SUMMARY MINUTES OF A PUBLIC HEARING
OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, FEBRUARY 16, 2004, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council Members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Assistant Town Manager Bruce Heflin, Planning Director Roger Waldon, Engineering Director George Small, Stormwater Engineer Fred Royal, Principal Planner Gene Poveromo, and Acting Town Clerk Sandy Cook.
Agenda Item 1 - Public Forum on the Potential
Establishment of a Town Stormwater Utility
Mr. Horton expressed appreciation to the group of citizens who, as volunteers, had helped develop the ideas the staff would be bringing forward. Town Engineering Director George Small described the stormwater utility as a complex topic and said that the consultant would present a comprehensive summary report and recommendations. He noted a revised schedule that would lead to implementation on July 1, 2004.
Consultant Elizabeth Treadway, of AMEC Earth and Environmental, Inc., mentioned three different Town initiatives since 1992 that had lead to the establishment of a Citizen’s Task Force and a business plan in 2002. She pointed out that Task Force reports had focused on two key issues: the growing need for stormwater management; and, the need for a stable financing plan to be in place. Because of growth, Ms. Treadway said, problems such as commercial flooding, stream erosion and blockages, and backyard problems had developed in Chapel Hill. So, she concluded, regulatory controls must be adequate.
Ms. Treadway proposed a five-year planning cycle that would lead to program initiatives, a funding strategy, and an analysis of necessary resources. She stressed that the program of services should help drive whatever decisions the Council makes. The mission of stormwater services ought to be a balance of services for public health and safety, she said. Ms. Treadway added that these services should protect the ecosystem and the physical drainage system and insure that the Town meets its mandates and meets or exceeds federal standards.
Ms. Treadway listed various programmatic goals: master planning, water quality/quantity strategies, infrastructure management, public education, and permit management. She presented a program of services for managing quantity and quality of stormwater: design and construction, maintenance of public system, remedial and routine repair to drainage collection system, and pilot tests of BMPs. Ms. Treadway discussed performance standards, management of floodplains, and a community rating system for public safety, public education and involvement. She stressed the importance of creating an effective partnership with citizens in the community.
Ms. Treadway stressed the significant difference between evaluating needed resources and creating operating budgets. The latter is under the Council's governing control in this process, she said, adding that if Town's priorities shift then revenues would be redirected.
Ms. Treadway proposed an initial investment of about $2 million, noting that this was almost double what the Town was currently spending on stormwater management. She explained that imperviousness would be measured on a parcel by parcel basis and converted to billing units. Ms. Treadway recommended using 2,000 square feet of impervious surface, or any portion thereof, as the basic billing unit and capping residential bills at three billing units. At the current resource level, she said, this would translate into about $35.04 a year per billing unit. Ms. Treadway recommended that the Council adopt the five-year plan, establish an enterprise fund for the stormwater program, adopt a rate structure, and set up the utility in Fiscal Year 2004-2005.
Mark Cate, Chair of the Stormwater Utility Advisory Committee, noted that significant financial, human and technical resources would be required to mitigate the damaging effects of stormwater on water quality. The stormwater utility was the fairest and most equitable funding mechanism to address stormwater and water quality issues, he said. Mr. Cate told Council members that the Town needs additional long-term solutions to the water quality issues beyond what the Council already had provided. It is extremely unlikely that the Town can finance the planning and implementation of the program through traditional methods, he said.
Mr. Cate characterized the policy framework recommended by the Committee as sound and doable. It was the basis for a successful and cost-effective implementation of the Town's stormwater management program, he said. Mr. Cate stated that the stormwater utility was the most equitable means of providing a stable source of funding. He expressed support for the Manager's recommendation, and proposed forming an interim Policy Advisory Committee that would provide advice on all aspects of the utility startup.
Stormwater Advisory Committee Member Judy Weseman endorsed Mr. Cate's summary of the Advisory Committee's opinions. She commented, however, that the consultants had not "delivered value" with their study. Ms. Weseman remarked that AMEC had been very strong in discussing the administrative and process aspects of a stormwater utility but had only given lip service to citizen input. They had not listened well to the Committee's priorities, she said, especially to their perception of the need for a unified stormwater plan that would identify critical areas and enable a global idea of how to deal with those issues. Ms. Weseman described Attachment #6 (Year One Budget Estimate) as reactive rather than proactive. She urged Council members to allow the Citizens Advisory Committee to identify priorities that would truly bring stormwater problems under control.
