ms. Schinley also said she knew people who lived less than one-half mile from site seventeen who did not receive notice of this evening's hearing.  She inquired why all County residents had not been notified of the hearing.  Stating that the Eubanks Road area had been the site of the County's landfill for twenty-four years, Ms. Schinley said that the new landfill needed to be sited somewhere else.  She urged Orange County's elected officials not to consider site seventeen at all as a possible landfill site.

 

David Caldwell, a lifetime resident of the Rogers Road area, thanked local officials for getting refuse trucks off his street.  Noting concerns about groundwater contamination, Mr. Caldwell said area residents were attempting to raise funds to pay the $20 per home fee for this service.

 

Roger Barr said that if garbage were piled as proposed in the site consultant's report, it would be an aesthetic disaster given the level of bedrock and the height of area water tables.  He stated that the proposed landfill would ultimately be sixteen to seventeen stories high, about the same height as the "pickle" building in Durham.  Mr. Barr also urged the officials to seriously examine landfilling alternatives.

 

Fred Brooks, a resident of Granville Road, said although he did not live near any of the sites, he was concerned about the wisdom of the process to date.  Expressing his general concurrence with Dr. Barr's and Mr. Emory's remarks, Mr. Brooks said economics and

technological alternatives needed to be thoroughly rethought and reexamined.


 

Sally Crane said she lived near the present landfill site.  She also said it would be wise to alternative methods to landfilling such as incineration.

 

Betty Maultsby said although she did not live near any of the proposed sites, it appeared that the process had been directed to the conclusion of siting the landfill at site seventeen.  She appealed to the collective boards not to send mixed signals and misinformation to Orange County residents about incinerating waste outside of the county.  She said that VEDCO only guarantee that fifteen percent of recyclables would be recovered, a percentage which did not meet the State's standard.  Ms. Maultsby said that a landfill was needed to handle construction and debris and organic wastes.  She urged local elected officials to have a full discussion concerning landfilling and other alternatives.

 

William Hutchins, a registered professional engineer and Orange County resident, said the present landfill was sited on a divide between two watersheds.  Noting that he was a member of the Friends of New Hope Creek, Mr. Hutchins said that monthly testing of the creek's waters found them to be of generally good quality.

He urged local elected officials to be creative in reusing the existing landfill facility.

 

Bonnie Norwood inquired whether the notice of the hearing had been intentionally placed near the obituary column in newspapers.

 

Commissioner Gordon inquired how far site seventeen was above ground level.  Mr. Wilson said he could report back on this matter.  Commissioner Willhoit suggested that staff retrieve this information and make it part of the public hearing record.  He noted that the total projected height was for a period of fifty years.  He also requested that the hearing record reflect data referenced by Mr. Kirschner and from the Landfill Owners Group.  Commissioner Willhoit also suggested that a portion of Landfill Fund funds be used for testing for chemical contamination in groundwater wells near site seventeen.

 

Stating that the present 202 acre landfill site had lasted for twenty-four years and that sites two, nine and eleven were over five hundred acres each, Council Member Evans inquired why the four alternative sites were so much larger than the existing landfill.  She also inquired whether or not a two hundred acre site would be sufficient for a new landfill site if an aggressive recycling program were undertaken.  Chapel Hill Solid Waste Director Gayle Wilson said that the Town's population and related growth rate had accelerated appreciably since the 1970's when the current landfill was sited.  He stated that the Landfill Search Committee had focused its energies on sites comprising between 500 and 600 acres each.  Commissioner Willhoit said the original charge was to identify alternative tracts of land comprised of between 300 and 500 acres.

 


Council Member Andresen inquired about the staff's response on notice related requirements.  She also asked staff to briefly summarize alternatives about homeowner options relative to groundwater contamination concerns.  Mr. Wilson said that notices of the hearing had been mailed to all residents living within one thousand feet of any of the four sites.  He added that newspaper notices of the hearing had been published last week so that this evening's hearing would be fresh in people's minds.  Mr. Wilson also noted that socioeconomic and demographic data was hand delivered to elected officials on Saturday, June 15th and made available to the public on Monday, June 17th. 

