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Agenda Packet April 7 2014
PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 April 7, 2014 5:30 pm Person County Board of Commissioners And Piedmont Community College (PCC) Board of Trustees Special Joint Meeting Agenda 5:30 p.m. Call to Order and Welcome Jimmy Clayton, Chairman, Board of County Commissioners Maggie Whitt, PCC Board of Trustees Chair 5:35 p.m. Overview of PCC’s Budget Request Dr. Walter Bartlett, PCC President 6:00 p.m. Overview of Capital Projects Funding Heidi York, County Manager & Amy Wehrenberg, Finance Director 6:05 p.m. Open Dialogue Between the Boards Jimmy Clayton, Chairman, Board of County Commissioners Maggie Whitt, PCC Board of Trustees Chair 6:15 p.m. Recess Meeting to 6:30 pm Jimmy Clayton, Chairman, Board of County Commissioners 1 6:30 pm Special Meeting to hold an informal interview for the Planning Board CALL TO ORDER…………………………………………………. Chairman Clayton Closed Session for the purpose of considering appointment of individuals through an informal interview process with applicants of competitive committee, boards, and commissions per General Statutes 143-318.11(a)(6). Return to Open Session for Board discussion and action as deemed appropriate Recess to the regularly scheduled meeting at 7:00 pm * * * * * * * * * 7:00 pm CALL TO ORDER…………………………………………………. Chairman Clayton INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA ITEM #1 A. FISCAL YEAR 2014-2015 BUDGET INFORMAL COMMENTS This is an opportunity to share with the Board funding priorities from residents prior to the County Manager presenting her Recommended Budget. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. B. INFORMAL COMMENTS The Person County Board of Commissioners established a 10 minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. 2 ITEM #2 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A. Approval of Minutes of February 24, 2014 B. Approval of Minutes of March 17, 2014 C. Budget Amendments #12 and #13 D. CDBG Monthly Reporting for the month of March 2014 UNFINISHED BUSINESS: ITEM #3 Summary of Information on the Coal Ash Spill in the Dan River ………………………………………….. Commissioner Blalock ITEM #4 Broadband temporary solution ………………………………………........... Sybil Tate NEW BUSINESS: ITEM #5 Recommended Capital Improvement Plan for FY 2015-2019 ……………Heidi York & Amy Wehrenberg CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSION #1 Closed Session per General Statute 143-318.11(a)(2) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Assistant County Manager, Sybil Tate and County Attorney, Ron Aycock. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 3 NOTICE OF SPECIAL MEETINGS The Person County Board of Commissioners will hold a Special Meeting on Monday, April 7, 2014 at 5:30 p.m. The meeting will be held in the Commissioners’ meeting room 215 at the County Office Building and the purpose of the meeting will be for a joint session with Piedmont Community College Board of Trustees. Topics of mutual interest between both boards will be discussed. The Person County Board of Commissioners will hold a Special Meeting on Monday, April 7, 2014 at 6:30 p.m. The meeting will be held in the Commissioners’ meeting room 215 at the County Office Building and the purpose of the meeting is to hold an informal interview. Brenda B. Reaves, NCCCC, CMC Clerk to the Board 4 Person County Board of Commissioners and Piedmont Community College Board of Trustees Special Joint Meeting April 7, 2014 5:30 p.m. Presentation Overview I. Collaborations and Partnerships A review of the collaborations and partnerships Piedmont Community College has undertaken in Person County to serve the county’s needs for community enrichment, workforce development and economic development. II. Demonstrating the Value of Piedmont Community College Summary of the findings of an economic impact study the College commissioned. The College hired EMSI, a nationally-recognized organization, to perform an analysis of the economic impact and return on investment of the education that Piedmont Community College provides its service area. III. 2014-15 Funding Challenges An outline of the factors causing the College’s funding challenges along with the College’s plans to address those reduction factors. IV. Piedmont Community College’s Person County Funding Proposal Presentation of a budget proposal that will provide the College with the financial resources it needs to continue to provide quality training and education to Person County citizens, businesses and industries. 5 6 APPROVEDBUDGET2011-2012APPROVEDBUDGET2012-2013APPROVED BUDGET 2013-2014PROPOSEDBUDGET2014-2015% CHANGE + OR -56,357$ 37,469$ 40,805$ 41,646$ 2.1%588,416 591,811 571,692 652,246 14.1%286,526 324,853 295,044 299,423 1.5%- - 31,529 195,283 519.4%60,400 57,400 72,463 83,730 15.5%991,699$ 1,011,533$ 1,011,533$ 1,272,328$ 25.8%25,000 62,500 87,000 95,000 9.2%10,000 10,000 10,000 10,000 0.0%1,026,699$ 1,084,033$ 1,108,533$ 1,377,328$ 24.2%PERSON COUNTY BUDGET REQUEST GRAND TOTALCapital outlay for FY 2014-15 is listed below and on an attachment entitled 2014 - 2015 Capital Budget Items. PIEDMONT COMMUNITY COLLEGEPERSON COUNTY FY 2014-2015TOTAL OPERATING EXPENSECAPITAL OUTLAYGeneral AdministrationSUMMARYOPERATIONS AND MAINTENANCEBUSINESS INCUBATOR OPERATING FUNDSGeneral InstitutionOperations MaintenanceSecurityPage 1 of 54/1/20147 CODEDESCRIPTIONAPPROVEDBUDGET2011-2012APPROVEDBUDGET2012-2013APPROVED BUDGET 2013-2014PROPOSEDBUDGET2014-2015% CHANGE + OR -110-511100 Salaries-President 20,938$ 21,191$ 20,945$ 20,945$ 0.0%110-518100 Social Security1,386 1,622 1,374 1,374 0.0%110-518200 Retirement2,300 2,880 3,216 3,216 0.0%110-518300 Medical Insurance791 833 718 718 0.0%110-518500 Unemployment1,258 1,250 -0.6%110-518700 Longevity Payments942 943 943 943 0.0%130-519200 Other Contracted Services- - 1,200 1,200 0.0%130-539500 Other Current Expense30,000 10,000 11,151 12,000 7.6%TOTAL GENERAL ADMINISTRATION56,357$ 37,469$ 40,805$ 41,646$ 2.1%610-514000 Salaries-FT Operations 117,773 140,600 101,844 131,848 29.5%610-514010 Salaries-PT Operations40,000 35,557 48,319 48,319 0.0%610-518100 Social Security9,012 10,760 7,791 10,086 29.5%610-518200 State Retirement15,455 19,033 14,961 19,237 28.6%610-518300 Medical Insurance24,976 29,811 26,496 31,806 20.0%610-518500 Unemployment Insurance- - 7,895 8,000 1.3%610-518600 Workman's Compensation4,200 2,100 2,500 2,500 0.0%610-519000 Contracted Services30,000 30,000 31,658 32,000 1.1%610-521000 Household Supplies28,000 28,000 28,000 30,000 7.1%610-522000 Maintenance Supplies6,000 6,000 6,000 6,000 0.0%610-525000 Motor Vehicle Supplies- 150 232 350 50.9%610-531110 In-State Ground Transportation- 300 300 400 33.3%610-533100 Heating32,000 20,000 27,939 28,000 0.2%610-533200 Water37,000 34,000 32,000 32,000 0.0%610-533300 Electricity210,000 200,000 192,150 208,000 8.2%610-535300 Motor Vehicle Repair- 1,500 3,700 4,700 27.0%610-539500 Other Current Expense9,000 6,000 9,907 12,000 21.1%610-545000 Insurance and Bonding25,000 28,000 30,000 47,000 56.7%TOTAL OPERATIONS588,416$ 591,811$ 571,692$ 652,246$ 14.1%PIEDMONT COMMUNITY COLLEGEPERSON COUNTY FY 2014-2015Page 2 of 54/1/20148 CODEDESCRIPTIONAPPROVEDBUDGET2011-2012APPROVEDBUDGET2012-2013APPROVED BUDGET 2013-2014PROPOSEDBUDGET2014-2015% CHANGE + OR -620-514000 Salaries-FT Maintenance173,175$ 202,269$ 166,474$ 166,474$ 0.0%620-518100 Social Security13,250 14,712 12,501 12,501 0.0%620-518200 State Retirement22,725 26,135 24,495 24,495 0.0%620-518300 Medical Insurance25,893 30,937 25,303 25,303 0.0%620-518500 Unemployment4,995 5,000 0.1%620-518600 Workman's Compensation4,000 3,000 2,200 2,200 0.0%620-518700 Longevity Payment- - 575 575 0.0%620-522000 Maintenance Supplies18,000 18,000 16,000 17,000 6.3%620-522010 Grounds Maintenance Supplies2,500 2,500 2,000 2,500 25.0%620-525000 Motor Vehicle Supplies150 300 200 300 50.0%620-535100 Equipment Repairs19,000 19,000 21,752 25,000 14.9%620-535200 Facilities Repairs4,000 4,000 16,384 15,000 -8.4%620-535300 Motor Vehicle Repair- - 75 75 0.0%620-539500 Other Current Expense3,833 4,000 2,090 3,000 43.5%TOTAL MAINTENANCE286,526$ 324,853$ 295,044$ 299,423$ 1.5%130-511300 Salaries-FT Professional- - 31,529 135,283 329.1%130-512000 Salaries-FT Support- - 11,297 11,297 0.0%130-512010 Salaries-PT Support- - 1,756 1,756 0.0%130-518100 Social Security- - 3,247 3,247 0.0%130-518200 State Retirement- - 6,307 6,307 0.0%130-518300 Medical Insurance- - 5,323 5,323 0.0%130-519000 Legal Fees7,000 7,000 6,000 7,000 16.7%610-519000 Contracted Services- - - 60,000 #DIV/0!130-527000 Other Supplies- - 133 150 12.8%130-532200 Telephone45,000$ 42,000$ 31,164$ 40,000$ 28.4%130-539500 Other Current Expense-$ -$ 236$ 250$ 5.9%130-543010 Fleet Motor Vehicle7,000 7,000 7,000 7,000 0.0%130-580100 Transfer for Work-Study1,400 1,400 - 1,400 #DIV/0!TOTAL GEN INSTIT & SECURITY60,400$ 57,400$ 103,992$ 279,013$ 168.3%TOTAL OPERATING EXPENSE991,699$ 1,011,533$ 1,011,533$ 1,272,328$ 25.8%PIEDMONT COMMUNITY COLLEGEPERSON COUNTY FY 2014-2015Page 3 of 54/1/20149 CODEDESCRIPTIONAPPROVEDBUDGET2011-2012APPROVEDBUDGET2012-2013APPROVED BUDGET 2013-2014PROPOSEDBUDGET2014-2015% CHANGE + OR -Handicap Doors - Bldg A,S, ASC5,000 - 5,000 Boiler Repair20,000 - - - Repair HVAC Building H40,000 - - Carpet Building A15,000 Replace Fire Alarm Cable7,500 - - Kirby Rebirth Funding40,000 Security Cameras - Cover entire campus15,000 1Tractor (Front end loader & Bush hog)35,000 2Locks for Classroom / Office Doors42,000 30,000 3Truck15,000 4TOTAL CAPITAL OUTLAY25,000$ 62,500$ 87,000$ 95,000$ 9.2%Business Incubator Operating Funds10,000 10,000 10,000 10,000 0.0%PERSON COUNTY BUDGET REQUESTGRAND TOTAL$1,026,699 $1,084,033 $1,108,533 $1,377,32824.2%1- We presently have a digital camera system that allows us to see around the perimeter of the campus. We would like to supplement this system with cameras that point inside of the campus complex.2- The College owns a tractor that is over 40 years old that is used for bushhogging, landscaping, and snow removal. It has reached end of life. We would like to purchase a used 4 wheel drive tractor that will serve the above purposes versus having to contract these services outside.3 - Last year we replaced the locks on all classroom doors around campus to allow classrooms to be locked from the inside for security purposes. This year we are requesting funds to do the same thing for offices around campus.4- A newer pickup truck is needed for hauling things around the campus and around the county. We use a truck to pick up supplies, deliver items to various locations, to take items to the recycling center, to move equipment, etc. Our current truck (a 1999 model) has 113,000 miles on it and is costing us about $1000 per year in repairs. We would not purchase a new truck but a newer used truck.PIEDMONT COMMUNITY COLLEGEPERSON COUNTY FY 2014-2015Page 4 of 54/1/201410 BUDGET REQUESTPERSON COUNTYBUSINESS DEVELOPMENT CENTER2014-2015Household Supplies300$ Office Supplies200 Heating500 Water300 Electricity4,460 Telephone3,200 Equipment Repairs500 Insurance540 TOTAL10,000$ Page 5 of 54/1/201411 PIEDMONT COMMUNITY COLLEGE EXPLANATION OF CHANGES: 2014-2015 BUDGET & ORIGINAL SUBMISSION & 2013-2014 BUDGET Operations: Additional Custodian - $30,000 plus benefits: To hire custodian for areas added since last custodian was hired. Areas include the Kirby Learning Studios, Helena and S building. Salaries / Benefits for Custodial Staff - $12,000: To increase custodial staff salaries to ensure that entire staff makes at least $10 per hour. Electricity - $16,000. Past budget amount has not been adequate to pay entire bill without floating the payment. Property Insurance - $17,000: To pay all property insurance of the College per statute. Some property insurances were being paid from State and Institutional funds because there was not enough county funds to pay it. Security: This is being separated from General Institution for explanation of increase purposes. Entire Salary / Benefits for Safety / Security Director - $41,754 addition. 60% of salaries and benefits has been being paid out of State and Institutional Funds because there was not enough County money to pay it. Statute makes this the responsibility of the County. Salary / Benefits for an Assistant for the Safety / Security Director - $40,000. The one man area cannot do what needs to be done for all of the hours that the College is open. Evening Supervisors - $22,000. This has been being paid with State funds but majority of work done by these individuals is related to safety and security. Sheriff Office Contract for Deputies - $60,000. Being paid from Institutional Funds. By statute this is the responsibility of the County. General Institution: Telephone - $9,000. Past budget amount has not been adequate to pay entire bill without floating the payment. 12 Additions to Budget between Years Additional Custodian $30,000 Sheriff Department Contract Security $60,000 Entire Salary for Safety & Security Director $41,754 Assistant to Director Safety / Security $40,000 Evening Security (current = State)$22,000 Property Insurance (current = State & Instit.) $17,000 Miscellaneous $59,041 $269,795 13 PIEDMONT COMMUNITY COLLEGE BOARD OF TRUSTEES As of January 2014 Mrs. Maggie Whitt, Madam Chairman Mr. Donald Wilson, Vice Chairman Mr. Phillip Allen Mr. Ronald K. Booker Mr. Eddie Burton Mr. J. Linwood Cates Mr. Bayard Crumpton Mrs. Tanya Evans Mr. Tim Gilliam Mr. Donovan Harper Mrs. Nicole McGhee Mrs. Gail Stilwell Mr. Cleve Wagstaff Mr. Larry Wilkerson Ms. Caressa Thomas, SGA President 14 15 MEDIA RELEASE County Commissioners to Hold Public Comments on Upcoming Fiscal Year Budget The Person County Board of County Commissioners will receive public comments related to the upcoming Fiscal Year 2014-2015 budget at their April 7th Board Meeting. In lieu of a holding a separate Community Conversation, the Board will set aside time at their next meeting to invite citizen input as the County Manager develops her Recommended Budget. This is an opportunity to share with the Board funding priorities from residents prior to the budget being developed. If you would like to offer comments and input, you will need to sign-up at the beginning of the meeting with the Clerk to the Board. The board meeting will be held at 7:00pm in room 215 of the County Office Building. ### 16 February 24, 2014 1 PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 24, 2014 MEMBERS PRESENT OTHERS PRESENT February 24, 2014 2 18 February 24, 2014 3 19 February 24, 2014 4 20 February 24, 2014 5 21 February 24, 2014 6 22 February 24, 2014 7 23 February 24, 2014 8 24 February 24, 2014 9 Mr. Kurt Frenzel and Mr. Joe Starks with ECC Technologies gave the group the following presentation: 25 February 24, 2014 10 26 February 24, 2014 11 27 February 24, 2014 12 28 February 24, 2014 13 29 February 24, 2014 14 30 February 24, 2014 15 31 February 24, 2014 16 32 February 24, 2014 17 33 February 24, 2014 18 34 February 24, 2014 19 35 February 24, 2014 20 36 February 24, 2014 21 The group received the information from the presentations and welcomed the opportunity to market Person County to the world through technology aided databases with mapped site specific data layers for Person County parcels including power, fiber, water and sewer, etc. that prove to be a valuable resource for the state and potential recruiting efforts for industry. Mr. Gilbert has the ability as the economic development director to update the website through the technology company teams to provide fast response to industry representatives looking at Person County as a potential site to locate and/or expand business. RECESS A motion was made by Vice Chairman Jeffers, and carried 5-0 to recess the joint session meeting at 9:07 am. The Board of Commissioners returned to their usual board room and reconvened the regular meeting at 9:17 am. Chairman Clayton called the meeting to order, led invocation and asked Vice Chairman Jeffers to lead the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Vice Chairman Jeffers and carried 5-0 to add to the agenda an item for an update and request for the Person County Senior Center by the Kerr Tar Council of Government Executive Director, Diane Cox. A motion was made by Commissioner Puryear and failed 2-3 to add to the agenda an item for discussion for a joint session meeting with the City of Roxboro. Commissioners Puryear and Newell voted in favor of the motion. Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voted in opposition to the motion. A motion was made by Vice Chairman Jeffers and carried 4-1 to add to the agenda a Closed Session for attorney consultation. Commissioner Puryear cast the lone dissenting vote. It was the consensus of the Board to approve the agenda as adjusted. RECOGNITIONS: Chairman Clayton read and presented a Resolution of Appreciation to each Person County retiree, Blanche Clayton, Barbara Lynn Fuller, Linda Faye Gryder, and Wanda Rogers. 37 February 24, 2014 22 38 February 24, 2014 23 39 February 24, 2014 24 40 February 24, 2014 25 41 February 24, 2014 26 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Leigh Woodall of 200 Reade Drive, Roxboro advocated for two road projects to the Board of Commissioners and to the NCDOT representatives in the audience for consideration for funding. The first road request was for the paving of Frogboro Road that serves Person and Caswell counties and in close proximity to Lake Roxboro. The second road project related to the four-lane of 501 North to the Virginia line noting the first phase is currently funded and in construction with phase two currently unfunded. Former Commissioner, Mr. Samuel Winstead of 101 Sam’s Ham Road, Leasburg requested assistance from the Board and the NCDOT representatives in the audience to pave three-tenths of a mile of Frogsboro Road in Person County that runs into Caswell County. Mr. Phillip Wade of 338 Roxboro Lake Road, Leasburg and Mayor of Frogsboro stated his hopes to get Frogsboro Road paved. Representative Winkie Wilkins of 210 Fair Oaks Drive, Roxboro stated he had heard the request from former commissioner, Sam Winstead and had gathered information through discussion with NCDOT staff that estimated $275,000 costs to pave and maintain the three-tenths of a mile of Frogsboro Road noting using the criteria presently used by NCDOT, Frogsboro Road did not rate well. Ms. Diane Fox of 1870 Edwin Robertson Road, Roxboro and Vice President of the Person County Historical Society appeared before the Board to request help in finding another location due to the Senior Center building no longer being able to be occupied. Currently the Person County Historical Society office is located in the lower level of the Senior Center and is not charged any rent. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the Consent Agenda with the following items: A. Minutes of January 21, 2014, B. Minutes of February 3, 2014, C. Budget Amendment 11, and D. ABC Board adoption of Person County Travel Policy effective 9/26/2011. 42 February 24, 2014 27 CHANGES TO NCDOT SECONDARY ROADS PROGRAM: Division Maintenance Engineer, Brandon Jones, on behalf of NCDOT Division 5/District 2 presented changes to the NCDOT’s Secondary Roads Program 2013-2014. Division Engineer, Wally Bowman, P.E., Deputy Division Engineer, Joey Hopkins, P.E., and Person County Maintenance Engineer, Anthony Talley was also present. Mr. Jones stated NCDOT has focused on providing more strategic transportation investments and funding of the secondary road program has decreased dramatically. House Bill 817 requires NCDOT to develop a statewide priority list for the remaining state maintained unpaved secondary roads as well as provides a non-recurring $15 million appropriation for the Fiscal Year 2013-2014 shared statewide distributed by county based on the traditional formula using county pro-rata share of secondary road mileage. House Bill 817 also provides an additional $12 million of recurring annual appropriation which will be used to fund the paving of roads from a statewide paving priority list that is yet to be established. County Commissioners will be notified should a project be selected in Person County. Mr. Jones presented this year’s program to reconcile past Highway Fund allocations as a part of this fiscal year’s $15 million appropriation noting any active projects from previous Fiscal Year’s funding will be continued. 43 February 24, 2014 28 44 February 24, 2014 29 45 February 24, 2014 30 Mr. Jones addressed the request for paving Frogsboro Road noting that Frogsboro Road is currently ranked at 1,729 on the priority list noting traffic count, businesses, homes, churches, schools all factor into the ranking criteria. Mr. Jones confirmed the Caswell County portion of Frogsboro Road is paved. Commissioner Newell asked Mr. Jones if there were any implications for road maintenance to be passed down to counties. Mr. Jones noted the state’s responsibility for maintenance on state roads further noting counties could participate in funding road maintenance if desired. VOLUNTEERS OF AMERICA SUPPORTIVE SERVICES FOR VETERANS AND FAMILIES: Ms. Judy Pounds, Program Director with Volunteers of America Carolinas Supportive Services for Veterans and Families stated the goal of the Volunteers of America Supportive Services for Veteran Families (SSVF) Program is to promote housing stability among very low-income Veteran families who reside in or are transitioning to permanent housing by providing case management services and temporary financial assistance (TFA) for Program participants. Volunteers of America Supportive Services for Veterans and Families has a VA grant of $360,000.00 to serve the veterans in Person County and 14 other counties in Central North Carolina. The counties include Alamance, Caswell, Person, Chatham, Durham, Franklin, Granville, Guilford, Harnett, Johnston, Lee, Orange, Randolph, Rockingham, and Wake. Ms. Pounds introduced Ms. Orlando Dawson, Case Manager assigned to Person County. Ms. Dawson will use office space provided by the Department of Social Services through Ms. Melinda Hudson. Ms. Pounds noted SSVF is targeting veterans who served in Operation Iraq Freedom, Operation New Dawn, and Operation Enduring Freedom as well as who has served, including World War II, Korean, and Vietnam with an honorable or general discharge with an income 50% below the median. Board members encouraged Ms. Pounds and Ms. Dawson to market SSVF through the county’s veteran coordinator, Richard Vining and through groups such as Rotary, Kiwanis, Grange, Roxboro Jaycees and the Roxboro Elks. 46 February 24, 2014 31 2013 STATE OF THE COUNTY HEALTH REPORT: Leigh Ann Creson, Health Educator for the Person County Health Department presented to the Board the 2013 State of the County Health Report. Ms. Creson stated the report provides current mortality and morbidity data for the county. It also lists health priorities identified through the 2011 Community Health Assessment process and reveals progress made towards addressing those priorities in the past year. New and emerging issues in public health are addressed as well as other changes in the county that have the potential to impact the health of Personians. Vice Chairman Jeffers asked Ms. Creson how many Personians have some form of health insurance. Ms. Creson noted that data is included in the large report that is located on the web site however she would email that information to him. Ms. Creson stated the web site is health.personcounty.net under the health data/community resources link. Commissioner Blalock asked Ms. Creson if the Health Strategic Plan was completed. Ms. Creson noted it is not yet completed with another meeting scheduled for mid March. A summary of the 2013 State of the County Health Report as presented to the Board is below. 47 February 24, 2014 32 48 February 24, 2014 33 49 February 24, 2014 34 50 February 24, 2014 35 51 February 24, 2014 36 52 February 24, 2014 37 53 February 24, 2014 38 54 February 24, 2014 39 55 February 24, 2014 40 56 February 24, 2014 41 57 February 24, 2014 42 PERSON AREA TRANSPORTATION SYSTEM SAFETY PROGRAM PLAN: Kathy Adcock, Person Area Transportation System (PATS) Manager, requested Board approval of the System Safety Program Plan (SSPP). Ms. Adcock noted the SSPP is a required safety review done by NCDOT that consist of a six core element assessment of PATS. The core elements included are 1) driver/employee, 2) driver training, 3) safety analysis, 4) drug and alcohol, 5) vehicle maintenance and 6) security. Ms. Adcock stated the assessment resulted in minor deficiencies to which PATS was given an allotted time to respond and correct such deficiencies. Ms. Adcock stated Person County’s review has been completed and meets NCDOT’s guidelines. Ms. Adcock requested Board approval of the SSPP. A motion was made by Commissioner Blalock, and carried 5-0 to approve the System Safety Program Plan for the Person Area Transportation System. PROPOSAL TO SCHEDULE PERSON COUNTY’S NEXT REVALUATION FOR 2021: Tax Administrator, Russell Jones told the Board General Statute 105-286 requires all counties in North Carolina conduct a revaluation of all real properties at least as often as every eight years (octennial cycle). While this is the minimum requirement, Mr. Jones noted many counties have, in the past, chosen to conduct revaluations more frequently, as allowed by General Statute 105-286(a)(3). Mr. Jones stated Person County conducted its first shorter revaluation for 1989. After 1989, Person County continued to conduct four-year revaluations through 2005. Mr. Jones explained the shorter cycle revaluations were necessary because of the following: • Rapid changes in the real estate market. Real estate values were increasing at a rate of 3-4% each year. Since all properties change value at different rates, revaluations are needed in a changing market to maintain equity. • To avoid equalization with Public Service Companies. Since Public Service Companies are valued annually, counties are required to maintain a sales ratio above 90% in order to fairly assess all properties equally. With properties changing more that 3% each year, it was very easy to drop below a 90% sales ratio if a shorter revaluation cycle was not followed. Mr. Jones recalled Person County’s 2009 revaluation was delayed until 2013 due to economic uncertainties in the real estate market. Mr. Jones noted the County’s next revaluation is currently scheduled for 2017 further noting Person County is experiencing very little change in value, and it appears that this will continue for many more months. 58 February 24, 2014 43 Mr. Jones stated since real estate values are basically stagnant (neither rising or declining), the County should consider conducting its next revaluation at eight years. By scheduling the next revaluation for 2021, Person County will: • Save the expenses of an extra revaluation cycle (approximate saving of $300,000). • Keep the current values until 2021. Unless the real estate market starts changing, the current values will remain accurate. Mr. Jones stated the tax office will continue to monitor the real estate market, and will alert the Board if the real estate market changes enough to indicate that a sooner revaluation is needed. If our sales ratio falls below 90% in either a 1st, 4th, or 7th year of the revaluation cycle, equalization will be applied to lower the tax liability of all Public Service Companies. Mr. Jones requested the Board to adopt a Resolution Rescinding the Advancement Date of a Reappraisal of Property in Person County. A motion was made by Commissioner Blalock, and carried 5-0 to adopt a Resolution Rescinding the Advancement Date of a Reappraisal of Property in Person County which would set the next scheduled reappraisal of January 1, 2021. Commissioner Puryear asked Mr. Jones about the bidding process for revaluation. Mr. Jones noted the revaluation process begins about two and one-half years before costing approximately $300,000-$350,000. Mr. Jones explained he has historically contracted with Pearson who has expertise in lake properties on a per day rate noting he has had a better product doing the work in-house. 59 February 24, 2014 44 60 February 24, 2014 45 PUBLIC SAFETY COMMUNICATION SYSTEM: Assistant County Manager, Sybil Tate reminded the Board a feasibility study to determine the total cost for the public safety and broadband project was funded in January. Ms. Tate said that Technology Systems Solutions (TSS Partners) has conducted the feasibility study and Mr. Frank Marum will present the final results of their research as well as answer questions about the public safety communication system. The Public Safety/Broad Feasibility Study for Person County follows: 61 February 24, 2014 46 62 February 24, 2014 47 63 February 24, 2014 48 64 February 24, 2014 49 65 February 24, 2014 50 66 February 24, 2014 51 67 February 24, 2014 52 68 February 24, 2014 53 69 February 24, 2014 54 70 February 24, 2014 55 71 February 24, 2014 56 72 February 24, 2014 57 73 February 24, 2014 58 74 February 24, 2014 59 75 February 24, 2014 60 Mr. Marum gave the group the following presentation: 76 February 24, 2014 61 77 February 24, 2014 62 78 February 24, 2014 63 79 February 24, 2014 64 80 February 24, 2014 65 81 February 24, 2014 66 82 February 24, 2014 67 Vice Chairman Jeffers requested more information for the costs to repair the current equipment deficiencies. Tommy Cole, Communications Director stated the age of the current towers with aging equipment coupled with the line of sight obstructions due to the current tower heights are lower than needed. Mr. Marum noted the appropriate tower height for a line of sight without obstruction should be 250-300 feet. Commissioner Newell questioned the timing of the environmental study as presented noting his desire to have the study completed prior to spending money. Mr. Marum stated the timeline presented is according to industry standard. The timeline indicated the public safety towers to be completed in 28 months and the broadband in 25 months. BROADBAND PROJECT: Assistant County Manager, Sybil Tate told the group that LightLeap by NC Wireless was the recommended vendor to provide broadband service to the unserved areas of Person County. Ms. Tate noted LightLeap would install its equipment on the towers that will be built as part of the public safety communication system. Ms. Tate introduced Mr. Joshua Strickland and Mr. Bill Shillito with LightLeap to present information about providing service to the unserved areas of Person County and answer questions about the proposed broadband system. Mr. Strickland gave the group the following presentation: 83 February 24, 2014 68 84 February 24, 2014 69 85 February 24, 2014 70 86 February 24, 2014 71 87 February 24, 2014 72 88 February 24, 2014 73 89 February 24, 2014 74 90 February 24, 2014 75 91 February 24, 2014 76 92 February 24, 2014 77 93 February 24, 2014 78 94 February 24, 2014 79 95 February 24, 2014 80 96 February 24, 2014 81 97 February 24, 2014 82 Commissioner Puryear spoke of two currently unserved locations in Person County that have advocated for broadband access: 1) Julian Oakley Road and 2) Mann Oakley Road. Vice Chairman Jeffers stated support of receiving more options for the existing locations that would be implemented in a quicker timeframe. Assistant County Manager, Sybil Tate stated she would obtain costs from LightLeap for placing equipment on existing water tanks, etc. Ms. Tate had two follow-up items in regard to the public safety and broadband projects: 1) FCC has requested expressions of interest to be filed from cities and counties interested in providing service to unserved rural areas noting providers and local government officials will submit a letter to the FCC; F CC will review various solutions and potentially choosing some for funding via a grant program. It was the consensus of the Board to grant approval for Ms. Tate to submit an expression of interest together with Granville County, as presented. 2) Financing options for the public safety and broadband projects may be available through the Piedmont Electric Membership Coop/USDA program which provides 0% interest over ten years. Ms. Tate noted there is a cap for funding at $2.36 million noting the public safety/broadband projects may be applied for two separate years to encompass the full financing required for the project. It was the consensus of the Board for the Finance Director to move forward with the application process. It was the consensus of the Board to defer two items to the next scheduled Board meeting on March 17, 2014: 1. Review of Board appointed Boards and Commissions 2. Boards and Committees Appointments 98 February 24, 2014 83 AN UPDATE AND REQUEST FOR THE PERSON COUNTY SENIOR CENTER BY THE KERR TAR COUNCIL OF GOVERNMENT: Diane Cox, Director of the Kerr-Tar Regional Council of Governments (COG) stated she and other Senior Center staff have looked at many possible temporary locations for the Person County Senior Center. Ms. Cox noted the best option identified is a combination of two locations that are geographically close together (clients could walk from one building to the other to participate in various programs). The two temporary locations are: 1) The Perfect Venue located on Long Avenue and behind the County Office Building has approximately 4,000 square feet---Site could accommodate a congregate nutrition site, space to package home delivered meals, a small fitness center, activities for small groups, reception area, office space that 2 people could share, some storage space for essentials. The site would also accommodate some of the community groups that use the Depot Street location. 