Chapel Hill resident Don Liner argued that creating a stormwater utility in North Carolina would create a new, unprincipled, highly regressive, and extremely unfair flat tax on citizens that would impose the heaviest burden on those who are least able to afford it. The richest homeowner in Chapel Hill would pay the same amount as the poorest, he said. Mr. Liner wondered how anyone could possibly agree that this would be an equitable way to finance the Town's stormwater needs, and he referred to the proposed user fees as "phony." He stated that trying to institute a user fee in a case such as this where it is not warranted means coming up with a "very bad, very regressive tax."
Bonni Duncan, a planning supervisor with the NC Ecosystem Enhancement Program, explained that she was working on a local watershed planning study for the Morgan Creek area. Ms. Duncan commended the Town's effort to pursue the stormwater utility and said that her program's efforts could provide the structure and framework the Town is looking for to utilize funding resources through the utility. Ms. Duncan told Council members that her program often does not have the funding to pursue stormwater best management practices. They want to work in partnership with the Town to pursue those opportunities, she said.
Advisory Committee Member Julie McClintock expressed support for the recommendation to form a utility. She pointed out that the Town had impaired streams, compromised water quality, and contributed to severe flooding problems. These will all get worse unless the Town makes serious mitigation efforts, she said. Ms. McClintock advised that Council members move forward carefully, noting that the Committee had unanimously recommended establishing a master plan. She agreed with the suggestion that the Advisory Committee continue to serve until the Council appoints a new advisory group for the utility. And she recommended that the Council charge the Committee to serve as a resource to oversee the next steps in the utility's organization. With regard to participation by UNC, Ms. McClintock said that the Committee had been extremely impressed by what the University was doing on campus. She proposed that there were some great collaborative opportunities for the Town and UNC and suggested that the technical people from both get together to discuss those.
Lake Forest Association Director Don Brewer told Council members that his neighborhood had removed 71,000 cubic yards of material off their lakebed in Y2001 at a cost of $1-million, which they financed through voluntary payments. This was the third time that his neighborhood had done that since 1970, he said. Mr. Brewer encouraged the Town to do more than is outlined in the plan. He recommended having more than one remediation project a year and noted that even using plantings for stabilization is a quick and easy means of stormwater control. Mr. Brewer also asked the Town Council to minimize scouring of stream banks and stream bottoms.
Deborah Amaral, representing the Cape Fear River Assembly, expressed support for the NC Ecosystem Enhancement Program's study of Morgan and Little Creeks. She distributed written information, including a website where Council members could get more information about that study. Ms. Amaral stated that the Cape Fear River Assembly would like to partner with the Town in seeking future support for implementation of the stormwater best management practices and other protective activities.
Chapel Hill/Carrboro Chamber of Commerce Associated Director Virginia Knapp commented on issues that Chamber members had raised regarding the governance structure. She said the Chamber supported the Advisory Committee's suggestion to appoint a group of stakeholders to act as an advisory committee with oversight authority for the utility. With regard to the watershed and participation by other governmental agencies, Ms. Knapp suggested that the Council continue to encourage the Carrboro Board of Aldermen and the Orange County Commissioners to participate in the stormwater utility.
Ms. Knapp requested more information on how businesses would be charged. She asked the Council to pledge an even distribution of the costs based on a percentage of commercial versus residential property. The Chamber would like more information on how multi-story facilities and multi-unit properties would be charged under a billing structure based on impervious surface, she said. With regard to equity issues, Ms. Knapp noted that some businesses already had invested in stormwater management, and she asked the Council to consider rebates. Ms. Knapp also asked for a clear list of services and projects that the utility would address.
Council Member Kleinschmidt asked Ms. Knapp if the Chamber had discussed this with the Carrboro Aldermen or the County Commissioners. She replied that they had not but that they would be happy to do so with the Council.
Linda Convissor, representing UNC-Chapel Hill, restated what Vice Chancellor Nancy Suttenfield had written in a November 17, 2003 letter to the Council. The University would not participate in the Town's stormwater utility, she said, emphasizing that this did not represent a backing off from the University's commitment of managing the quality of its own stormwater, as mandated in OI-4 zoning regulations. This is an affirmation of the excellent program that UNC already has underway on campus, Ms. Convissor said. She pointed out that UNC had invested $10 million from the Y2000 higher education bond, as well as State funds, in their project. If the University participated in the Town utility, funding would come from the same people who had already funded the University's program, she said, adding that people should not have to pay twice for stormwater improvements. But, if the Town and University have specific common needs, she said, the University would consider sharing those costs on a case-by-case basis. Ms. Convissor submitted a written description of UNC's stormwater initiative.
Advisory Committee Member Phil Berke argued that the proposed tiered billing system would address the inequity issue. The Board had also discussed the notion of giving credits to those who were doing stormwater impact mitigation on their own property, he explained. Mr. Berke stressed that such issues were foremost on Committee members' minds. He emphasized that master planning should be the first and foremost task because that would get the community involved. Decisions made on other issues, such as transportation and zoning, also affect stormwater, Mr. Berke pointed out, and he stressed the importance of forming a consensus on how to use the Town's limited resources.
Advisory Committee Member Alan Rimer remarked that a flat rate for stormwater management would be inequitable, and he recommended studying how to make rates equitable. He emphasized the importance of master planning, and noted that the community would ultimately have to spend much more than $2 million for stormwater management. Mr. Rimer pointed out that adequate planning would help address that expenditure in a rational, logical fashion.
Council Member Hill asked if anyone had considered adding the fee to the tax bill rather than creating a new bill sent out individually. He agreed with comments that the billing structure seeming regressive, he said, and suggested exploring the idea of making the second rate unit more expensive than the first and so on up the scale. Council Member Hill pointed out that such a billing approach would raise more money, and would raise it from those who have it. And those who are mitigating stormwater on their own property should not be absented from the program, he said, because the program benefits the entire Town.
Mayor Foy pointed out that the intent of tonight's meeting was to hear citizens' and Council members' comments. The staff would come back with responses to those comments at a later date, he said. Mr. Horton pointed out that the staff had included a resolution that would refer the report to Town boards and commissions for advice and comments.
Council Member Harrison wondered how credit would be given for stormwater mitigation on one's own property. He suggested getting information on how other communities had approached that. Council Member Harrison remarked that the complicated tier system had the potential for being the fairest approach. He read from Attachment #8 (a written exchange between himself and Mark Senior, a stormwater manager for the city of Raleigh) regarding Raleigh's arrangement with NC State University. Unless UNC can show that all of their stormwater is being controlled, said Council Member Harrison, then they should make some payment to Chapel Hill for the environmental impact of stormwater coming off campus.
Council Member Strom praised the quality of citizen comment and the community in general for coming together and developing a long-term goal for improving water quality in Town. He agreed that a Policy Advisory Committee must be put in place, and he expressed concern about the equity issue. Council Member Strom wondered why there would be a billing cap at the three-unit rate, and he asked the Manager to bring back more equitable options for the Council to consider. He proposed that the Council bring a report on the Morgan and Little Creeks watershed planning initiative to the Assembly of Governments, and Mayor Foy agreed with that idea.
Council Member Kleinschmidt pointed out that UNC had properties scattered all around Town. The OI-4 processes that were made with UNC's development plan presumably did not solve stormwater problems on those properties, he said. Council Member Kleinschmidt commented that absolving UNC just because there are efforts being made that came along with the development plan a couple of years ago should not be the solution. The University should, however, be credited where stormwater mitigation exists, he said.
Council Member Kleinschmidt stated "It's just difficult to conceive of a utility without UNC participation," adding that the rate structure had not included the possibility of UNC not participating. He suggested looking at proposals for rate structures that include the "unfortunate possibility" that UNC would not be involved. Council Member Kleinschmidt also agreed with the suggestion to remove the limit on three units. He expressed interest in Council Member Hill's suggestion of graduated billing.
Council Member Ward stated that he did not understand the suggestion to cap at 6,000 billing units. He asked to see a proposal with smaller billing units and no cap, or at least an explanation for why there would be a cap. Council Member Ward noted that there were significant differences among permeable surfaces and asked that this be included without making the system unduly complicated. He expressed concern about low-income individuals, wondered about the possibility of matching funds, and asked if Orange County would be the regulator. Mr. Horton explained that Orange County provides enforcement services on soil erosion and sedimentation under the Council's guidance and with the Council's authorization.
Council Member Ward asked for information on how this fits in with the County's enforcement responsibilities. He requested answers to the questions that the Chamber of Commerce had posed. Council Member Ward asked if the utility would take on responsibilities such as the $1 million repair of Eastwood Lake that the Lake Forest Homeowners had funded. The master plan was obviously the most important thing to do in the near future, Council Member Ward said. He recommended making this a very lean, nimble and effective organization that clearly identifies high priorities and has no money to do anything but that.
Mayor pro tem Wiggins recommended publicizing the dates included in the resolution so that the Council could get broader input from the community. She also suggested that a program of citizen education and awareness start immediately.
Mayor Foy commented on the Citizens Committee's strong emphasis on the need for a master plan. He had found the report to be too vague, he said, and having a master would give the Council more confidence and justification when asking the public for funding. Mayor Foy asked Mr. Horton to bring back information on whether it would be productive to approach Carrboro and Orange County with what the Town had done. He asked should the Council invite Orange County to consider that this is a regional problem and to participate.
Council Member Verkerk agreed that the Council must have a master plan. She asked Mr. Horton how long it would take to develop one and whether the Town should do that before presenting information to the public. Mr. Horton replied that, if the Council wanted to proceed in any direction, the Town would need funding to do so. Creating the utility, or some other substantial funding mechanism, would be required to do the kind of thorough master planning the Committee envisions, he said. Mr. Horton explained that this was a case where the Council would need to invest a substantial sum of the community's money to produce the kind of clear vision through master planning that the Committee and Council was recommending.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-3, AS AMENDED TO INCLUDE THAT COMMENTS AND QUESTIONS FROM CITIZENS AND COUNCIL BE REFERRED TO THE MANAGER, ADVISORY BOARDS, AND THE STORMWATER UTILITY POLICY REVIEW COMMITTEE FOR SPECIFIC COMMENTS ON THE MAKEUP OF THE POLICY ADVISORY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ESTABLISHING A SCHEDULE FOR FURTHER CONSIDERATION OF POTENTIAL ESTABLISHMENT OF A STORMWATER MANAGEMENT UTILITY TO SERVE CHAPEL HILL (2004-02-16/R-3)
Whereas, the Town of Chapel Hill must comply with the requirements of its National Pollutant Discharge Elimination System-Phase II permit application as mandated by the State; and
WHEREAS, the Town of Chapel Hill must comply with the requirements of its local Hazard Mitigation Plan to remain eligible for non-emergency disaster grants; and
Whereas, the Chapel Hill Town Council desires to establish a utility-based Stormwater Management Program to provide stormwater and floodplain management, drainage system maintenance, stormwater facility construction, water quality enhancements, and related stormwater management improvements; and
WHEREAS, the Council is aware of increasing stormwater management regulatory requirements, mandates and obligations for which the Town is or will be responsible; and
WHEREAS, the Town presently has only limited resources available for dealing with stormwater management problems, regulations and responsibilities; and
WHEREAS, State legislation has made it possible for local governments in North Carolina to establish a local stormwater utility to provide a stable source of revenue for stormwater management activities;
Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council authorizes the Manager to schedule further consideration of a Town utility-based stormwater management program as follows:
March 24: Review the comments from the Manager and Attorney, advisory boards, and citizens at the Public Forum on development of the FY2004-05 budget, including comments requested from the existing Stormwater Utility Policy Review Committee regarding the makeup and responsibilities of a proposed Stormwater Policy Advisory Committee to be appointed by the Council if a stormwater utility is established.
April: On a date to be determined by polling of the Council, conduct a follow-up discussion of the stormwater utility proposal to provide additional guidance to the Manager.
April 26: Receive Manager’s recommendation for establishment of a utility along with Manager’s Recommended Budget for FY2004-05.
May 12: Receive further citizen comment about the proposed stormwater utility at the Budget Public Hearing.
May 19: Discuss stormwater utility proposal as part of the Budget Work Session.
June 14: Consider action to establish a budget for the proposed stormwater utility, including adopting a fee schedule and enacting an appropriate ordinance.
This the 16th day of February, 2004.
Item 2 - Public Hearing on Orange Water and Sewer Authority’s
Mason Farm Wastewater Treatment Plan Expansion –
Application for a Special Use Permit Modification
Town Planning Director Roger Waldon said that the Council had recently reviewed OWASA's concept plan, which proposed upgrades to its wastewater treatment facility and had granted expedited processing status. The staff had been working with the applicant to identify specific ways in which regulations would have to be modified to allow the upgrade of this plant to go forward, he said. Mr. Waldon noted that the Manager's recommendation gave seven specific regulations on which the applicant was seeking Special Use Permit (SUP) modifications. The staff was recommending that the Council make those modifications and go forward, he said.
Council Member Greene pointed out that the staff and Planning Board had "authorized" the applicant to add buffers. She asked if there had been any discussion of requiring them to do so. Mr. Waldon said that the applicant would reply that plantings could not be done in the area. So the staff had recommended that they look for opportunities for vegetation, he explained, adding that Council members could require buffers if they wanted to.
Mayor Foy asked if a plan for odor control was part of the SUP. Mr. Waldon replied that odor control had been the main topic of discussion at the concept plan hearing. The staff had asked OWASA to give that issue their full and extensive attention, he said, and OWASA had come back with the material being presented tonight. Mr. Waldon pointed out that odor control could be part of the Council's consideration when they draft conditions of approval for the SUP. Mayor Foy determined that such conditions were not included in Resolution A. Mr. Horton remarked that they were included to the extent that OWASA had made specific proposals as part of their plans for construction, which they would present tonight. But the Council could make further requirements as it sees fit, Mr. Horton said.
OWASA Executive Director Ed Kerwin explained that the plant upgrade would improve effluent quality, provide an opportunity for significant use of reclaimed water, improve plant reliability, increase plant capacity from 12.0 to 14.5 million gallons per day, and significantly improve odor control. He elaborated on each of these points and explained that OWASA would invest up to $5 million in controlling odor.
Mr. Kerwin displayed a map of the 280-mile OWASA network, which included pipes, wastewater pumping stations, and the treatment plant that handles all wastewater from the Chapel Hill/Carrboro community.
Mr. Kerwin outlined OWASA's odor abatement measures and described various successful improvements that they had made in recent years. He indicated the parts of the plant that were being renovated or improved, and explained that the largest source of odor was where the solid waste is concentrated. Mr. Kerwin described the process of digesters that compost and treat waste. He told the Council that much of it is recycled on local farmlands and that some is used for energy as methane gas.
Mr. Kerwin explained that the plant's digesters were the main source of odor. He discussed a Y2002 study, by Hazen and Sawyer, PC, which had concluded that the biosolid storage tanks were the source of the odor. Mr. Kerwin stated that the OWASA Board had approved a fast-track project for odor abatement and those tanks had been completely covered. He explained that the foul air underneath the covers would be treated with the $650,000 odor scrubber that would be operational by the end of February 2004. Mr. Kerwin stated that this should resolve the largest odor issue, which the consultant had estimated to be 70% of the problem. He summarized the consultant's odor study findings:
· Biosolids Storage Tanks are the top priority.
· Biological Treatment Systems (aeration basins) are a potential source of offsite odor.
· Digesters are a potential source of offsite odor problems, and the staff believes these to be the primary cause of offsite odor problems.
Mr. Kerwin listed the steps that OWASA had taken to treat and mask odors. He pointed out that OWASA was also addressing other potential sources of odor at the plant at a cost of $1 million. Mr. Kerwin said that OWASA was building a new Morgan Creek Pumping Station with odor control features, and that the OWASA Board had approved the following Phase 1 Improvements:
· Cover, capture & treat foul air from biosolids storage tanks.
· Replace digester floating covers with fixed covers.
· Improve biological treatment system odors by improving fermentation quality and removing foam.
After those improvements have been completed, another study will measure their effectiveness, Mr. Kerwin said. He displayed the 1-1/2-year project schedule for odor abatement, and said that OWASA would address the worst offenders first. OWASA had offered the contractor a fairly large monetary incentive to complete the project early, as well as a penalty for completing it late, Mr. Kerwin said.
Council Member Hill verified that the OWASA staff had questioned the accuracy of their consultant's conclusion that an estimated 70% of the odor was from biosolids storage tanks and that 7% was from the digesters. Mr. Kerwin commented that the digesters have a very distinguishable odor, and that this is what he smells when he is off-site. He pointed out, though, that OWASA was improving the biological treatment process.
Council Member Greene asked if OWASA was binding itself to the implementation schedule presented tonight. Would there be consequences if they did not meet that schedule, she asked. Mr. Kerwin replied that they were committed to the schedule. But the question of consequences might be better directed to the Town staff, he said. Mr. Kerwin repeated what he had said earlier about the monetary incentive to contractors for early completion and the penalties for not meeting deadlines.
Mayor pro tem Wiggins, explaining that she was trying to compare the information in Mr. Kerwin's February 16, 2004 letter to Mr. Horton with the information presented tonight verified that OWASA would address about 77% of the odor. She wanted to get a sense of how much odor would remain, she said, noting that odor detracts from quality of life and property values. Mr. Kerwin replied that OWASA agreed that they must do more than in the past. They would spend $5 million on odor abatement, he said, and expressed confidence that the majority of the odor problem would be resolved. But he could not insure that the plant would be free of odor, he said.
Mayor pro tem Wiggins pointed out that these few neighborhoods were having to bear the consequences of a plant that handles sewage from all over Town. "I think they deserve zero odor," she said, noting that it seems to be possible to achieve that. Mayor pro tem Wiggins argued that it was not too much to ask of OWASA to do this, and that everyone who uses OWASA should contribute financially. Mr. Kerwin replied that citizens already would be asked to pay for the $5 million worth of improvements. Throwing money at the problem without being certain of the benefits would not make good sense at this point, he said.
Council Member Ward asked what OWASA would do if significant odor remains after improvements have been made. He wondered about a guarantee that OWASA would deal with any significant odor issues that remain. Mr. Kerwin noted that the Town was requiring an assessment. but OWASA would do that anyway, adding that they would do whatever it takes "to be a good neighbor the large majority of the time." Council Member Ward confirmed that the Manager could write language to ensure that. Mr. Horton proposed saying that if the Council was not satisfied it could require all of the remaining improvements, which would not be discretionary for OWASA. Council Member Ward asked that such language be included. Mr. Kerwin described that as a very responsible and prudent approach to the future.
OWASA Board Member Judy Weseman, speaking as a Town resident and a civil engineer, said that Board members had agreed that OWASA must find remedies to odors from the plant. But requiring an expensive fix without knowing with certainty that is needed would increase the cost of the facility and lead to higher rates, she said. Ms. Weseman proposed that the Town not require OWASA to partially cover the aeration basins as a condition of the SUP. Other measures were being made to address odor coming from those basins, she said, pointing out that covering them would cost $2 to 3 million and would add significant operation and maintenance costs.
Highland Woods resident Gary Richman expressed skepticism that OWASA would solve the problem. He is basing this on his experience with OWASA in the past, he said, as well as during the last month when he tried to get answers on how much improvement is enough, how much better it will be, and what the performance standards were for measuring improvement. Mr. Richman acknowledged that these were difficult issues to quantify. But they were nuisances to live with, he said, adding that a 20% increase in volume without measurable standards will be as harmful as it is beneficial. He urged Council members to require odor elimination, not just odor reduction.
Peg Parker read a letter from her Highland Woods neighbor, Lisa Bartles, who wrote that any increased processing would exacerbate unresolved issues. Ms. Bartles stated that she and her neighbors had been placated and provided with promises so many times that it would be foolish to take OWASA at its word now.
Highland Woods resident James L. Ingram pointed out that memos from him were included in the Council's packet. This was an ideal opportunity to achieve the elimination of odor, he said, pointing out that a great number of communities across the country had succeeded in doing so. Mr. Ingram read a description of a wastewater treatment plant in Vancouver that had achieved absolutely no odor outside the plant. He described Chapel Hill as a unique community that should be able to match what other places had done. Mr. Ingram stated that he felt encouraged by what he'd heard tonight. But there had been no specific commitment to totally eliminate odor, he pointed out.
Mr. Ingram noted that OWASA had contradicted its own consultant. They had stated that it would not be prudent to spend $1.5 million to cover aeration basins at this time even though their consultant had listed it as a major source, he said. Mr. Ingram characterized the argument against spending a few million dollars as less powerful in the context of a $45 million expansion. He commented on all of the visitors and activities that take place next to the plant, and expressed alarm that Resolution A did not mention odor control even though the Town had identified that as the key issue. Mr. Ingram recommended that the Town Council add that to the resolution.
F. Reed Johnson suggested starting with the premise that a well-designed and well-managed wastewater treatment plant does not stink. The plant had not been designed to control odors, he said, so it uses Band-Aid solutions that require a lot of maintenance and management and often do not function well. Mr. Johnson stated that findings 1 and 3 could not be supported. He expressed support for the Manager's recommendation that OWASA assess the cost and effectiveness of odor control options. Mr. Johnson proposed that OWASA be responsible for quantifying the impact of odor on property values and on the quality of life. He requested that a continuous monitoring system be installed that could be objectively reviewed to determine whether or not OWASA is achieving those goals.
Mayor Foy requested that this come back to the Council with wording that assures that the odor will be eliminated, since that will be something the Council will want to consider. He also asked for information on how much the extra $2 million would cost ratepayers on a monthly basis over a typical debt structure term.
Council Member Greene expressed support for total elimination of odor. Failing that, she asked that the Council require a completion date with penalties if it is not met. Mr. Horton pointed out that penalties for violation of a SUP were already spelled out in the Land Use Management Ordinance (LUMO). Council Member Greene asked that they be put into the SUP as well.
Mayor pro tem Wiggins asked if the sources of odor were just at the treatment plant and not at pumping stations too. Mr. Kerwin replied that repairs would include the Morgan Creek Pumping Station. Mayor pro tem Wiggins inquired about the Cleland Pumping Station, and Mr. Kerwin replied that OWASA believed it had resolved most of the problem there with a mixer and biofilter. He was not aware of any recent inquiries or complaints, he said. Mayor pro tem Wiggins noted that OWASA had made several requests to the Council to "exceed" or "waive" regulations. She was leaning toward requesting the total elimination of odor rather than just improving it, she said.
