BOC Minutes May 8 2014
May 8, 2014
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PERSON COUNTY BOARD OF COMMISSIONERS MAY 8, 2014
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Heidi York, County Manager
Kyle W. Puryear C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Frances P. Blalock
David Newell, Sr.
The Board of Commissioners for the County of Person, North Carolina, met in
recessed session on Thursday, May 8, 2014 at 6:00 pm in the Person County Office
Building Auditorium for the purpose to meet jointly with Roxboro City Council.
Person County Attendees:
Chairman Clayton, Vice Chairman Jeffers, Commissioners Blalock, Puryear and Newell
County Manager, Heidi York
Clerk to the Board, Brenda Reaves
Assistant County Manager, Sybil Tate
County Attorney, Ron Aycock
City of Roxboro Attendees:
Mayor Merilyn Newell, Mayor Pro-Tem William Davis, Council Members:
Henry Daniel, Sandy Stigall, Mark Phillips and Byrd Blackwell
City Manager, Stephen Steese
City Clerk, Trevie Adams
Assistant City Manager, Tommy Warren
City Attorney, Nick Herman
Other Attendees:
Winkie Wilkins, NC House, District 2 Person & Granville Counties
Mike Woodard, NC Senate, District 22 Durham, Person & Caswell Counties
Chairman Clayton called the meeting to order.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Clayton requested the following changes to the agenda:
Add Myles Bartos and Kenneth Rhame as speakers for US Environmental
Protection Agency (EPA) for the Informational Session related to the Coal Ash Spill in
the Dan River and noted that Jenny Edwards would be speaking on behalf of Tiffany
Haworth for the Dan River Basin Association was running a late to the meeting.
Councilman Phillips recommended the following order for the speakers during the
informational session related to the Coal Ash Spill in the Dan River:
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Lou Zeller, Blue Ridge Environmental
Jenny Edwards, Dan River Basin Association
Corey Basinger and Sherri Knight, DENR
Myles Bartos and Kenneth Rhame, EPA
Tanya Evans, Duke Energy
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda as adjusted with the additional speakers representing US EPA and the order to
which the speakers will present to the group.
INFORMATIONAL SESSION RELATED TO THE COAL ASH SPILL IN THE
DAN RIVER:
Chairman Clayton and Mayor Newell announced that each speaker will be
allotted ten minutes with questions from the elected officials at the end of all
presentations nor would an informal comment period be held.
Mr. Louis Zeller, Executive Director of the Blue Ridge Environmental Defense
League (BREDL) provided the group the following presentation:
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The group asked the representatives from NC Department of Environment and
Natural Resources (NCDENR) to present next due to the fact Ms. Edwards with the Dan
River Basin Association had not yet arrived to the meeting.
Mr. Corey Basinger, Water Quality Regional Supervisor of the NCDENR
Winston-Salem Regional Office and Ms. Dianne Reid, Environmental Sciences Section
Chief for the Archdale Water Quality Planning Section shared with the group the
following presentation noting the Dept. of Environment and Natural Resources is
working with Duke Energy to monitor and contain a spill of coal ash that began February
2nd from a stormwater pipe into the Dan River in Eden.
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Ms. Jenny Edwards, Dan River Basin Association (DRBA) Rockingham County
Program Manager gave the group the following presentation:
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Mr. Myles Bartos, US Environmental Protection Agency (EPA) Region 3
Scientist from Virginia and Mr. Kenneth Rhame, EPA Region 4 from North Carolina
provided the following informational presentation.
On February 3, 2014 The N.C. Department of Environment and Natural
Resources (NC DENR) contacted EPA requesting technical assistance for the coal ash
release that occurred at the Duke Energy Dan River Steam Station coal ash pond in
Rockingham County, NC. EPA Regions 3 and 4 deployed On-Scene Coordinators
(OSCs) and entered into a Unified Command (UC) structure, consisting of Duke Energy,
NCDENR, the US Fish and Wildlife Service (FWS) and the Virginia Department of
Environmental Quality (VDEQ), to manage the incident. As a part of the unified
command, EPA is providing technical assistance, including oversight, data management
and sampling support.
Mr. Bartos stated EPA has collected 470 water quality and sediment samples at
the spill source and several locations upstream and downstream (120 locations) from the
spill site to date. Sampling locations include both raw water intakes and finished potable
water at the Danville, South Boston and Clarksville Drinking Water Treatment Plants. To
date, none of the finished water samples have shown any detection above Federal
Maximum Contaminant Levels.