2) Auditorium in the County Office Building could be used for exercise classes, line dance classes and some of the activities for larger groups. Ms. Cox stated the Senior Center staff would work closely with the County agencies in scheduling use of the site. There is also one small office that could be used at the County Office Building. Commissioners Puryear and Newell made contact with Amy Henderson, owner of the Perfect Venue regarding use as a temporary space for the Senior Center as the center prepared to move out of its city-owned Depot Street facility no later than March 21, 2014 due to recent structural analysis indicating problems with the building’s roof support system that would be a safety concern. Ms. Cox noted Ms. Henderson has set the lease of the building at $2,500/month, but is willing to rent at $1,700/month for a lease term of 12-months. As a non-profit corporation, Ms. Cox noted the COG would provide her with documentation for a tax deductible donation of $800 a month to make up the difference. Ms. Cox further noted that the Senior Center does not have a budget for payment of a monthly rental fee. Ms. Cox stated the COG has found funds totaling $500 per month that could be applied to the rent payments. Ms. Cox requested Board consideration to assist in the remaining portion of the monthly rent payment of $1,200 to lease the Perfect Venue noting she would be making the same request to the City of Roxboro. Ms. Cox told the Board that the COG and Senior Center are very grateful for the financial assistance provided by Person County noting those funds are allocated as the required match funds for the federal and state grants received to provide many services to the seniors in Person County. Ms. Cox reiterated that no services are intended to be cut or interrupted to the County’s most venerable seniors however without financial assistance from the county and city governments, some services may indeed be cut. Chairman Clayton pointed out that the County currently appropriates $100,000 in funding to Senior Center programming and the City of Roxboro historically provides the facility for those services. Ms. Cox noted that The Perfect Venue will not accommodate any additional storage for community organizations as done in the past at the Depot site. 99 February 24, 2014 84 Ms. Cox noted storage will be allowed to continue at the Depot site, however no occupancy until the needed structural repairs are completed. Commissioner Blalock stated the Workforce Development Center may be utilized in the future for possible exercise space. County Manager, Heidi York noted The Perfect Venue does not have adequate parking for all participants noting the County Office Building adjacent parking lots may be strained at times. A motion was made by Commissioner Puryear, and carried 5-0 to allocate $7,200 to the Person County Senior Center to be used to pay a portion of the rent ($600 per month for twelve months). Chairman Clayton announced a brief break at 12:49 pm. The meeting was reconvened at 12:54 pm. CHAIRMAN’S REPORT: Chairman Clayton noted the issue of environmental pollution related to the Dan River fly ash spill. Chairman Clayton further noted the moratorium of the mining of uranium in Virginia. Chairman Clayton stated had it been a uranium issue, water supply/bottle water would have been seriously affected. MANAGER’S REPORT: County Manager, Heidi York reported the following: • Airport Commission would be meeting on February 27, 2014 at 10:00 am at the Airport. • The Board has one regularly scheduled meeting on March 17, 2014 at 9:00 am in the County Auditorium noting this date is designated for Local Government Day. • The Helena Steering Committee will present its recommendations to the Board at the Board’s next scheduled meeting on March 17, 2014. • The Board of Commissioners and the Board of Education will meet jointly in the County Auditorium at 6:00 pm on March 24, 2014. 100 February 24, 2014 85 COMMISSIONER REPORT/COMMENTS: Commissioner Newell questioned who is at risk for the money spent with the architect for the proposed Recreational/Senior Center to be located at the Huck Sansbury site and the possibility of the having that money paid back. Chairman Clayton stated the Board would have to consult with the County Attorney. County Attorney, Ron Aycock stated the Board should discuss in Closed Session due to any potential for a lawsuit. Commissioner Puryear asked Mr. Aycock if he had reviewed the contract to which Mr. Aycock confirmed affirmatively. Commissioner Newell stated the Leggett building is a well-constructed 30,000 square ft. facility and the projection according to an email he saw recently is $1million to purchase and renovate for Senior Center uses. Commissioner Newell stated both the Leggett building and the Workforce Development Center could both be evaluated for Senior Center uses however the Leggett property could yield more for the investment at the same time taking revenue off the tax books. Commissioner Newell questioned the historical building code and how it would affect the current Depot Street site facility. Commissioner Blalock made the group aware of House Bill 74 noting the Mining and Energy Commission are in study mode and is rushing to approve the rules by October 2014. This timeline includes 60-days of public comment and public hearings with aggressive schedules posted. Commissioner Blalock stated waste management, enforcement, penalty, bonding; permit denial and baseline water testing have not been addressed. Commissioner Blalock noted that counties may be able to pass an ordinance by unanimous vote to be grandfathered before the rules are finalized. The proposed ordinance would outline no exploration nor production waste be allowed in Person County noting all counties are vulnerable for fracking and waste disposal at this time. Commissioner Blalock stated the possibility for such waste (drill cuttings, contaminated with chemicals/radioactive) could be brought to Person County’s solid waste landfill. The trend of the Mining and Energy Commission is to lessen mining regulations with more restrictions on the counties to inhibit their efforts. Commissioner Blalock requested Board action on the local level as well as at the state level by Chairman Clayton and Vice Chairman Jeffers. Commissioner Puryear noted he and Commissioner Newell toured the Leggett building along with other officials from the City and School Board noting his disappointment that the Board could not discuss a joint meeting with the City. Commissioner Puryear noted every commissioner has added an agenda item and it has been a courtesy to accept the addition of agenda items. Commissioner Puryear felt it to be disrespectful for a member of the Board not to be able to add an item to the agenda. Commissioner Puryear directed the Clerk to the Board to include on the next agenda an item to discuss a joint session meeting with the City of Roxboro. Commissioner Puryear added that his dialogue with the City of the Leggett ground level of the building to be used for the Senior Center and the top level a possibility for Early College with lottery funding used for the renovation noting the facility has endless possibilities for a win-win 101 February 24, 2014 86 for the County, the City, as well as enhance the beauty of Uptown Roxboro and it is a part of the Future’s project, and a convenient location with close proximity to drug stores. Commissioner Puryear stated before any price is negotiated, the Board should meet with the City and work in partnership. Commissioner Puryear asked the County Manager about the Code Red test. County Manager, Heidi York stated citizens are encouraged to sign up for emergency notifications and the test went smoothly. Commissioner Puryear asked Chairman Clayton if he and Vice Chairman Jeffers had a meeting with Tommy Wagstaff and if it was county business, what was discussed. Vice Chairman Jeffers reminded Commissioner Puryear that he told the County Manager that she works for the entire Board noting he nor Commissioner Newell or the County Manager were authorized to represent the County during their visit to the Ruffin Woody building, further noting the full Board of Commissioners was not invited. Commissioner Puryear stated he and Commissioner Newell are excluded on emails and he did inform the newspaper and the County Manager send out an email about the tour. Vice Chairman Jeffers noted when there is a quorum (three commissioners) there is a public meeting which requires public notice/advertisement and that was not done for the Leggett tour further noting there was no invitation email or a call to invite him to the tour. Vice Chairman Jeffers stated he did not have to explain to anyone when he meets with someone on his private time and he was not representing the County when he met with Tommy Wagstaff. Vice Chairman Jeffers asked Commissioner Puryear if he was representing the County when he talked to Ruffin Woody, or his son-in-law involved with the tour of the Leggett building related to a possible price. Commissioner Puryear stated he was not authorized to represent the County but he felt the County needed a plan noting there was no plan in place. Vice Chairman Jeffers stated there is a plan to have the Senior Center at the Huck Sansbury site with the site plan ready. CLOSED SESSION #1: A motion was made by Vice Chairman Jeffers, and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property at 1:11 pm with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, General Services Director, Ray Foushee, Person Industries Director, Wanda Rogers and Person Industries Assistant Director, Becky Clayton. A motion was made by Commissioner Blalock, and carried 5-0 to return to open session at 1:21 pm. 102 February 24, 2014 87 Chairman Clayton stated the Board reviewed in Closed Session the acquisition of property owned by Tommy Wagstaff currently used for the Person County Recycling Center. Chairman Clayton called for a motion related to the Offer to Purchase and Contract Agreement between Wagstaff Associates and Person County for 5.30 acres located at 711 Leasburg Road, Roxboro, (Tax Record 27317) at the purchase price of $850,000 ($20,000 due diligence fee at effective date with $830,000 due on settlement) to be paid from the County Fund Balance. A motion was made by Commissioner Blalock, and carried 3-2 to approve the Offer to Purchase and Contract Agreement between Wagstaff Associates and Person County for 5.30 acres located at 711 Leasburg Road, Roxboro, (Tax Record 27317) at the purchase price of $850,000 ($20,000 due diligence fee at effective date with $830,000 due on settlement) to be paid from the County Fund Balance. Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voted in support of the motion. Commissioners Puryear and Newell voted in opposition to the motion. Commissioner Puryear voiced his opposition to the motion noting the County had the opportunity to buy the same property at a much lower cost last fall when the Board was focused on the Bromma property. Vice Chairman Jeffers clarified the County was under a purchase agreement at the same time the lower price was extended to the County. Commissioner Puryear added that County was not bound to that contact and could negotiate other contract(s) as pointed out by Mr. Wagstaff’s attorney. Chairman Clayton stated the County could not take advantage of the lower price which had an expiration date during the same time the County was in process with the Bromma contract. Commissioner Newell noted the per capita income information for the last eight to ten years that the Board received from the County Manager indicated the per capita income is the same if not lower. Commissioner Newell stated the County averages spending $600,000 annually on Person Industries and Recycling and the income is not rising to justify the additional expenses. Commissioner Newell proposed to close both Person Industries (PI) and the Recycling Center noting the County is not required by law to have these services. Commissioner Blalock countered with information related to services the County provides that do not have revenues, i.e. Dept. of Social Services $72 million in 2010- 2011, Public Safety, Court System. Commissioner Blalock requested the budget include revenues for each line beside expenditures for every department. Commissioner Blalock stated the County provides services and jobs. Commissioner Newell asked Wanda Rogers, Director of PI how people with disabilities are paid. Ms. Rogers stated some people with disabilities receive Supplemental Security Income (SSI) and are paid on the job per a production contract. Commissioner Newell asked Ms. Rogers if those jobs did not exist would the people with disabilities starve noting they will get some type of income by the state. Ms. Rogers stated people with disabilities have a right to have 103 February 24, 2014 88 meaningful work to which Commissioner Newell agreed. Ms. Rogers could not confirm if the jobs did not exist that the people with disabilities would starve but confirmed that some individuals live in substandard situations. Ms. Rogers recalled success stories for people with disabilities to moving from destitute environments to group homes, etc. Chairman Clayton, the commissioner representative on the Orange-Person- Chatham (OPC) Board, stated Person County took on PI from OPC due to state mental health reform. Chairman Clayton noted people with disabilities may draw a check however if they do not have a job, a certain percentage of them will get into trouble which will affect county services through jail or a mental facility. Chairman Clayton allowed Ms. Rogers the opportunity to further comment. Ms. Rogers stated when the County took on PI in 2006-2007, they held a great manufacturing contract at the time and the County paid at $94,000 annually. Ms. Rogers noted PI’s goal is and has been to be as self-sufficient as possible. Ms. Rogers further noted the great manufacturing contract was lost to China and recycling was presented and needed in the County so they took that step to service. Ms. Rogers said as the County contribution has increased through the years however, equipment costs are being paid for and that will bring down the County contribution. Ms. Rogers stated the consolidation of PI and Recycling into one facility will increase efficiencies and lower costs. Vice Chairman Jeffers stated his support for the services to the citizens that pay taxes noting he has not heard any complaints or concerns that PI and Recycling should not be continued. Commissioner Newell guessed that 95% of the population does not have any idea what the County spends on these services. Chairman Clayton stated the intention is to finance the costs of purchase of the project to replenish the County Fund Balance for the purchase amount. County Manager, Heidi York noted a Reimbursement Resolution will be before the Board for approval within 60 days. CLOSED SESSION #2: A motion was made by Vice Chairman Jeffers, and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(2) to consult with the County Attorney to preserve attorney-client privilege at 1:37 pm with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistant County Manager, Sybil Tate. A motion was made by Commissioner Blalock, and carried 5-0 to return to open session at 1:57 pm. 104 February 24, 2014 89 A motion was made by Vice Chairman Jeffers, and carried 3-2 to instruct the County Manager to advertise for a County Planning Director with duties to include stormwater administration as well as for the County Manager to inform the City of Roxboro of the Board’s action and to confirm the County will continue to provide office space for current City paid Planning Director in Person County’s building and that the current Planning Director will no longer have direct responsibilities for the County. Chairman Clayton, Vice Chairman Jeffers and Commissioner Blalock voted in support of the motion. Commissioners Puryear and Newell voted in opposition to the motion. Commissioner Puryear stated this action is a setback for City-County relations and noted his opposition to the motion. Vice Chairman Jeffers stated this opportunity to bring stormwater duties in-house will give county citizens under the stormwater ordinance the ability to contact a county staff at the same time maintaining the one-stop shop to provide office space for the City Planning Director plus two jobs implemented with one employee versus having three staff. Commissioner Blalock noted the Board’s desire to bring stormwater duties in- house for better control. CLOSED SESSION #3: A motion was made by Commissioner Newell, and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(2) to consult with the County Attorney to preserve attorney-client privilege at 2:00 pm with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistant County Manager, Sybil Tate. A motion was made by Commissioner Blalock, and carried 5-0 to return to open session at 2:10 pm. Commissioner Blalock reminded the Board that text messages related to county business are public record noting her opinion that texting during public meetings is a disservice to the public. 105 February 24, 2014 90 ADJOURNMENT: A motion was made by Commissioner Newell, and carried 5-0 to adjourn the meeting at 2:12 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 106 March 17, 2014 1 PERSON COUNTY BOARD OF COMMISSIONERS MARCH 17, 2014 MEMBERS PRESENT OTHERS PRESENT March 17, 2014 2 108 March 17, 2014 3 INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Mr. John Hill, Director of the Arts, Parks and Recreation Department took the opportunity to recognize two groups of athletes. Mr. Hill stated Person County recently hosted the youth state basketball tournament. Mr. Hill congratulated the Person County 10 and under youth girls’ basketball team coached by Will Dunkley and Terell Holloway as the state champs by winning five games. Team members include Karter Hawkins, Jewell Holloway, Madison Dunkley, Skylah Parker, Aaliyah Jones, Talecia Farrah, Lillie Mac Davis, Mariah McCowan, Asheton Evans, and Jakeya Paylor. In addition, Mr. Hill congratulated the Person County Special Olympics team members playing basketball in Johnston County. Person County’s 5-on-5 team coached by Craig Watson won a gold medal. Gold medalist team members include Sean Allen, Marquis Bailey, Casey Collins, Fred Hester, Jermaine Long, Tony Wade and Dillion Watson. Person County’s 3-on-3 team coached by Angela Winstead received a silver medal. Silver medalist team members include Carl Buehler, Edward Davis, McArthur Edwards, Joshua Harris, Alvin Watkins, and Bobby Winstead. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the Consent Agenda with the following items: A. Tax Adjustments for the month of February 2014 1. February 2014 tax releases 2. February 2014 NC Vehicle Tax System pending refunds UNFINISHED BUSINESS: REVIEW OF BOARD APPOINTED BOARDS AND COMMISSIONS: County Manager, Heidi York recalled at the Board’s January 6, 2014 meeting, two new commissions were created: the Youth Council and the Environmental Issues Advisory Committee noting that during the Board’s discussion, the manager was directed to review all of the Board’s appointed boards and commissions to determine whether there might be an opportunity to reduce the number of boards and commissions particularly if they are inactive. Ms. York stated there are approximately 40 boards and commissions that the Board actively participates or makes appointment. Ms. York stated the boards, committees, commissions that are not active and could be considered for elimination include: • Mayo Lake Advisory Committee • Roxboro/Person County Human Relations Commission • E-911 Committee • Mentors Advisory Board • Roxboro-Person County Economic Development • Solid Waste Advisory Committee 109 March 17, 2014 4 A motion was made by Vice Chairman Jeffers, and carried 5-0 to remove (deactivate) from the roster at this time the following: Mayo Lake Advisory Committee, E-911 Committee, Mentors Advisory Board, Roxboro-Person County Economic Development and the Solid Waste Advisory Committee. Ms. York stated the two newest commissions (Youth Council & Environment Issues Advisory Board) require the Board to decide on the appointment process, term limits, frequency of meetings and the charge for the work of the committees. Ms. York provided the following description for a charge for each. -Youth Council: to involve and engage youth in local government activities and decision making, while training future community leaders. -Environmental Issues Advisory Committee: to protect air, soil, and water resources in Person County Vice Chairman Jeffers and Commissioner Puryear, both volunteering to serve on the Youth Council noted they would work together on developing an application process to engage students from the local high schools and other at-large members as well as other official community leaders to participate to bring back to the Board of Commissioners at its second meeting in April for consideration. Commissioner Blalock stated citizens interested in the Person County Environmental Issues Committee must have a desire to protect Person County’s environment and be willing to talk to the citizens within their township as well as visually survey their township and report their findings to the environmental group. As originally approved, there will be an opportunity for each township within the County to be represented. Commissioner Blalock requested the Clerk to the Board, Brenda Reaves to proceed with advertising with the interested citizen’s applications to be brought before the Board for consideration. BOARDS AND COMMITTEES APPOINTMENTS: Clerk to the Board, Brenda Reaves presented interested citizens’ applications for Board consideration for appointment related to current vacancies on county boards and committees. The highlighted boards denote a competitive board and are eligible for the informal interview process if the Board so desires. Ms. Reaves asked the Board to direct the Clerk to organize and inform the applicant(s) of the informal interview date as set by the Board or consider waiving the process. Ms. Reaves asked the Board to nominate the applicants for appointment, if appropriate. 110 March 17, 2014 5 A Animal Services Advisory Committee Unspecified Term: Animal Protection Services President designated seat 1) Cheryl Peters (current President for APS) requested appointment A motion was made by Commissioner Puryear, and carried 5-0 to appoint Cheryl Peters to the Animal Services Advisory Committee in her capacity to represent as the President of Animal Protection Services. Commissioner Puryear requested the County Manager to contact the City Manager related to the designated seat on the Animal Services Advisory Committee to find out if the City intends to have representation or if the seat is vacated that the committee may recommend appointment to fill with another representation. B Board of Adjustment 3-Year Term: 1 position for an alternate – no applications received. Ms. Reaves brought to the Board of Commissioners’ attention the memo included the Board packet from the Board of Adjustment at their February 5, 2014 meeting requesting the Board of Commissioners (via memo from Planning staff) to appoint an alternate member noting the approval of a variance requests requires four affirmatives votes and the Board of Adjustment is operating with five members. The Board of Commissioners took the information under advisement. C Home Health and Hospice Advisory Committee 3-Year Term: 1 position representing the hospital (Person Memorial Hospital) 1) Pamela West Williams (employee at PMH) requested appointment Ms. Reaves stated this position has been vacant since December 2012. A motion was made by Vice Chairman Jeffers, and carried 5-0 to appoint Pamela West Williams to the Home Health and Hospice Advisory Committee to serve as the local hospital representative for a 3-year term. D Mayo Lake Advisory Committee 2-Year Term; 3 positions available 1) Charles Sever requested appointment The Board of Commissioners took action to deactivate the Mayo Lake Advisory Committee this date therefore the Clerk to the Board will provide notice of such action to the applicant. 111 March 17, 2014 6 E OPC Community Operations Center Advisory Board representing Person County Unexpired term to 6/30/15: 1 position available 1) Janet Sowers requested appointment Duties: Provide input related to the available resources for Mental Health, Developmental Disabilities and Substance Abuse Treatment Services for people of all ages to eliminate reduce or prevent the disabling effects of mental illness. This Board meets in Chapel Hill every second Monday of each month from 7:00 – 9:00 pm. It was the consensus of the Board to hold consideration of appointment to the OPC Board to a later date at the request of Chairman Clayton. F Planning Board 1 position available for a 3-Year Term and 1 position with an unexpired term to 6/30/15 1) Lynn Jones requested appointment Ms. Reaves brought to the attention of the Board of Commissioners the memo in the Board packet from the Planning Department requesting the Board to appoint two members to fill the current two vacancies or consider as an alternative to reduce the Planning Board from seven to five members. It was the consensus of the Board of Commissioners to hold the informal interview process and to direct the Clerk to the Board to inform the applicant, Lynn Jones. The informal interview process was scheduled by the Board of Commissioners to be held at 6:30 pm on April 7, 2014. G Roxboro/Person County Human Relations Commission 3-Year Term; 4 positions available for county residents (all county seats are vacant) 1) Robert Bridges requested appointment The Board of Commissioners took action to deactivate the Roxboro/Person County Human Relations Commission this date therefore the Clerk to the Board will provide notice of such action to the applicant. 112 March 17, 2014 7 NEW BUSINESS: SUMMARY OF MEETING WITH FORMER CONGRESSMAN BRAD MILLER: Commissioner Blalock informed the group that former Congressman Brad Miller requested a meeting through the Mayor of Yanceyville to come to Roxboro on Wednesday, March 5th to meet with those working on the Dan River intake project. Commissioner Blalock noted this was concerning the recent coal ash spill and some actions former Congressman Brad Miller is planning to take to hold Duke Energy accountable for this spill and its potential contamination of a drinking water source. Commissioner Blalock stated the meeting was held in the City Council Room with Brad Miller with representatives from Yanceyville, Roxboro, and Person County. Mayor Newell, Commissioner Blalock, and staff were present for the City of Roxboro and Person County. The general discussion was initiated by Mr. Miller and his intent is to hold Duke Energy to cleaning up the spill without passing the expense on to customers. Commissioner Blalock recommended to the Board that a joint meeting with the City of Roxboro is warranted to further discuss the Dan River project and the affects projected by environment experts and Tanya Evans, District Manager with Duke Energy. Vice Chairman Jeffers suggested the Board tour the Duke Energy sites. Commissioner Blalock requested the Boards’ permission to attend a conference in Raleigh related to environmental pollutants noting she would report back to the Board with information learned. Chairman Clayton stated Commissioner Blalock did not need the Board’s permission and if she was willing to attend and bring back information, they would happy for her to do that. Commissioner Puryear stated Duke Energy is the largest employer in Person County bringing one-third of the tax revenue that he advocated for the Board to focus on the facts. Vice Chairman Jeffers agreed with Commissioner Puryear noting the County needs to know the facts and the locations of the ash ponds within the County. Commissioner Newell added that all information is needed as the County considers laying pipe to draw water from the Dan River. Chairman Clayton asked the County Manager to contact the City Manager and Duke Energy for potential meeting dates for a special joint meeting. 113 March 17, 2014 8 REPORT AND RECOMMENDATIONS FROM THE HELENA STEERING COMMITTEE: County Manager, Heidi York told the Board that Dr. Walter Bartlett, Piedmont Community College (PCC) would present the report and recommendation from the Helena Steering Committee. In August 2013, the Board of Commissioners authorized a Helena Steering Committee to study and develop recommendations for the future use of the Former Helena School Property. These recommendations were to also include community input into this important planning process. The Steering Committee has met bi-weekly since September. The Steering Committee has created a webpage and media releases, conducted a successful community survey, developed a speaking series, and held a community forum, in an effort to seek community feedback and input. Members of the Steering Committee included: Dr. Walter Bartlett, PCC President Mike Dossett, PCC Jim Thomasson, citizen Paul Hair, citizen Sharon Slaughter, citizen Phil Jackson, citizen Cathy Klovski, citizen Chairman Jimmy Clayton Commissioner Frances Blalock Board of Education Member Margaret Bradsher Heidi York, County Manager John Hill, Recreation, Arts, & Parks Director Erin Hill, Director of the Cultural Arts Program at the Kirby Ray Foushee, General Services Director Christy Bondy, Library Director The Committee has completed their objective to develop recommendations and solicit community input and are ready to present the committee’s recommendations outlining the next steps in moving this project forward. Dr. Bartlett provided the following presentation: 114 March 17, 2014 9 115 March 17, 2014 10 116 March 17, 2014 11 117 March 17, 2014 12 118 March 17, 2014 13 119 March 17, 2014 14 120 March 17, 2014 15 Dr. Bartlett stated the proposed Enhanced Early College is a public school and would be treated as such through the school system noting funding would be through the state with ADM funds and potential grants. Dr. Bartlett stated the leadership team would gather information from the other 71 counties that have implemented such a program and actively seek and identify the students that would receive the most benefits through teacher referrals and testing results. 121 March 17, 2014 16 At this time in the Board meeting, Commissioner Blalock requested Board action to excuse her at 9:55 am for the remainder of the meeting. A motion was made by Commissioner Newell and carried to 4-0 to excuse Commissioner Blalock from the remainder of the meeting as requested. Vice Chairman Jeffers suggested, as an option for consideration, a special election for the voters to voice opinion of a quarter-cents sales tax as a possible funding source for the proposed Enhanced Early College at the former Helena School site. It was the consensus of the Board to authorize an Educational Leadership Team to continue the next steps, as presented. Chairman Clayton suggested a tour of an implemented Enhanced Early College to be very helpful at this point in the project. Vice Chairman Jeffers announced a NACo grants clearinghouse website for NACo members that will assist in finding appropriate federal, state and corporate grants. KIRBY CULTURAL ARTS COMPLEX REQUEST FOR ADDITIONAL SOUND EQUIPMENT UPGRADES: Arts, Parks & Recreation Director, John Hill told the group that on December 6 & 7, 2013, the Person County Arts Council, Fabulous Feet and Christi’s Dance Studio presented ‘Dancin’ through the Holidays’. This show came about after discussion between the three groups about the state of the sound equipment in the Kirby Cultural Arts Complex. The Dance Studios worked for several months and put many hours of time into developing the program that was presented in December. The shows served as a fundraiser for the Person County Arts Council with the intent to put the money toward the Kirby Sound Equipment that can be used by the dance studios, Arts Council and any other renters of the facility. There were 355 people in attendance and $4,510 was raised. County Manager, Heidi York noted in Fiscal Year 2012-2013 the County spent over $17,000 to upgrade the sound equipment at the Kirby. Additional Kirby upgrades proposed include $17,000 during Fiscal Year 2013-2014 for carpeting; and in Fiscal Year 2014-2015 budgeted funds include $75,000 for new chairs and $335,562 for a new roof. Mr. Hill introduced Mr. Michael Slaughter, an Arts Council representative to further describe the equipment and pricing for the additional sound equipment upgrades. Mr. Slaughter stated a total of $27,375 is needed to upgrade sound equipment and add sound paneling to the facility. Taking into account the $4,510 raised in December, the county allocation requested is $22,865. Mr. Slaughter noted the $17,000 in Fiscal Year 2012-2013 was expended to replace four wireless headsets with $10,000 to replace the main speaker system. The new request for additional sound equipment will be to order build-to acoustic treatment for the facility and the replace four additional headsets. 122 March 17, 2014 17 A motion was made by Commissioner Puryear and carried 4-0 to budget in the Fiscal Year 2014-2015 budget $22,865 for the additional sound equipment for the Kirby as presented. DISCUSSION FOR A JOINT MEETING WITH THE CITY OF ROXBORO: Commissioner Puryear requested Board consideration for scheduling a special joint session with the City of Roxboro related to planning together for the Senior Center. It was the consensus of the Board to direct the County Manager to contact the City Manager for a possible April 2014 joint meeting. AMENDMENT TO THE LEASE AND FIXED BASED OPERATOR AGREEMENT AT THE PERSON COUNTY AIRPORT: County Manager, Heidi York reminded the Board that in May 2012, Person County amended the Lease and Fixed Base Operator Agreement with Red Mountain Aviation to provide financial assistance during the struggling economy. Red Mountain Aviation has served as the Fixed Base Operator for Person County Airport since March 1, 2009. The Board of County Commissioners, working through the recommendation from the Person County Airport Commission, granted two, one-year amendments to the Lease and Fixed Base Operator Agreement. The amendment provided the following concessions: Person County assumed responsibility for all utilities (approximately $19,000 annually) Person County assumed the Airport’s general liability insurance (approximately $6,000 annually) Restructured the fuel flowage fee to a flat 6 cents per gallon rather than a tiered fee structure Person County waived one month’s rental payment ($7,719) Ms. York stated the estimated value of these concessions is approximately $33,000. Ms. York told the Board that rather than continuing to provide one year extensions, the Airport Commission requests that this Amendment be extended through the duration of the Lease and Agreement, expiring February 2019. Vice Chairman Jeffers asked if the Airport Commission has considered adding more hangers as a revenue source. Ms. York noted the Airport Commission has a capital improvement plan request for additional hangers at an estimated cost of $800,000 to replicate the same sized facility. It was not known what the return on investment would be compared to cost. Vice Chairman Jeffers advocated for more marketing of the airport to enhance the potential for increased revenues. A motion was made by Commissioner Newell and carried 4-0 to extend the Amendment to the Lease and Fixed Based Operator Agreement at the Person County Airport through the duration of the Lease and Agreement which expires February 2019 as recommended by the Airport Commission. 123 March 17, 2014 18 PUBLIC SAFETY COMMUNICATION SYSTEM ALTERNATIVES: Assistant County Manager, Sybil Tate and Emergency Services Director, Wes Lail presented to the Board the County’s existing system deficiencies: • No pager coverage near county borders, • VFD communication is unreliable, • Talking back on hand-held radios is unreliable, • In-building coverage does not exist, • Existing system does not meet public safety specifications and will likely fail during a disaster, and • Current system also has no redundancy (i.e. if the Piedmont Communication tower is disabled during an emergency, there will be no communication). 124 March 17, 2014 19 Mr. Lail along with Mr. Brett Wrenn, Communications Shift Supervisor presented information about the Simulcast system, its features and the system technology the surrounding counties have in place. See chart below. Mr. Lail described the equipment public safety personnel use for transmitting and receiving information: 1) pagers used by fire and EMS personnel that receive alerts only, 2) walkies (portables) as well as mobile radio fixed in vehicles used by fire, EMS and Sheriff’s Dept. that alert, receive and transmit information. A short audio recording was played for the group as a demonstration of an actual event noting the difficulty in transmitting and receiving information. 125 March 17, 2014 20 Mr. Lail stated the VIPER system is designed for highway use inoperability across the state noting the VIPER system has different equipment and does not transmit well inside buildings/structures. Mr. Lail and Sheriff Dewey Jones, present in the audience, stated the committee’s (on behalf of Person County Public Safety) preference is the VHF Simulcast System with the proposed four 300 ft. towers (in addition to Hill Street Tower) to achieve 95% coverage area. Ms. Tate stated the Board had asked staff to investigate less expensive alternatives to the proposed 4-tower Simulcast system estimated at $4.17M. Below are the options: OPTION #1: Maintain existing system Staff can continue to use the existing public safety communication system. The Board allocated $12,000 to fix the existing communication system earlier this year. These repairs will only improve communication between responders and 911, but will not improve pager communications or improve transmissions from 911 to responders. OPTION #2: Construct a 4-tower Simulcast system Construct 4 towers (Bushy Fork, Bethel Hill, Mt. Tirzah and Woodland) = $2.4M ($600,000 per tower) Radio Equipment = $1.65M Radio Consultant = $120,000 TOTAL: $4.17M (Provides 95% coverage) OPTION #3: Construct a 3-tower Simulcast system Construct 3 towers (Bushy Fork, Bethel Hill, Mt. Tirzah) = $1.8M ($600,000 per tower) Radio Equipment = $1.39M Radio Consultant = $105,000 TOTAL: $3.295M (Provides approximately 80% coverage) 126 March 17, 2014 21 127 March 17, 2014 22 OPTION #4: Construct a 2-tower Simulcast system Construct 2 towers (Bushy Fork or Mt. Tirzah, Bethel Hill) = $1.2M ($600,000 per tower) Radio Equipment = $1.13M Radio Consultant = $95,000 TOTAL: $2.425M 128 March 17, 2014 23 The consultant, Mr. Frank Marum of Technology Systems Solutions (TSS Partners), stated he has broken down the cost of the towers further and moved the environmental study forward on the timeline as suggested by the Board in the revised feasibility study. 129 March 17, 2014 24 130 March 17, 2014 25 131 March 17, 2014 26 132 March 17, 2014 27 133 March 17, 2014 28 134 March 17, 2014 29 135 March 17, 2014 30 March 17, 2014 31 137 March 17, 2014 32 138 March 17, 2014 33 139 March 17, 2014 34 140 March 17, 2014 35 141 March 17, 2014 36 142 March 17, 2014 37 143 March 17, 2014 38 Mr. Marum spoke of the Person County topography and the flat elevation that validates the proposed height of 300 ft. for the towers to ensure optimal line of sight for increased coverage area. Mr. Lail and Mr. Wrenn addressed the Board on the current infrastructure being inadequate noting the equipment is not licensed public safety equipment, outdated noting technology improves constantly as well as the current structures do not have shelters, backup generators, etc. Vice Chairman Jeffers requested staff to contact Avery County to find out their broadband vendor and process for a shorter-term fix. Ms. Tate stated she would contact Avery County. The estimated costs for the public safety, as reflected in the revised feasibility study are $4,170,000 and the cost estimated costs for broadband is $173,785. County Manager, Heidi York noted the need for the Board to hold a work session for capital projects. Ms. York further noted the public safety project could be phased with two towers completed over two fiscal years. Ms. York told the Board that the County has a threshold to which financing is an option noting more information to be shared at the CIP work session. CHAIRMAN’S REPORT: Chairman Clayton had no report. MANAGER’S REPORT: County Manager, Heidi York announced the following meetings: • The EDC/PCBIC will be meeting on Thursday, March 20, 2014 at 8:00 am in the Tax Office conference room, • On March 24, 2014, the Board will have a Capital Improvement Plan work session at 5:00 pm, with a 6:00 pm joint meeting with the Board of Education following in the County Auditorium. 144 March 17, 2014 39 COMMISSIONER REPORT/COMMENTS: There was no report from Commissioners Newell and Puryear. Vice Chairman Jeffers reported the following: • NACo grants clearinghouse, a website for NACo members, • NC Association of County Commissioners (NCACC) Board of Directors voted to lower the dues for all counties for the sixth year in a row, • As President of the NCACC, he is looking at economic development across the state as a top initiative, therefore the NCACC is putting on a first ever economic development symposium with Charles Hayes as the keynote speaker April 20-30, 2014, • Representative Holloway, Chair of the Appropriation Committee, from the Wilkes/Stokes County area will very likely introduce a bill during the short legislative session to reinstate the counties 40% of lottery funding for capital projects. Vice Chairman Jeffers explained counties were told by the lottery commission that counties would receive 40% for capital needs; however, counties have never received that 40% funding with action by the General Assembly last year to remove the language from the law as a measure to save 40%, and • Asked for any community church or group that could allow a MS Support Group that meets monthly a space noting they were meeting at the Senior Center Depot site. CLOSED SESSION: A motion was made by Vice Chairman Jeffers, and carried 4-0 to enter into Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real property at 11:28 am with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, and Assistant County Manager, Sybil Tate. A motion was made by Commissioner Puryear and carried 4-0 to return to open session at 11:34 am. 145 March 17, 2014 40 RECESS: A motion was made by Vice Chairman Jeffers, and carried 4-0 to recess the meeting at 11:35 am until 5:00 pm on March 24, 2014. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 146 Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 29,896 Public Safety 10,461 Human Services 3,407 Economic and Physical Development (32,337) Culture and Recreation 4,401 Contingency (20,000) REVENUES General Fund Intergovernmental 912 Charges for Services 6,429 Other Revenues (9,250) Fund Balance Appropriation (2,263) Explanation: BUDGET AMENDMENT Receipt of Federal Inmate Funds to be used for Jail Supplies ($912); receipt of jail fees ($6,684) and sales of inmate phone cards ($1,067); receipt of judicial transport reimbursement ($1,015) ; receipt of donation for Drug Court ($2,000); reduction of Farmers Market Dues and related expenditures (-$2,337); reduction of Unified Development Ordinance revenue from City of Roxboro (-$15,000), matching fund balance appropriation from County (-$15,000) and related Planning expenditure to reflect contract termination; receipt of grant for Recreation, Arts and Parks ($3,750); transfer of tax and tag expenditures from General Services budget to Animal Services, Recreation, and Environmental Health ($2,841); appropriation of fund balance for Senior Center rent for April, May and June 2014 ($1,800); transfer of undesignated contingency funds to IT fund for first payment of new telephone system ($20,000); fund balance appropriation for Register of Deeds Director's salary increase granted by Board in July 2013 ($10,937). Budget Amendment 12147 Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 37,210 Public Safety 76,563 Transportation 7,229 Economic and Physical Development 7,250 Enviromental Protection 1,035 Culture and Recreation 12,375 Human Services 91,760 Transfers to Other Funds 18,771 REVENUES General Fund Fund Balance Appropriation 252,193 EXPENDITURES General Fund Person Industries 15,350 PI-Material Recycling Center 3,421 REVENUES General Fund Transfers from General fund 18,771 Explanation: BUDGET AMENDMENT To appropriate a portion of the fund balance total that was assigned by the Board in FY 13 from remaining lapse salary expenditures to fund merit pay in FY 14 ($252,193). Budget Amendment 13148 149 150 151 AGENDA ABSTRACT Meeting Date: April 7, 2014 Agenda Title: Summary of Information on the Coal Ash Spill in the Dan River Summary of Information: Commissioner Blalock has requested to provide an update to the Board on the coal ash spill into the Dan River. She will provide a summary of information that she received in Raleigh to share with the Board. Recommended Action: Receive the information Submitted By: Commissioner Blalock 152 COAL ASH DISPOSITION The Alternative for North Carolina Technical Report No. 14-083 March 24, 2014 Louis A. Zeller www.BREDL.org PO Box 88 Glendale Springs, North Carolina 28629 BREDL@skybest.com (336) 982-2691 Esse quam videri 153 page 2 Blue Ridge Environmental Defense League Preface Shortly after the coal ash dump discharge into the Dan River on February 2, 2014, more than a few elected officials and advocacy groups began calling for removal of the ash from plant sites to double-lined landfills. However, present solid waste landfills were never designed for the hazards presented by coal ash and are not suitable. Municipal solid waste is a mixture of household garbage and commercial waste, and presently permitted landfills do a poor job of coping with these materials, let alone waste which presents special hazards. Coal ash is the toxic residue left after combustion in a power plant. Coal ash presents special problems because of its toxic nature and requires a specialized solution to prevent the spread of toxic heavy metals and other compounds into the air, soil and water. Recognizing this, and in consultation with our members living downstream from the spill and near solid waste dumps, the Blue Ridge Environmental Defense League set out to find a solution to the immediate problem of what to do with coal ash from Duke Energy’s Dan River power plant and, ultimately, thirteen other coal- fired power plants with ash dumps extending across North Carolina from the mountains to the coast. As a first step, based on the principles of fairness, equity and environmental justice, the Blue Ridge Environmental Defense League Board of Directors Executive Committee on March 14, 2014 adopted the following resolution: RESOLVED: That no coal ash waste should be transferred from power plant sites to solid waste landfills. FURTHER BE IT RESOLVED: That storage of coal ash by electric power plant operators should be done at plant sites but in a manner which would isolate it from surface water, groundwater and airborne dispersion. With this sound footing, the League authorized this report for the purpose of educating elected officials and other decision makers, the news media and other opinion leaders, and advocacy groups and the general public. It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way... Charles Dickens, A Tale of Two Cities 154 Technical Report 14-083 page 3 Table of Contents Page Executive Summary 4 Hazards of Coal Ash 5 Coal Ash Cleanup: A Tale of Two Cities 7 Eden, North Carolina: In Harm’s Way 10 Landfills Are Not Acceptable for Coal Ash 11 The National Picture 15 The Alternative for North Carolina 16 Appendix A: EPRI List of Coal Ash Toxics Appendix B: In Harm’s Way–Dan River Steam Station 155 page 4 Blue Ridge Environmental Defense League Executive Summary Fly ash is the dry residue from burning of coal captured by the pollution control devices. Bottom ash is the residue which collects in the bottom of the boiler during the coal burning process. Both types of ash are laced with toxic elements, including arsenic, chromium, lead, selenium and mercury. Also, radioactive strontium and uranium remain after the burning process and are concentrated in the ash. During the early 1990’s, implementation of the new Subtitle D regulations prompted widespread closure of traditional unlined landfills and a flurry of new double-lined landfills relying on a layer of clay and a layer of plastic. The double liners were thought to provide protection from contamination of groundwater. However, the fatal flaw of solid waste landfills is that they are subject to natural forces which make leakage and contamination inevitable. Assurances by solid waste landfill regulators and commercial companies that waste is safely contained and managed by a double-lined landfill are false. Impartial experts agree that liner failure is inevitable, regardless of the liner type. That all liners will eventually fail is not in dispute. The only question is: How long will it take? The inherent injustice of transporting toxic waste from a power plant site to a waste dump is currently the subject of a Civil Rights lawsuit. The solution to the coal ash problem cannot be the transfer of liability from the generator of the waste to the public. Nor can it be the infringement of community well-being. Getting coal ash out of the impoundments near rivers and lakes must be done as rapidly as possible but to a more secure site within the power plant operators’ responsibility. A study by the Electric Power Research Institute confirms that combustion of coal tends to concentrate many toxic elements in the bottom and fly ash. High levels of toxic and radioactive elements in coal ash make the deposition of the ash on cropland, roads, airport runways and other methods unacceptable. Needless and life-threatening contamination of the environment would be the result. Therefore, these methods are also unacceptable ways of dealing with the coal ash problem. As an alternative, we propose that the ash be stored by the power plant operators onsite but in a manner which would isolate it from surface water, groundwater and the air. One method involves the use of cylindrical concrete tanks. Such concrete vaults are used commercially for waste sludge and liquids. The mixture includes cement, fly ash, and slag which is put into the concrete vaults where it hardens. Such vaults may be as large as 120,000 square feet, approximately two football fields in size. They are modular, allowing for expansion as the need arises. The Blue Ridge Environmental Defense League opposes the transfer the coal ash pollution problem from the private power company to municipal landfills, affecting communities already exposed to the risk of contamination caused by waste dumping. Blue Ridge Environmental 156 Technical Report 14-083 page 5 Defense League policy calls for the closing of such landfills, and the promotion of Zero Waste. Dumping ash in landfills would prolong the mega-dump problem and make it worse. Hazards of Coal Ash The two types of waste residue from the combustion of coal are fly ash and bottom ash. Fly ash is the dry residue from burning of coal captured by the pollution control devices. These fine particulates are trapped by pollution control devices required by most air quality agencies to reduce visible emissions. Fly ash is of lighter weight and smaller size than bottom ash, in a range of 1 to 100 microns, with a median of 20-25 microns (also micrometer or µm, one thousandth of a millimeter, 1×10−6 meter, about 0.000039 inches). Toxic elements which become volatile in the combustion process, such as selenium and arsenic, become attached to these fine particulates.1 Bottom ash is the residue which collects in the bottom of the boiler during the coal burning process. Heavier and larger than fly ash, bottom ash has the consistency of sand or gravel, with a size ranging from 0.1 to 50 millimeters. After combustion, bottom ash is typically mixed with water for transfer via sluice pipe from the power plant, then de-watered and stored. Fly Ash and Bottom Ash Collection at a Typical Coal-fired Power Plant2 Toxic constituents of coal ash vary according to the type of coal burned—lignite, subbituminous, bituminous and anthracite, the sulfur content, the methods of pollution control—cyclones, bag houses and electrostatic precipitators, and whether it is fly ash or bottom ash. Other factors 1 Coal Ash Disposal Manual: Third Edition. EPRI, Palo Alto, CA: 1995. TR-104137 2 Illustration from: “Coal Ash: Characteristics, Management and Environmental Issues,” Electric Power Research Institute (EPRI), Technical Update–Coal Combustion Products–Environmental Issues, September 2009 157 page 6 Blue Ridge Environmental Defense League affecting the ash include ammonia-based nitrogen oxide (NOx) control, carbon injection for mercury control, and sodium-based sulfur trioxide (SO3) control. (SO3 is the major contributor to acid rain and sulfuric acid emissions from power plants). A detailed study of ash revealed the following:3 The concentrations of As, Cd, Hg, Mo, Ni, and Pb in fly ash are related to the S content of the coal. Generally, those feed coals with a high S content contain higher concentrations of these elements. The concentrations of these elements are also greater for baghouse fly ash compared to ESP fly ash for the same station. The S content of fly ash from high S coal is 0.1% for pulverized ESP fly ash and 7% for baghouse fly ash from the fluidized bed, indicating that most of the S is captured by fly ash in the fluidized bed. The baghouse fly ash from the fluidized bed has the highest content of Cd, Hg, Mo, Pb, and Se, indicating that CaO, for the most part, captures them. Arsenic is captured by calcium-bearing minerals and hematite, and forms a stable complex of calcium or a transition metal of iron hydroxy arsenate hydrate [(M2+)2Fe3(AsO4)3(OH)4·10H2O] in the fly ash. Most elements in fly ash have enrichment indices of greater than 0.7 indicating that they are more enriched in the fly ash than in the feed coal, except for Hg in all ESP ashes. Mercury is an exception; it is more enriched in baghouse fly ash compared to ESP. A study by the Electric Power Research Institute confirms that combustion of coal tends to concentrate many toxic elements in the bottom and fly ash. The EPRI analysis compared the concentrations of 28 elements found in natural soil and rock to levels detected in bottom ash and fly ash. Chromium is more highly concentrated in bottom ash. Lead and mercury are more highly concentrated in fly ash. Also, the study indicated that uranium and strontium were highly concentrated in both bottom ash and fly ash as compared to naturally occurring soil levels. The relative concentrations above natural soil levels for six elements are listed in the table below. The EPRI study did not have data on the various radioactive isotopes of strontium and uranium. Element Fly ash concentration above soil level Bottom ash concentration above soil level Natural soil median level mg/kg (ppm) Arsenic 1,914 % 69 % 7 Chromium 184 % 901 % 57.5 Lead 737 % 104 % 15 Mercury 148 % -- 0.105 Strontium 548 % 337 % 260 Uranium 273 % 214 % 2.55 Appendix A to this report contains the EPRI data listing all twenty-eight coal ash elements they analyzed and compared to the levels found in natural rock and soil in milligrams per kilogram (ppm). 3 Corrigendum to “Characteristics and composition of fly ash from Canadian coal-fired power plants” Fariborz Goodarzi [Fuel 85 (10–11) (2006) 1418–27] Fuel, Volume 85, Issues 17–18, December 2006, Pages 2683-2684, accessed 3/20/14 at http://www.sciencedirect.com/science/article/pii/S0016236105004643 158 Technical Report 14-083 page 7 The presence of high levels of toxic and radioactive elements in coal ash makes the deposition of the ash on cropland, roads, airport runways and other methods of using the material largely a means of dispersing the harmful substances into the air, soil and water. Needless and life- threatening contamination of the environment would be the result. Therefore, these methods are unacceptable ways of dealing with the problems created by the burning of coal. Aquatic Impacts The tons of coal ash from the recent spill site near Eden, NC, are responsible for the death of a huge number of aquatic organisms in the Dan River: fish, mussels, clams, frogs and turtles. One biologist described it as “a graveyard.” Water birds, raptors, mammals and reptiles will also be affected by the bioaccumulation of selenium in the food chain. Although selenium is an essential trace element, it is toxic at high levels. An elevated level of selenium in the river water also interferes with the development of fish larvae, and bioaccumulation of selenium has been known to wipe out whole species.4 Dr. Dennis Lemly, Professor of Biology at Wake Forest University, provided the following description of how selenium in coal ash can harm fish:5 In concentrations that are too high, selenium leaves fish with deformities that include misshapen spines; “craniofacial” defects of the mouth, jaw and gill cover; fin irregularities; unnatural accumulations of fluids and chronic swelling; and eye problems that include cataracts and protruding eyeballs. Dr. Lemly added that a high level of selenium also renders fish unable to reproduce and that, if selenium contamination is prolonged, the species can be eliminated from the area. Coal Ash Clean Up: A Tale of Two Cities Kingston, Tennessee On December 22, 2008, a dike failed at the TVA Kingston Fossil Plant in Roane County, Tennessee, releasing 5.4 million cubic yards of coal ash sludge. The failure of containment structures at the plant’s onsite Class II landfill caused the disaster. Eight years before the break, the Tennessee Department of Environment and Conservation’s Solid Waste Management Division had issued TVA a Class II landfill permit as part of a plan to close the plant’s nearby settling pond which discharged waste water into the Emory and Clinch rivers. 4 Aquatic Hazard of Selenium Releases From Coal Mining in the Mud River Ecosystem, West Virginia, Lemly D, April 17, 2008, accessed 3/18/14 at http://www.wvhighlands.org/PDFs/LemlyEx6.pdf 5 Email to L. Zeller from Anne Cockrell, “Information/Concerns to Share about the Dan River Coal Ash Spill,” March 9, 2014. Dr. Lemly, a Research Associate Professor of Biology at Wake Forest University and a U.S. Forest Service Cooperator, has published 47 research articles on selenium toxicity to fish and wildlife, as well as the reference book Selenium Assessment in Aquatic Ecosystems. He has consulted on selenium pollution issues ranging from power plant waste in Australia to mountaintop removal coal mining in West Virginia. 159 page 8 Blue Ridge Environmental Defense League In Tennessee a Class II Disposal Facility is: 6 a landfill which receives waste which is generated by one or more industrial or manufacturing plants and is used or to be used for the disposal of solid waste generated by such plants, which may include industrial wastes, commercial wastes, institutional wastes, farming wastes, bulky wastes, landscaping and land clearing wastes, construction/demolition wastes, and shredded automotive tires. Additionally a Class II disposal facility may also serve as a monofill for ash disposal from the incineration of municipal solid waste. The state standards for a coal-ash fill project require:7 (I) A geologic buffer of at least three feet with a maximum saturated conductivity of 1 x 10-6 centimeters per second between the base of the fill and the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer, or such other protection as approved by the Commissioner taking into account site specific coal ash and soil characteristics, ambient groundwater quality, and projected flows in and around the site; and (II) A ground water monitoring program approved by the department that reports sampling results to the department at least once each year. If sampling results indicate that the fill area has caused the ground water protection standards to be exceeded, the owner or operator of the facility shall commence an assessment monitoring program in accordance with regulations adopted by the board and carry-out all corrective measures specified by the Commissioner. The Class II landfill at TVA’s Kingston Fossil Plant failed with catastrophic consequences for the residents of Roane County, Tennessee. On January 12, 2009, three weeks after the disaster, the Tennessee Department of Environment and Conservation issued an administrative legal order8 which required TVA to: 1. Prevent movement of contaminated materials into waters of the state, 2. Cooperate with the state’s comprehensive review of all the utility’s coal ash impoundments in the state, 3. Submit to the state all documents relevant to understanding the cause of the containment failure within 20 days, 4. Cooperate fully with and support the state’s investigation into the failure, 5. Submit a corrective action plan within 45 days, 6. After review, furnish any additional requested by the state at a meeting with state officials, 6 Rules of Tennessee Department of Environment and Conservation, Solid Waste Management, Chapter 0400-11- 01.01(3)(b) 7 Rules of Tennessee Department of Environment and Conservation, Solid Waste Management, Chapter 0400-11- 01.02(2)(a)(2)(viii) 8 Commissioner’s Order, Case No. OGC09-0001, In the Matter of Tennessee Valley Authority, Division of Water Pollution Control, Tennessee Department of Environment and Conservation, James H. Fyke, Commissioner, January 12, 2009 160 Technical Report 14-083 page 9 7. Implement the corrective action plan according to a schedule determined by the state, 8. Submit all data gathered during the corrective action, 9. Perform any additional actions directed by the state, 10. Submit written reports on performance, results and additional work needed, and 11. Pay all costs associated with the state’s investigation and oversight. The State of Tennessee was the sole authority regarding this emergency plan, but it did not relieve the utility of other obligations under state or federal law, nor did it prevent the state from pursuing civil or criminal action against the company. TDEC did assess a civil penalty of $11.5 million from TVA. Over 3.5 million cubic yards of ash spilled into the Emory River was removed by mechanical and hydraulic dredge and shipped to an EPA-approved Arrowhead Landfill in Uniontown, Alabama. The dredging was completed in May 2010 and the last shipment of ash was in December 2010.9 Uniontown, Alabama The citizens of Uniontown had opposed the Arrowhead Landfill since it was constructed in 2003. The landfill was permitted by the Alabama Department of Environmental Management (ADEM) to accept the municipal, industrial and “special” wastes from 16 states. Uniontown is in Perry County, Alabama, about 350 miles from Kingston, Tennessee. Perry County’s population is 68 percent African-American. Uniontown, the community nearest the Arrowhead Landfill, is 88 percent African-American. The Arrowhead Landfill was permitted by the state to accept the municipal, industrial and “special” waste from 16 states.10 The Arrowhead Landfill, located in Uniontown, AL (population 1,775) was permitted by ADEM to dispose of nearly all the coal ash removed from Harriman as a result of the TVA spill (4 million tons). Instead of using protective management techniques, the ash was dumped in mounds as high as 60 feet with nothing covering them. From the front porch of several Uniontown homes, residents have only mounds of coal ash from TN to gaze upon and air contaminated by the dust to breath. The dumped ash rises above the tree line and is within 100 feet of their front steps. With the arrival of coal ash, the situation in Uniontown deteriorated. Residents living near the waste dump reported a noxious, nauseating smell from coal ash waste. Also, they reported fugitive ash dust covering their homes and automobiles. 9 “Ash Slide at TVA Kingston Fossil Plant,” Tennessee Department of Environment and Conservation, website accessed March 22, 2014 at http://www.tn.gov/environment/kingston/index.shtml 10 “A Toxic Inheritance: An Alabama community inherits America's worst coal ash spill,” Earthjustice blog accessed 3/21/14 at http://earthjustice.org/features/campaigns/a-toxic-inheritance 161 page 10 Blue Ridge Environmental Defense League The inherent injustice of transporting toxic waste from the largely white community in Roane County, Tennessee to a majority black community is currently the subject of a Civil Rights lawsuit brought by Earthjustice and a local attorney:11 In December of 2013, Earthjustice attorneys informed the EPA’s Office of Civil Rights that Earthjustice would be representing six Alabama residents in a civil rights complaint under Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal funds, including state agencies, from taking actions or implementing policies that have unjustified disproportionate adverse effect on the basis of race. The complaint is against the Alabama Department of Environmental Management for reissuing and modifying the landfill’s permit without proper and readily enforceable protections of public health. At the time of this report, the case is unresolved and awaits adjudication; no hearing date has been set. Eden, North Carolina: In Harm’s Way On February 2, 2014, in the third largest coal ash disaster in history, Duke Energy’s Dan River Steam Station released a torrent of toxic sludge into the Dan River near Eden, North Carolina. The story made national and world news that day, but the disaster was an accident waiting to happen. Ample warnings were there. Regulatory officials in North Carolina were aware of excessive groundwater contamination. Risks to residents from coal ash impoundments were known to the company and state and federal officials. Yet nothing was done. The Dan River flows 214 miles through North Carolina and Virginia. It arises in Patrick County, Virginia and crosses into North Carolina at Stokes County, flows east into Rockingham County, veers back into Virginia and then reenters North Carolina and flows into Caswell County, then back into Mecklenburg County, Virginia where it empties into the John H. Kerr Reservoir, also known to North Carolinians as Kerr Lake and to Virginians as Buggs Island Lake. The Kerr Reservoir is formed by a dam on the Roanoke River, which flows east into Lake Gaston. The Dan River Steam Station’s coal ash was stored in two impoundments covering 39 acres with a capacity of 664 acre-feet. The embankments and dikes constructed over a fifty-eight year period had created the hazardous situation which ended with an eruption of over 35 million gallons of ash and contaminated water into the Dan River. A report issued over three years ago by the Environmental Integrity Project, Earthjustice and Sierra Club concluded12: Voluntary groundwater monitoring at Duke Energy’s Dan River Steam Station’s coal ash ponds has detected levels of chromium, iron, lead, manganese, silver, and sulfate that exceed state groundwater standards and federal Maximum Contaminant Levels (MCLs) and Secondary MCLs (SMCLs). Dan River Steam Station has two unlined coal ash ponds as well as an unlined dry ash landfill. Fifteen years of sporadic voluntary monitoring beginning in November 1993 indicates that there is on-site groundwater 11 Ibid. 12 In Harm’s Way: Lack of Federal Coal Ash Regulations Endangers Americans And Their Environment, Jeff Stant, August 26, 2010, accessed 3/18/14 at http://earthjustice.org/sites/default/files/files/report-in-harms-way.pdf 162 Technical Report 14-083 page 11 contamination that is likely migrating outside of the state-designated “compliance boundary” for Dan River’s CCW impoundments. EPA ranked both wet CCW ponds at Dan River Steam Station as “high hazard” surface impoundments, meaning that their failure will probably cause loss of life (USEPA, 2009). The In Harm’s Way investigators reported 39 new cases of contamination caused by improperly disposed coal combustion waste, including Dan River. These reports were in addition to similar cases of contamination found at scores of other sites and catalogued during the previous decade by the US Environmental Protection Agency, bringing the total number of known sites contaminated by coal ash waste to 167 in 34 states. The Dan River Steam Station chapter of In Harm’s Way is attached to this report as Appendix B. Landfills Are Not Acceptable for Coal Ash During the mid-20th Century open pit waste dumps and trash heaps gave way to “sanitary landfills” which covered the waste with earthen caps to solve the problems of rodents, insects and odors. But the underground environment and consequent anaerobic decomposition of the waste introduced new problems: methane gas and toxic liquid leachate. To solve these problems, Congress enacted the Resource Conservation and Recovery Act in 1976.13 Subtitle D of RCRA is a section of the law which governs municipal solid waste landfills accepting so-called non- hazardous waste; i.e., household garbage and commercial solid waste. RCRA Subtitle C governs hazardous wastes.14 The solid waste program, under RCRA Subtitle D, encourages states to develop comprehensive plans to manage nonhazardous industrial solid waste and municipal solid waste, sets criteria for municipal solid waste landfills and other solid waste disposal facilities, and prohibits the open dumping of solid waste. The hazardous waste program, under RCRA Subtitle C, establishes a system for controlling hazardous waste from the time it is generated until its ultimate disposal — in effect, from “cradle to grave.” RCRA (Resource Conservation and Recovery Act) regulates solid waste. Generally, solid wastes are any discarded materials which are not hazardous. Specific definitions and exclusions are located primarily in Title 40 Part 261 of the Code of Federal Regulations. Municipal solid waste landfills may accept household waste, non-hazardous sludge, industrial solid waste, and construction and demolition debris. Municipal solid waste landfills must comply with federal regulations at 40 CFR Part 258, Subtitle D. RCRA also regulates hazardous waste; that is, wastes which are ignitable, corrosive, reactive or toxic. The regulations are located primarily in 13 42 U.S.C. §6901 et seq. (1976). The Solid Waste Disposal Act (42 U.S.C. 6901–6992k) consists of title II of Public Law 89–272 and the amendments made by subsequent enactments. This Act is popularly referred to as the Resource Conservation and Recovery Act, after the short title of the law that amended the Solid Waste Disposal Act in its entirety in 1976 (P.L. 94–580). 14 “History of RCRA,” EPA website accessed 3/22/14 at http://www.epa.gov/waste/laws-regs/rcrahistory.htm 163 page 12 Blue Ridge Environmental Defense League Title 40 of the Code of Federal Regulations at Part 261, Subpart C. There are twenty-one Subtitle C hazardous waste landfills in the United States, identified by the US Environmental Protection Agency for disposal of RCRA Subtitle C hazardous waste. Pursuant to 40 CFR §261.4(b)(4), “Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste, generated primarily from the combustion of coal or other fossil fuels...” is solid waste. In 1988, the US EPA altered Subtitle D regulations because single composite liners for landfills would not prevent groundwater pollution. But the new double-lined landfills—permitted by North Carolina and most other state waste management agencies under Subtitle D—suffer from a combination of technological cross-purposes, regulatory short-sightedness and public relations hyperbole. During the early 1990’s, implementation of the new Subtitle D regulations prompted widespread closure of traditional unlined landfills and a flurry of new double-lined landfills relying on a layer of clay and a layer of plastic. The double liners were thought to provide protection from contamination of groundwater. However, the fatal flaw of solid waste landfills is that they are subject to natural forces which make leakage and contamination inevitable. For example, on average rodents move over five tons of soil per acre annually. The diagram below illustrates the typical Subtitle D landfill: Cross-section of a Subtitle D Landfill Key Problems with the Subtitle D Approach15 • Heavy metals will not “detoxify” in landfill • All landfill liners eventually leak 15 “Issues Concerning Impacts of Landfills on Groundwater Quality & Public Health,” G. Fred Lee and Associates, most recently accessed 3/22/14 at http://www.gfredlee.com/Landfill_Impacts.html 164 Technical Report 14-083 page 13 • Groundwater monitoring regimens likely to miss finger-plumes of incipient leakage; off- site well pollution may be first indication of failure • Post-closure care and remediation funding required indefinitely, long-term financial responsibility will be shifted to county, public and local residents According to Dr. G. Fred Lee:16 [T]he typical groundwater monitoring program allowed by regulatory agencies for Subtitle D landfills involving the use of monitoring wells at the point of compliance, which have zones of capture of about one foot, but which are spaced hundreds of feet apart, means that there must be widespread, general failure of the liner system before these monitoring wells can be expected to detect failure. The initial failure of the liner system will not be through general leakage throughout the bottom of the landfill, but will be through holes, rips, tears, or points of deterioration in the plastic sheeting flexible membrane liner. As discussed by Cherry in 1990, the initial liner failures will produce finger-like plumes of leachate that will have a high probability of passing between the monitoring wells and not being detected by them Lee concludes: Many of the components of the wastes in Subtitle D landfills will be a threat to pollute groundwaters forever. The liner systems being allowed at best only postpone when groundwater pollution occurs. The groundwater monitoring systems being allowed are largely cosmetic in detecting off-site groundwater pollution before widespread pollution occurs. Anyone who claims otherwise either doesn't understand the basic issues involved, or is deliberately distorting the readily available information on these issues. The so-called promise of a double-lined landfill to protect groundwater is belied by the limited guarantee offered by manufacturers: “A five year warranty is the typical warranty now offered in the industry.”17,18 Moreover, cleanup costs have not been set aside for the inevitable failures: “The funding that is now provided for closure of Subtitle D landfills is grossly inadequate compared to the funding that will be needed.”19 The conceptual flaw which undermines the reliability of Subtitle D is illustrated in the following diagram. 16 “Detecting Failure of Subtitle D Landfill Liner Systems,” G. Fred Lee, PhD, PE, DEE, G. Fred Lee & Associates, El Macero, California, November 1999. Accessed most recently on March 22, 2014 at http://www.gfredlee.com/detecting_failure.pdf 17 Dever, Raymond J.; Walsh, James J. “Long Term Care for Landfills, More or Less?” SCS Engineers. www.scsengineers.com. Web. 12 July 2005. Accessed 1May 2013. 18 Colorado Lining International, HDPE liner information page. http://www.coloradolining.com/products/hdpe.htm 19 Lee, G. Fred, Jones-Lee, Anne. “Overview of Landfill Post-Closure Issues.” G. Fred Lee and Associates. www.gfredlee.com. Web. Accessed 1 May 2013. 165 page 14 Blue Ridge Environmental Defense League Schematic Diagram of Subtitle D Solid Waste Landfill Undetected Failure20 Monitoring wells which are supposed to detect underground plumes of contamination are placed too far apart to ensure capture of the contamination. Experts who have studied the construction, operation and closure of Subtitle D landfills found that “[G]roundwater monitoring wells spaced hundreds of feet apart...will have a low probability of detecting groundwater polluted by landfill leachate....”21 Assurances by solid waste landfill regulators and commercial companies that toxic leachate is safely contained and managed by a double-lined landfill are false. Impartial experts agree that liner failure is inevitable, regardless of the liner type. That all liners will eventually fail is not in dispute. The only question is: How long will it take? Re-use of Ash Re-introduces Contamination Methods of using ash by incorporating it into road building and cement block construction have been tried and the results are unsatisfactory. That the ash becomes immobilized is a common but false claim. Research indicates that contaminants in the ash, heavy metals in particular, are leached from roadways and cement blocks made with ash, endangering the environment and public health. For example, in Newcastle, UK, where ash from a local incinerator had been applied from 1994-1999 on local allotments and paths, hazardous levels of dioxins and heavy metals were found.22 20 Diagram by L. Zeller based on original by Dr. John Cherry 21 G. Fred Lee; Jones-Lee Anne. “Flawed Technology of Subtitle D Landfilling of Municipal Solid Waste.” G. Fred Lee and Associates. www.gfredlee.com. Updated February 2013. G. Fred Lee and Associates. Web. Accessed 30 April 2013. 22 Ryder, R.E., “Incinerator Ash is Inert.” ToxCat, 2000. 3(1). Citation 49 accessed 3/23/14 at http://www.zerowaste.co.nz/assets/Reports/Wastedopportunities.pdf 166 Technical Report 14-083 page 15 The National Picture As detailed above, coal ash impoundments a national problem. The following analysis is from a Duke University legal forum:23 Consider the following daunting statistics about existing surface impoundments. In the wake of the Kingston spill, the EPA undertook an investigation of existing surface impoundments’ integrity, finding that 109 of 584 such facilities nationwide had either a “high” or a “significant” hazard potential rating....In addition, 186 of the units were not designed by a professional engineer....Although the impoundments were designed to last for about 40 years, 56 were older than 50 years old and 360 were between 26 and 40 years old....Moreover, 35 units at 25 facilities had already reported releases ranging from minor spills to the massive release at the Kingston facility. Under the Coal Combustion Residuals Proposed Rule, the US Environmental Protection Agency was to promulgate regulations for coal ash waste:24 EPA is proposing to regulate for the first time coal ash to address the risks from the disposal of the wastes generated by electric utilities and independent power producers. EPA is considering two possible options for the management of coal ash for public comment. Both options fall under the Resource Conservation and Recovery Act (RCRA). Under the first proposal, EPA would list these residuals as special wastes subject to regulation under subtitle C of RCRA, when destined for disposal in landfills or surface impoundments. Under the second proposal, EPA would regulate coal ash under subtitle D of RCRA, the section for non-hazardous wastes. But the EPA’s action was forced by events and legal action brought by public interest organizations. The following excerpts are from the EPA Consent Decree of January 29, 2014: WHEREAS, Plaintiff Appalachian Voices, et al., allege in their complaint that EPA has failed to perform a nondiscretionary duty arising under section 2002(b) of RCRA, 42 U.S.C. § 6912(b), by failing to complete the required review, at least every three years, and revision if necessary, of RCRA subtitle D regulations pertaining to coal combustion residuals; EPA proposed rule published on June 21, 2010, 75 Fed. Reg. 24,148, EPA proposed, as one regulatory option, to revise its RCRA subtitle D regulations pertaining to coal combustion residuals. 23 The End Game of Deregulation: Myopic Risk Management and the Next Catastrophe, Thomas O. McGarity & Rena I. Steinzor, Duke Environmental Law and Policy Forum, Fall 2012, Vol. 23:93, Pg. 9, accessed 3/23/14 at http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1240&context=delpf 24 Coal Combustion Residuals – Proposed Rule – June 21, 2010, http://www.epa.gov/osw/nonhaz/industrial/special/fossil/ccr-rule/index.htm 167 page 16 Blue Ridge Environmental Defense League The EPA Administrator shall, by December 19, 2014, sign for publication in the Federal Register a notice taking final action regarding EPA’s proposed revision of RCRA subtitle D regulations pertaining to coal combustion residuals. Ending the foot-dragging by the federal agency with jurisdiction in this matter is a long-overdue step towards re-regulation for the protection of public health and the environment which is the premise of the Resource Conservation and Recovery Act and other federal laws. The Alternative for North Carolina As demonstrated above, RCRA landfills are unsuitable for coal ash, and re-use merely spreads the problem around. So, what other techniques might there be to keep the toxic substances in the ash from escaping into the environment? This chapter will outline possible alternative methods of sequestering coal ash from the water, soil and air. These are now in use and could be employed, perhaps with modification, to the special conditions found in various sites. Simply stated, one acceptable way to deal with ash is to solidify it with concrete, protect it from weather, and store it above ground. This method has been in use for fifty years. Saltstone The United States Department of Energy has developed a method of isolating hazardous waste at the Savannah River Site in South Carolina known as the “saltstone” process. Production byproducts from decades of defense operations are stored in dozens of million-gallon tanks at SRS. The wastes are a witch’s brew of toxic compounds including heavy metals and radioactive compounds. After radioactive substances are removed, the remaining mixture is transferred to the Saltstone Production Facility and mixed with cement, slag, and fly ash to form a grout which is then disposed of in the Saltstone Disposal Facility. The grout mixture, or slurry, is mechanically pumped into concrete disposal vaults that make up the Saltstone Disposal Facility. The mixture solidifies into a non-hazardous, low-radioactive saltstone waste. When a concrete vault is filled, it is capped with clean concrete to isolate it from the environment. Final closure of the area consists of covering the vaults with engineered closure caps, backfilling with earth and seeding to control water infiltration and erosion. The saltstone plant has been in operation since 1990, processing waste from SRS tank farms (see illustration). Currently there are two vault sizes at the SDF – 60,000 and 120,000 square feet. For comparison, a typical football field including end zones is just over 57,000 square feet. TVA’s Kingston Fossil plant had a 244 acre settling pond for ash containment. Duke Energy’s Dan River Steam Station has 39 acres of ash impoundment area. 168 Technical Report 14-083 page 17 New Saltstone Disposal Facility Units Under Construction25 The Savannah River Site remediation fact sheet states:26 Saltstone Disposal Units (SDUs) are permanent disposal units to contain low-activity waste grout produced from solidification of decontaminated non-hazardous salt waste at the Savannah River Site (SRS). These units are cylindrical concrete tanks that are based on a design used commercially for storage of water and other liquids. The most recently developed unit design, SDU-6, will also be cylindrical but will be built 10 times larger than the others. It will be 375 feet in diameter and 43 feet tall, while units 2, 3 and 5 are 150 feet in diameter and 22 feet tall. 25 Photographs from Savannah River Remediation “Fact Sheet: Saltstone Facilities,” May 2012 and Sept. 2013 26 Savannah River Remediation “Fact Sheet: Saltstone Facilities,” Sept. 2013 169 page 18 Blue Ridge Environmental Defense League Testing and analysis by the Department of Energy27 have concluded that waste disposal in the Saltstone Disposal Facility will not release material above U.S. Environmental Protection Agency drinking water standards. Wells near the edge of the disposal site are used to monitor groundwater to ensure that it meets the applicable standards. The standards are listed in the table below. Selected Groundwater Protection Standards Met by the Saltstone Process Element Level Units Standard Arsenic 50 ppb SDWS Cadmium 5 ppb PDWS Chromium 100 ppb PDWS Lead 15 ppb PDWS Mercury (elemental) 2 ppb PDWS Mercury (methyl) - - background Molybdenum - - background Nickel 100 ppb PDWS Selenium 50 ppb PDWS The Savannah River Site waste undergoing remediation in this manner was about 36.4 million gallons.28 It is worth noting that this is just about the size of the Dan River coal ash spill in North Carolina. 