Council Member Ward disclosed that he was a 28-year employee of the neighboring Botanical Garden, which has about 90,000 visitors each year. He had lived with some of the odor himself, he pointed out, adding that he had gone to the plant and stood on the equipment. Council Member Ward said that he had been willing to give OWASA's proposal a chance, but he did not see the request to totally eliminate odor as unreasonable. He noted that he had also asked OWASA to do something about the visual "eyesore" that it presents to the Botanical Garden during the leafless months. Council Member Ward asked the Manager to add a stipulation that would require OWASA to initiate a public forum on visual pollution and what can be done in terms of painting and/or replacing structures.
Council Member Greene suggested changing the word "modification" to "deviation" in the sentence regarding OWASA's request that the SUP veer from LUMO specifications.
Council Member Ward asked that existing noise levels be included in the guidelines and that any expansion be required to meet or exceed those guidelines. He also asked whether there should be greater attention paid to noise based on the adjacent land use.
Mayor Foy verified with the Manager and Town Attorney that the Council was not at the point of requesting the applicant's statement regarding conditions.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECESS THE PUBLIC HEARING TO MARCH 1, 2004 AND TO REFER COMMENTS TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 3 - Concept Plan: Faculty-Staff Recreation Association
at the University of North Carolina at Chapel Hill
Principal Planner Gene Poveromo outlined the proposal to demolish and replace a 3,200 square foot building at this UNC-owned site south of Highway 54, which was referred to as "The Farm." The request was to construct a 3,500 structure in its place, he explained. Mr. Poveromo indicated the 100-acre parcel on a map, and explained that the SUP would encumber about 28 acres. The applicant was the Facility Staff Recreation Association, he said, and the property, located off Barbee Chapel Road included a pool, clubhouse, and tennis courts. Mr. Poveromo stated that the property was zoned OI-2 and was in the Town limits and the Urban Service Area. There was no staff review of this proposal, he said, but the staff believes that it will not require a rezoning or modification to the regulations.
Architect Ellen Weinstein explained that UNC leases the 28-acre site to The Farm on a 99-year basis. Membership at The Farm is open to all full-time and permanent part-time UNC and UNC Hospitals employees, she said. Ms. Weinstein commented that The Farm would continue maintaining the rural character of the site. They propose to thin and cut back the underbrush and improve the sight lines from the entrance and exit, she said. Ms. Weinstein explained that UNC's historic preservation manager had prepared a survey, which indicated extensive foundation damage and wood rot, significant deflection, and sagging. The preservation manager had concluded that it would be prudent to demolish the building, she said.
Ms. Weinstein explained how they would "deconstruct" the building and work with local contractors to remove and recycle as much of the material as possible. She showed slides that demonstrated the "pretty darn low tech" character of the other structures on the site. Ms. Weinstein stated that the new building would maximize solar orientation and pick up on the simple form, scale and building materials on the site.
Council Member Harrison ascertained that the cross section of road at entrances and exits would not be changed.
Council Member Verkerk asked the applicant to consider building a sidewalk from the entrance to the first driveway.
Council Member Greene asked for more information about the local non-profits who would receive salvaged refuge from the building. Ms. Weinstein replied that there were several local companies who come and take wood products, concrete block, asphalt shingles, and so forth. But the fireplace mantel would be turned back to the University, she said.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR THE FACULTY-STAFF RECREATION ASSOCIATION AT THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (2004-02-16/R-1)
WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, for the Faculty-Staff Recreation Association at the University of North Carolina at Chapel Hill; and
WHEREAS, the Council has heard presentations from the applicant and citizens; and
WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussion on February 16, 2004, and reflected in minutes of that meeting.
This the 16th day of February, 2004.
Item 4 - Concept Plan: Performance BMW/Hendrick Automotive Group
Mr. Poveromo outlined the proposal to expand an existing automotive sales/repair facility along Highway 15-501 near Sage Road. The staff believed this would mean modifying an SUP and a rezoning request, he said. Mr. Poveromo described the proposal to expand a SUP boundary by encumbering two adjacent lots and demolishing 17,000 square feet of floor area, which included a service bay, an adjacent bank, and a residence. The applicant was proposing constructing 67,000 square feet of new floor area, enlarging an employee parking lot, and rezoning a portion of the site from neighborhood commercial to commercial, he said. Mr. Poveromo added that the applicant also planned to encumber a lot adjacent to its offsite parking facility.