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Ms. Tanya Evans, District Manager for Duke Energy introduced Duke Energy
colleagues Mr. Mike Engelman, Vice President of Environmental Health and Safety and
incident commander for the Dan River response and Ms. Amy Strecker, Communications
Specialist. Ms. Evans gave the group the following presentation:
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Ms. Evans assured everyone that Duke Energy is committed to protecting the
environment and public while operating the power plants safely. The drinking water
supplies for Danville, VA, South Boston, VA and Clarksville, VA which all utilize the
Dan River, were never affected by the coal ash spill. Ms. Evans reconfirmed the public
drinking water has been safe at all times since the spill into the Dan River. Ms. Evans
added the ongoing water sampling demonstrates that the Dan River has returned to
normal water quality conditions and that the NC State researchers from the College of
Agriculture and Life Sciences have also studied the river and concluded that it is suitable
for use as irrigation water on crops and as drinking water for livestock.
Following all speaker presentations, the floor was open to both governing bodies
to ask questions.
Commissioner Newell asked Mr. Zeller if the landfill is a safe place for the coal
ash. Mr. Zeller stated he did not believe putting coal ash in landfills was a safe practice
noting one of the testing methods being used to determine if the coal ash is safe to be
placed in the landfill is not an appropriate method for evaluating potential health risks
that exist when the ash is deposited in a landfill or if the ash is used as cover material for
the landfill. Mr. Zeller noted that landfill liners will eventually leak due to deterioration
over time.
Councilman Phillips asked Mr. Basinger to confirm the Eden Stakeholder
meetings. Mr. Basinger stated as part of the Dan River long-term remediation, a
Stakeholders Group was coordinated consisting of EPA, NC DENR, VA DEQ, US FWS,
US Army Corps of Engineers, US Coast Guard, Rockingham County, Danville, South
Boston, Clarksville and Duke Energy which meets every Wednesday at 10:00 am in
Eden, NC. Mr. Basinger passed out informational cards containing Dan River Steam
Station Informational web site links.
Commissioner Blalock asked Ms. Evans the status of Duke Energy’s Monofill
approved in 2010 for the disposal of coal combustion products on-site. Ms. Evans stated
the Monofill is not yet completed, not open for use at present time, but noted the Monofill
is due to be completed in the next few weeks. Ms. Evans stated the Monofill is a double
lined landfill with a sixty-year life span. Commissioner Blalock stated her concern that
once the coal ash leaves Duke Energy property and placed in a landfill, the transfer of
liability takes place.
When asked about the on-site coal ash basins at the power plants, Ms. Evans
stated Duke Energy has stored ash in a manner consistent with prevailing standards and
industry norms noting once plants are retired, the coal ash basins are permanently closed.
Ms. Evans stated the material going to the landfill is within guidelines outlined in the
site’s permit.
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Commissioner Newell asked Representative Wilkins and Senator Woodard if
anything can be done at the state level to make Duke Energy keep their own trash.
Representative Wilkins and Senator Woodard stated three bills regarding coal ash
disposal are being proposed. Commissioner Newell requested that his request be
considered as well.
Commissioner Blalock asked Mr. Bartos about the policy decision at EPA related
to defining coal ash as a hazardous or non-hazardous material noting the expectation that
EPA would make a ruling by December 19, 2014. Mr. Bartos could not comment related
to leadership at EPA setting policy to define coal ash as an acceptable solid waste
material.
Commissioner Puryear asked Mr. Basinger to confirm Subtitle D lined landfills
are safe. Mr. Basinger could not confirm or deny but offered to get an answer to his
question by his associates at NC DENR.
Commissioner Puryear asked County Manager, Heidi York if the Upper Piedmont
landfill is lined. Ms. York answered affirmatively.
Commissioner Puryear questioned Mr. Zeller regarding his earlier reference to the
Alabama Subtitle D landfill noting he had searched the reference on the internet and
found out that the Alabama landfill was unlined and not meant for coal ash. Mr. Zeller
referred the governing bodies to Technical Report No. 14-083 Coal Ash Disposition
noting Dr. Fred Lee concludes the waste in Subtitle D landfills will be a threat to pollute
ground waters forever due to solid waste landfills are subject to natural forces which
make leakage and contamination inevitable. Commissioner Blalock advocated the use of
cylindrical concrete tanks as permanent disposal units for coal ash instead of solid waste
landfills.