27 The Savannah River Site is owned by U.S. Department of Energy. The SRS Liquid Waste contract is managed by Savannah River Remediation, a team of companies led by URS Corp. with partners Bechtel National, CH2M Hill and Babcock & Wilcox. 28 “Technical Evaluation Report for Draft Waste Determination for Salt Waste Disposal,” Larry W. Camper, Director, Division of Waste Management and Environmental Protection, US NRC Office of Nuclear Material Safety and Safeguards to Charles E. Anderson, Principal Deputy Assistant Secretary, Office of Environmental Management, U.S. Department of Energy, December 28, 2005 170 Technical Report 14-083 page 19 Range 10th percentile–90th percentile in bulk composition of fly ash, bottom ash, rock, and soil Element mg/kg Fly Ash* Bottom Ash* Rock** Soil*** Aluminum 70,000–140,000 59,000-130,000 9,800-96,000 15,000-100,000 Calcium 7,400-150,000 5,700-150,000 6,000-83,000 1,500-62,000 Iron 34,000-130,000 40,000-160,000 8,800-95,000 7,000-50,000 Silicon 160,000-270,000 160,000-280,000 57,000-380,000 230,000-390,000 Magnesium 3,900-23,000 3,400 - 17,000 700-56,000 1,000-15,000 Potassium 6,200-21 ,000 4,600 - 18,000 4,000-45,000 4,500-25,000 Sodium 1,700-17,000 1,600 - 11 ,000 900-34,000 1,000-20,000 Sulfur 1,900-34,000 BDL-15,000 200-42,000 840-1,500 Titanium 4,300-9,000 4, 100-7,200 200-5,400 1,000-5,000 Antimony BDL-16 All BOL 0.08-1.8 BDL-1.3 Arsenic 22-260 2.6-21 0.50-14 2.0-12 Barium 380-5100 380-3600 67-1,400 200-1,000 Beryllium 2.2-26 0.21-14 0.10-4.4 BDL-2.0 Boron 120-1000 BDL-335 0.2-220 BDL-70 Cadmium BDL-3.7 All BDL 0.5-3.6 BDL-0.5 Chromium 27-300 51-1100 1.9-310 15-100 Copper 62-220 39-120 10-120 5.0-50 Lead 21-230 8.1-53 3.8-44 BDL-30 Manganese 91-700 85-890 175-1400 100-1,000 Mercury 0.01-0.51 BDL-0.07 0.1-2.0 0.02-0.19 Molybdenum 9.0-60 3.8-27 1.0-16 All BDL Nickel 47-230 39-440 2.0-220 5-30 Selenium 1.8-18 BDL-4.2 0.60-4.9 BDL-0.75 Strontium 270-3100 270-2000 61-890 20-500 Thallium BDL-45 All BDL 0.1-1.8 0.20-0.70 Uranium BDL-19 BDL-16 0.84-43 1.2-3.9 Vanadium BDL-360 BDL-250 19-330 20-150 Zinc 63-680 16-370 25-140 22-99 BDL - Below Detection Limit * Source for most fly ash and bottom ash data is EPRI CP-INFO Database3, Beryllium, thallium, mercury (bottom ash only) and boron (bottom ash only) are from the EPRI PISCES Database6 ** Source for rock data is US Geological Survey National Geochemical database7 * * * Source for most soils data is Shacklette and Boerngen (1984)8; cadmium and thallium data are from Smith et al (2005)9 3 CP-INFO Database. EPRI: August 5, 2009. 6 PISCES Database. EPRI: August 5, 2009. 7 Geochemistry of Rock Samples from the National Geochemical Database. US Geological Survey: 2008. http://tin.er.usgs.gov/metadata/ngdbrock.html. 8 Shacklette, H. and J. Boerngen, 1984. Element Concentrations in Soils and Other Surficial Materials of the Conterminous United States, US Geological Survey Professional Paper 1270. 9 Smith, D.; Cannon, W.; Woodruff. L.; Garrett, R.; Klassen, R.; Kilburn. J.; Horton, J.; King, H; Goldhaber, M.; Morrison, J. , 2005. Major- and Trace-Element Concentrations in Soils from Two Continental-Scale Transects of the United States and Canada. US Geological Survey Open File Report 2005-1253. Appendix A: EPRI List of Coal Ash Toxics Source: Coal Ash–Characteristics, Management and Environmental Issues September 2009 © Electric Power Research Institute 171 IN HARM’S WAY: Lack of Federal Coal Ash Regulations Endangers Americans and Their Environment Damage Case – Dan River Steam Station Page 97 Entity Company – Location Duke Energy - Dan River Steam Station 524 S Edgewood Rd Eden, NC 27288 Rockingham County Latitude: 36.489495 Longitude: -79.715427 Determination Demonstrated on-site damage to groundwater Probable Cause(s) Leaching of coal combustion waste (CCW) contaminants into groundwater Summary Voluntary groundwater monitoring at Duke Energy’s Dan River Steam Station’s coal ash ponds has detected levels of chromium, iron, lead, manganese, silver, and sulfate that exceed state groundwater standards and federal Maximum Contaminant Levels (MCLs) and Secondary MCLs (SMCLs). Dan River Steam Station has two unlined coal ash ponds as well as an unlined dry ash landfill. Fifteen years of sporadic voluntary monitoring beginning in November 1993 indicates that there is on-site groundwater contamination that is likely migrating outside of the state-designated “compliance boundary” for Dan River’s CCW impoundments. EPA ranked both wet CCW ponds at Dan River Steam Station as “high hazard” surface impoundments, meaning that their failure will probably cause loss of life (USEPA, 2009). 172 IN HARM’S WAY: Lack of Federal Coal Ash Regulations Endangers Americans and Their Environment Damage Case – Dan River Steam Station Page 98 Test of Proof Groundwater monitoring found exceedances of groundwater standards, such as North Carolina standards, federal MCLs, and federal SMCLs (Duke Energy and NC DENR, 1993–2009). For example: Chromium was reported at 0.0611 mg/L in April 2008, over the state groundwater standard of 0.05 mg/L. Iron exceedances ranged from 0.32 mg/L to 69.73 mg/L between November 1993 and April 2008, the latter being over 232 times the SMCL and state groundwater standard of 0.3 mg/L. Lead exceedances ranged from 0.01522 mg/L to 0.0392 mg/L between April 1998 and April 2008, the latter being over twice the MCL and state groundwater standard of 0.015 mg/L. All recorded manganese values exceeded SMCLs and state groundwater standards. Manganese concentrations ranged from 0.32 mg/L to 7.058 mg/L, the latter being over 141 times the SMCL and state groundwater standard of 0.05 mg/L. Silver was reported at 0.0411 mg/L in April 2008, over twice the state groundwater standard of 0.0175 mg/L. Sulfate exceedances ranged from 510 mg/L to 560 mg/L between November 1993 and April 1996, more than twice the SMCL and state groundwater standard of 250 mg/L (DENR). The full extent of the groundwater contamination is unknown. Groundwater testing was only conducted within the boundaries of the CCW impoundment structure because the impoundment extends all the way to the Dan River, making downgradient groundwater monitoring difficult. No off-site monitoring has been conducted. High levels of iron, lead, and manganese in wells presumed to be “background” indicate possible contamination from the on-site dry coal ash storage facilities and warrant further investigation. Groundwater monitoring has only targeted the wet CCW storage site, ignoring the dry CCW landfill. Constituents Involved Chromium, iron, lead, manganese, silver, and sulfate At Risk Populations The Dan River Steam Station is located in a fairly densely populated area. Private well data is supposed to be archived at the county level; however, Rockingham had only an incomplete list of registered wells from the 1970s, without the geospatial data necessary to map wells in relation to the Dan River Steam Station. Although not an exhaustive list, the private well data available showed that there are over a dozen private suburban residences within two miles of the CCW impoundments at Dan River. In addition, public well data available through the North Carolina Department of Natural Resources, shows five public drinking water wells within a five-mile radius of Dan River that serve over 60 citizens. 173 IN HARM’S WAY: Lack of Federal Coal Ash Regulations Endangers Americans and Their Environment Damage Case – Dan River Steam Station Page 99 Incident and Date Damage Occurred / Identified Exceedances of groundwater standards were first documented in November 1993 Regulatory Action The North Carolina Department of Environment and Natural Resources (DENR) is aware of existing groundwater contamination at levels that exceed state groundwater standards at the Dan River Plant. However, DENR has not required a corrective action plan to restore contaminated groundwater at the Dan River Plant and has no plans to take action to eliminate the source of contamination until it reaches the “compliance boundary.” DENR plans to require groundwater monitoring outside of the compliance boundary upon permit renewal for all coal ash ponds (Henderson, 2010), but this may be difficult in the case of the Dan River Steam Station because its coal ash impoundments abut the Dan River. Despite evidence of groundwater contamination, DENR has not required Duke Energy to take any remedial action. Under North Carolina law, a company is only required to take cleanup action if contamination is spreading outside of a designated “compliance boundary.” As long as Duke Energy continues to monitor only inside the compliance boundary at the Dan River Plant, they will not produce data sufficient to trigger cleanup. Wastes Present Fly ash, bottom ash, boiler slag, and flue gas emission residuals from the Dan River Steam Station (Duke Energy, 2009) 174 IN HARM’S WAY: Lack of Federal Coal Ash Regulations Endangers Americans and Their Environment Damage Case – Dan River Steam Station Page 100 Type(s) of Waste Management Unit Two unlined wet coal ash impoundments and one unlined dry coal ash landfill Active or Inactive Waste Management Unit Two active wet coal ash impoundments and one inactive, capped dry landfill Hydrogeologic Conditions The CCW impoundments abut the Dan River, indicating that shallow off-site groundwater contamination may be diluted. Further hydrogeologic information was unavailable. Additional Narrative The Dan River Steam Station began operation in 1949. The CCW storage imopundment was originally built in 1956, seven years after the plant began operating. The embankment walls were raised in 1967. In 1977, the embankment walls were raised again, and an interior dike was built to divide the impoundment into the two that exist today. It should be noted that the western dike walls of the primary and secondary ash ponds were constructed on top of existing coal ash deposits. The two impoundments together cover 39 acres, with a total storage capacity of 664 acre feet. The impoundments have been periodically dredged and the dredged ash spoils are stored in an unlined dry ash landfill just north of the ponds. The last dredging occurred in 2007. Another dredging is unlikely because the plant is expected to be decommissioned soon. Source(s) Duke Energy & NC DENR. 1993-2008. Dan River Steam Station: Coal Ash Pond Voluntary Monitoring Data. Duke Energy. 2009. Letter from Richard Kinch, Duke Energy to U.S. Environmental Protection Agency (EPA) , Re: CERCLA 104(e) Request for Information (Mar. 25, 2009), available at http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys/duke-dan-river.pdf. Henderson, Bruce. 2010. “State to require monitoring of ash Ponds,” Charlotte Observer (Feb. 2, 2010). NCDENR. 2006. Classifications and Water Quality Standards Applicable to The Groundwaters of North Carolina, 15A N.C. Admin. Code subchpt. 2L §§ .0100, .0200, .0300 (amended Dec. 7, 2006). NCREDC. North Carolina Rural Economic Development Center (NCREDC), NC Center for Geographic Information & Analysis, Raleigh, NC, 20000320, onemap_prod.SDEADMIN.wwells. Powers. 2009. R. Powers. Dan River Ash Basin NPDES Permit NC0003468 Waste Review and Compliance Boundary: Duke Energy – Dan River Steam Station, Rockingham County, North Carolina (Apr. 27 2009). Rizzo. 2009. Paul C. Rizzo Associates, Inc., “Final Report: CCW Impoundments Inspection Report: Dan River Steam Station Rockingham County, North Carolina”. (Sept. 2009). USEPA. 2009. Fact Sheet: Coal Combustion Residues (CCR) – Surface Impoundments with High Hazard Potential Ratings. EPA530-F-09-006 (updated Aug. 2009). available at: http://www.epa.gov/osw/nonhaz/industrial/special/fossil/ccrs-fs/index.htm 175 176 177 178 179 AGENDA ABSTRACT Meeting Date: March 17, 2014 Agenda Title: Broadband temporary solution Background information: At the Feb. 24th BOC meeting, the commissioners asked Lightleap to provide a broadband solution that could be implemented sooner than the proposed timeline in the Public Safety/Broadband feasibility study. Summary of Information: Lightleap proposes installing equipment on an existing private cell tower located on 124 Julian Oakley Road. Lightleaps estimates that 100 households will sign up for service. Below is a map of the possible service area: 180 First year cost Equipment: $5,084 Subscriber Costs: $18,840 (80 subscribers) Tower rent: $22,800 for rent and $2,500 for structural analysis = $25,300 Fiber connection: $10,000 for fiber build out Bandwidth = $3,600 TOTAL: $62,824 Second year cost Subscriber Costs: $4,710 (20 subscribers) Tower rent: $22,800 Bandwidth = $3,600 TOTAL: $31,110 Third year cost Subscriber Costs: $2,355 (10 subscribers) Tower rent: $22,800 Bandwidth = $3,600 TOTAL: $28,755 Fourth year cost Subscriber Costs: $2,355 (10 subscribers) Tower rent: $22,800 Bandwidth = $3,600 TOTAL: $28,755 Fifth year cost Subscriber Costs: $2,355 (10 subscribers) Tower rent: $22,800 Bandwidth = $3,600 TOTAL: $28,755 TOTAL PROJECT cost over five years Equipment: $5,084 Subscriber Costs: $30,615 Tower rent: $116,500 Fiber connection: $10,000 Bandwidth: $18,000 TOTAL: $180,199 The timeframe for Lightleap to lite an existing tower, assuming no road blocks, is 12 weeks. Recommended Action: Direct staff whether or not to move forward with the broadband pilot on Julian Oakley Road. Submitted By: Assistant County Manager, Sybil Tate 181 AGENDA ABSTRACT Meeting date: April 7, 2014 Agenda Title: Recommended Capital Improvement Plan (CIP) for FY 2015-2019 Summary of Information: The CIP is a planning tool for implementing large, capital projects. The CIP includes projects costing $50,000 or greater from county departments, Piedmont Community College and Person County Schools. The full document will be distributed during the meeting, but the spreadsheet outlining the projects, their potential schedule for funding, along with the estimated project costs is attached. These projects span five years with the upcoming fiscal year (FY15) being the only year where a funding commitment is needed. The CIP is scheduled to be adopted at the Board’s meeting on April 21, 2014. It is being presented for discussion and direction from the Board. Recommended Action: Discuss the CIP and provide staff with feedback. Submitted By: Heidi York, County Manager and Amy Wehrenberg, Finance Director 182 183 184 185