Phil Post, representing Performance Auto Mall and Hendrick Automotive Group, reviewed the history of the site and presented the request to expand it from 10-1/2 to approximately 14 acres. Mr. Post explained that this would be the ultimate build-out for at least 10-11 years. He believed that the LUMO would also allow expansion of accessory use for parking on the south side of Durham Road, Mr. Post said, adding that doing so would lead to the full and complete control of stormwater runoff in that area. He also proposed relocating customer parking to the front of the commercial site.
Mr. Post explained that the circulation drives would essentially remain the same. He described the landscaping plan and commented that the proposed plantings would meet or exceed buffer requirements. Mr. Post discussed a sidewalk connectivity plan and said that the applicant was doing a good job of encouraging carpooling, public transportation and walking. They were providing about a half space per employee for parking, he said. Mr. Post discussed water quality and mentioned a plan to have all water for car washing come from two rainwater cisterns. He noted the considerable amount of pervious paving and indicated where the water retention facility would be.
Architect Brooks Runkle responded to the Community Design Commission's (CDC) comment that the building seemed too long. He indicated where green spaces would help break that up and said that they would move doors and other eyesores to the back of the building. Mr. Runkle stated that the applicant was working on architecture that would create shadows. They had also brightened the building up with clear class and more pedestrian plazas that will pull the showroom function outside, he explained. Mr. Runkle concluded that his architectural drawings had addressed CDC's comments and said that they speak for themselves.
Performance Auto Mall General Manager Gerald Moyne mentioned the need to be competitive with Southpoint and other areas. They were attempting to utilize their space and keep people in Chapel Hill, he said. Mr. Moyne stated that his business had contributed positively to the community and said that they would continue to do so in the future.
Council Member Harrison thanked the applicant for the meaningful and thoughtful response to the CDC's comments. He mentioned a letter to the CDC from Paulette Pridgen expressing concern about the request for rezoning. Mr. Post replied that the parking lot had not been rezoned and said that he did not think it needed to be. The applicant would continue the same "laser beam approval for employee parking only" and keep the neighborhood a commercial zone, he said.
Council Member Harrison mentioned runoff that was still not controlled, and Mr. Post assured him that it would be as part of this renovation. Council Member Harrison inquired about trucks parking on nearby streets, and Mr. Post explained that they had recently installed no parking signs that were alleviating that problem. He pointed out, though, that these trucks had no relation to the applicant's business.
Council Member Greene noted that parking at the Saturn dealership next door was already problematic. She expressed concern that the applicant's plan would make a traffic bottleneck worse. Mr. Moyne showed where the exit only area would be and stated that the proposed traffic plan would help relieve that bottleneck. Also, Saturn would be moving to Durham, he said. Council Member Greene expressed concern about traffic near Hardees. Mr. Moyne described ways in which his proposed traffic plan should relieve that problem. But that intersection had been bad for a long time, he pointed out, noting that it would continue to be bad until the Town improves it.
Council Member Verkerk objected to the idea of the Highway 15-501 entranceway into Chapel Hill being a row of cars. She asked the applicant to think seriously about the aesthetics of that area and the CDC's recommendation to put the parking behind the buildings. Council Member Verkerk expressed relief that the architect had attempted to break up the design, but said that it still was "a really brutal profile." She asked the applicant to do better and bring back a more interesting design. Mr. Moyne noted that all of the parking in question would be for customers and not for car inventory.
Council Member Ward encouraged the applicant to use more porous pavement to deal with stormwater. He also asked what happens to the car-wash water after it is used. Mr. Post replied that it goes through a filter system and that some of it could be reused.
Council Member Greene expressed appreciation to the applicant for responding to the CDC's comments. She agreed with Council Member Verkerk's suggestion, however, about putting the parking in the back. Council Member Greene said that this would improve the appearance and might even enable traffic to be routed through Old Durham Road to the Sage Road intersection.
Mayor Foy urged the applicant to consider the visual impact of the site as one comes into Town. He suggested pushing the buildings to the front of the property and having the lowest possible visual impact of cars. Mayor Foy pointed out that this would require doing something to shield and minimize the parking in that area.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR THE PERFORMANCE BMW/HENDRICK AUTOMOTIVE GROUP (2004-02-16/ R-2)
WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, for the Performance BMW/Hendrick Automotive Group; and
WHEREAS, the Council has heard presentations from the applicant and citizens; and
WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussion on February 16, 2004, and reflected in minutes of that meeting.
This the 16th day of February, 2004.
The meeting adjourned at 10:45 p.m.