 

Council Member Chilton noted that although there had been no detailed discussions about water contamination matters, one of the costs related to site seventeen, if approved, would be

laying water lines.  Commissioner Willhoit said no decisions regarding compensation had been made at this point. 

 

Council Member Capowski inquired about the comparative safety of incineration compared to landfilling.  Solid Waste Director Gayle Wilson said that although emission control devices for incinerators had been improved over the years, the financing and economics for such facilities had declined.  He added that minimum amounts of waste volume were needed to make incinerators economically viable.  Mr. Wilson also noted that he was in process of putting together a discussion paper about incinerators and landfills.

 

Alderman Jackie Gist inquired when facilitated meetings would be held to discuss compensation matters.  She stated that the Carrboro Board of Aldermen was waiting for facilitated meetings to happen along with a waste reduction plan.  Noting that this matter had been discussed at the Landfill Owners Group meeting, Commissioner Willhoit said it would be premature to have facilitated meetings prior to the selection of a landfill site.  Alderman Gist said that elected officials needed to meet with property owners about compensation matters.  Council Member Andresen inquired why Alderman Gist was suggesting that facilitated meetings be the next step when no site had been selected.  Alderman Gist said elected officials needed to discuss compensation matters with effected property owners.  Noting that he appreciated Alderman Gist's frustration, Council Member Chilton said maybe one of the attorneys could clarify when to have facilitated meetings on this matter.

 

Mayor Johnson said he believed it would be appropriate to sit down with effected citizens once a landfill site had been selected and approved.  Stating that the Landfill Owners Group had recommended site seventeen as the County's future landfill site, Alderman Gist said it was important to schedule facilitated meetings with property owners.  Stating that the question was more of a policy, rather than legal question, Mr. Karpinos said it would probably be appropriate to have the facilitated meetings after a landfill site was identified and approved.


Alderman Gist said she had asked the same question regarding facilitated meetings at the most recent Landfill Owners Group meeting.  Commission Chair said the matter was a policy issue which could be addressed after elected bodies took the next step by selecting a site.  Mayor Nelson said he did not understand why it was so difficult to add facilitated meetings to the next steps in the process.  Council Member Chilton said he had no problem adding facilitated meetings into the process.  Alderman Zaffron said his prime focus was to deal with neighbors about compensation matters prior to selection of a final site.  Council Member Andresen said she agreed with the need for facilitated meetings. 

 

Noting that a new list of steps would be developed after the meeting, Commission Chair Carey asked if there were any other questions or comments.  Council Member Chilton said the matter could be taken up at the next Landfill Owners Group meeting. 

Commission Chair Carey noted that each governing board needed to adopt a motion to keep the hearing record open until 5:00 p.m.

on July 1st.  The individual governing board motions, each adopted unanimously, were made as follows:

 

CHAPEL HILL TOWN COUNCIL MEMBER RICHARD FRANCK MOVED, SECONDED BY COUNCIL MEMBER MARK CHILTON, TO KEEP THE HEARING RECORD OPEN UNTIL 5:00 P.M. ON JULY 1ST, 1996.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

ORANGE COUNTY COMMISSIONER ALICE GORDON MOVED, SECONDED BY COUNTY COMMISSIONER STEVE HALKIOTIS, TO KEEP THE HEARING RECORD OPEN UNTIL 5:00 P.M. ON JULY 1ST, 1996.  THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

 

ALDERMAN JACKIE GIST MOVED, SECONDED BY ALDERMAN ALEX ZAFFRON, TO KEEP THE HEARING RECORD OPEN UNTIL 5:00 P.M. ON JULY 1ST, 1996.  THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

 

BOARD MEMBER CATHERINE MARTIN MOVED, SECONDED BY BOARD MEMBER REMUS SMITH, TO KEEP THE HEARING RECORD OPEN UNTIL 5:00 P.M. ON JULY 1ST, 1996.  THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

 

B.B. Olive requested that local elected officials keep the public notified of solid waste related matters regarding landfills and their alternatives.

 

The hearing concluded at 9:32 p.m.