By NICOLE CARTRETTE
Staff Writer
The Columbus County Board of Health voted to change intensive livestock rules after it was brought to their attention that a new turkey growing operation couldn’t get an electrical permit from the county inspection department.
After a series of meetings held in November and December, the board voted to change intensive livestock rules that would make the new operation eligible for permits that could not be obtained under old rules.
The old rules called for a setback of at least 200 feet from adjoining property lines. Two of the houses did not meet those guidelines and rules were changed to require only a 50-foot setback from property lines, among other things.
A public hearing was not properly advertised and county officials aren’t denying it.
A public hearing has now been scheduled for 7 a.m. on Dec. 28 but the operation has already been permitted and the turkeys are in the houses.
County Health Director Kim Smith said the Board of Health looked at the rules and determined the setbacks as written were not based on a health risk.
“The board met, changed and accepted the N.C. Poultry Federation Guidelines and Standards and this is actually what the farmer built the farm on,” Smith said. “He was unaware that Columbus County had an intensive livestock ordinance.”
When asked what date those rules were changed, Smith was uncertain.
“I’d have to go back and look but I’m going to go ahead and tell you the general statute says that you have to give public notice any time you adopt new rules and we’re in the process of correcting that,” Smith said.
The Board of Health has the duty and power to protect the public’s health, Smith said.
“The footage was changed because there was not a health reason and all of the research we have done is that most of the risk is to poultry workers, not adjoining property owners or residences that are nearby,” Smith said. “In this case the board felt there were not any health reasons why this should be 200 feet from the property line.
“Where is the health risk?” Smith said. “That was the mindset going into this.”
Building Inspections Director Ray Reaves said he was asked to issue electrical permits for two of four houses at 1119 Jimsie Hester Rd. at W&W Farms, but the electricity would be turned on to all four and he couldn’t.
“We stayed within our guidelines,” Reaves said. “When we were told it was cleared by the health department I issued a permit for all of it.”
Reaves said the construction and wiring were already complete before the owner applied for a permit.
“We didn’t have an application prior to him building the buildings,” said Bill Horne with environmental health. “What we acted on was that rules had changed a week ago –we just acted on what we were told,” Horne explained.
Neil Floyd, also with environmental health, said prior to 2002 swine had been included in the intensive livestock rules but after Chatham County lost a lawsuit over their rules, Columbus County changed its plan by deleting any mention of swine in the rules but made no other changes.
Floyd said the grower, Michael Wilson, did eventually submit all of the documents required of the rules, such as a site plan, waste plan and proof of an attempt to contact adjacent landowners.
The paperwork came after the houses were constructed.
Draft minutes from a Nov. 13 “workshop” state that, in part: “This workshop was held to inform the board of the new construction of four turkey houses erected in the northern part of Columbus County without notifying Columbus County Health Department to obtain the required permit.”
Draft minutes of a Dec. 5 meeting show that “a total of 15 members of the public made comments for and against the poultry farm.” Those minutes do not reflect who spoke or what was said.
After the comments were heard, a closed session was held but the purpose for the closed session nor the statute under which the board was operating to go into the private session is not noted. Anthony Terrance is the only board member listed as not being present.
County Attorney Steve Fowler and 10 other board members are listed as being present at the meeting.
The closed session lasted from 7:30 pm to 9:05 p.m. and included two environmental health employees and one USDA employee “for a brief period,” the draft minutes show.
After the closed session, Dr. Darryl Diefes, Chairman of the Board of Health, encouraged negotiation between the two parties, the draft minutes indicate. He also questioned “Mr. Prestage” about his knowledge of the rules. The minutes do not list a Prestage as being in attendance and do not give a first name.
“He assured the board that if and when Prestage Farms established any more business in Columbus County this would not happen again,” the minutes show. “Prestage” said the company had established houses in several counties in N.C. and never encountered this.
“(County Commissioner James) Prevatte wanted to know more about wetland regulations from the Army Corp of Engineers,” the minutes read.
“Steve Fowler stated the Board of Health will continue looking into this but the two parties should continue negotiations,” the drafts state.
Records show board members George Floyd, James Prevatte and Anthony Terrance were not present at a Dec. 10 meeting where the board first voted on changing the setback rules. The next morning the board had a second reading of the changes with members C. Lacy Tate, Jr., Earl Fowler, James Prevatte, Franklin Boone, George Floyd, Twyla Hodges, Clyde Burns, Peggy Blackmon and Darryl Diefes present.
The changes were adopted on Dec. 11 in a 7 to 1 vote of the board, with Prevatte opposed.
Records obtained from the county building inspections department and health department show that electrical, building, and operational permits were issued on the same day the board took its final vote.
Diefes has said the board was unaware it was violating any law and the health rules under the old policy were not based in science.