Vice Chairman Jeffers asked Ms. Evans about ongoing review of the coal ash
basins in Person County. Ms. Evans stated Duke Energy has a Strategic Team reviewing
the disposal of coal ash and the issues related. Ms. Evans said every ash basin in the
Duke Energy fleet is inspected multiple times during the year.
Chairman Clayton thanked all speakers participating noting the informational
session was very educating to everyone.
Mayor Newell stated appreciation for the information shared with both governing
bodies noting the City has a permit to draw water from the Dan River and the water
quality is of upmost importance. Mayor Newell stated the City of Roxboro, together with
Person County, Caswell County and the City of Yanceyville participate in an Interlocal
Agreement to have the Dan River as a water resource.
Chairman Clayton thanked Representative Wilkins and Senator Woodard for their
help and participation with both governing bodies.
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Chairman Clayton announced a brief recess at 7:21 pm and the meeting was
reconvened at 7:30 pm.
PARTNERING ON THE RECREATION & SENIOR CENTER:
Commissioner Puryear led the discussion recommending both governing bodies
to work together for a common goal to secure a suitable location for the Senior Center
noting the temporary site location is unsatisfactory to many. Commissioner Puryear said
he requested the joint meeting for elected officials to have dialogue about partnership on
an opportunity to acquire the former Leggett facility for use as a Senior Center.
Council members stated their support to work together if they could afford it.
Councilman Daniel referred to the Senior Center as a county department to which Vice
Chairman Jeffers corrected that the Senior Center is not a county department but a service
to all citizens. Vice Chairman Jeffers further noted the County has historically
appropriated $100,000 to the Senior Center for programming while the City has provided
the building to house the program.
Vice Chairman Jeffers advocated for the staff of the Senior Center be included in
discussions for the permanent site.
It was the consensus of both governing bodies to further discuss in Closed
Session.
PARTNERING ON A JOINT UNIFIED DEVELOPMENT ORDINANCE:
Mayor Newell extended to county officials another chance to partner jointly on
creating a unified development ordinance noting the proposals for the City to pursue this
venture had come in at $60,000 versus the $100,000 estimated. Mayor Newell further
noted the City and County did not have to participate in a joint Planning Department to
implement a unified development ordinance. Mayor Newell stated the City is planning to
fund over the next two fiscal years and indicated there were opportunities for both
governing bodies to have some savings with the costs of a joint City-County
implementation.
Commissioner Blalock questioned the conflict of uses between City and County
rules noting each governing body has many different rules.
Vice Chairman Jeffers requested the County Manager and the County Attorney to
outline the advantages and disadvantages of the County pursuing a unified development
ordinance at an upcoming work session. Commissioner Puryear requested this
information at the first budget work session.
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CLOSED SESSIONS:
A motion was made by Commissioner Puryear and carried 5-0 to enter into
Closed Session per General Statute 143-318.11(a)(4) for the purpose of discussion of
matters relating to the location or expansion of industries or other businesses in the
county (economic development – first closed session) and per General Statute 143-
318.11(a)(5) to consider the acquisition or lease of real property (second closed session)
jointly with Roxboro City Council at 7:51 pm with the following individuals permitted to
attend: Mayor Merilyn Newell, Mayor Pro-Tem William Davis, Council Members
Henry Daniel, Sandy Stigall, Mark Phillips and Byrd Blackwell, City Manager, Stephen
Steese, City Clerk, Trevie Adams, Assistant City Manager, Tommy Warren, City
Attorney, Nick Herman, County Manager, Heidi York, Assistant County Manager, Sybil
Tate, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Economic
Development Director, Stuart Gilbert (first closed session only), John Hill, Director of
Arts, Parks & Recreation (second closed session only), Senator Mike Woodard and
Representative Winkie Wilkins.
Following a brief break, Closed Session was called to order at 7:59 pm.
A motion was made by Vice Chairman Jeffers and carried 5-0 to return to open
session at 9:12 pm.
Commissioner Puryear asked City Council if Council intended to fill the
designated City seat for representation on the Animal Services Advisory Board noting if
they did not have any intention to do so that the Animal Services Advisory Board would
like to fill that seat in another capacity. Mayor Newell requested for the City Manager to
add this item to City Council’s next agenda.
ADJOURNMENT:
A motion was made by Vice Chairman Jeffers and carried 5-0 to adjourn the
meeting at 9:13 pm.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman