1979-09-11 Special Meeting - Flemington
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MINUTES OF SPECIAL MEETING, SEPTEMBER II, 1979
ASSEMBLY
The New Hanover County Board of Commissioners met in
September 11, 1979, at 1:30 o'clock p. m. in the Assembly
Administration BUidling, Wilmington, North Carolina.
Special Session" on Tuesday,
Room, New Hanover County
Members present were Commissioners Karen E. Gottovi;
Wright; Chairman Ellen C. Williams; County Manager George
James C. Fox; and Clerk to the Board, Alyce B. Rusmisell.
Armistead, Jr. was absent.
Claud O'Shields, Jr.; Vivian S.
F. Cooper; County Attorney
Commissioner Howard L.
Chm. Williams called the meeting to order and stated that this Special Meeting
had been called to meet with representatives from the Environmental Protection Agencyo
Enforcement Division and others to discuss matters pertaining to the sanitary land-
fill at Fleming ton.
DISCUSSION ON FORMER LANDFILL SITE AT FLEMINGTON
~/! Mr. Jim Scarborough, Director of the Solid & Hazardous Waste Program in Region 4
~ of the U. S. Environmental Protection Agency, reported on an additional investigation
of the problem at the Flemington Landfill Site and stated that the people in that area
did not have a permanent and safe source of drinking water and also that there was an
environmental problem caused by the Landfill, and his Department would like to see some
corrective action and/or mitigation taking place.
Mr. Keith Casto, an Attorney in the Environmental Protection Agency Enforcement
Division of the Atlanta Office, reported that their purpose in appearing before the
Commission was not to establish fault or blame, but their interest was in':trying to
rectify what they considered to be both an environmental problem and a public health
problem. He stated that they were essentially interested in the Flemington residents
that were adversely affected having some sort of permanent drinking water supply and
also to mitigate or correct, if possible, some of the environmental problems caused
by the Landfill site.
County Attorney Jim Fox commented.
Comm. O'Shields moved to recess the meeting until 2:30 when the other persons
involved would be present.
Comm. Wright moved to go ahead and hear what the EPA representatives had to say. 0
The motion did not receive a second.
Comm. Gottovi seconded Comm. O'Shields motion and upon vote, the motion carried
as follows:
Voting Aye:
Absent:
Comm. Gottovi, O'Shields, Wright and Chm. Williams
Comm. Armistead
RECESS
Chm. Williams recessed the meeting from 1:40 p. m. until 2:25 o,'clock p. m.
FURTHER DISCUSSION ON FLEMINGTON LANDFILL SITE
t~ Mr. Keith Casto, Attorney with the EPA Enforcement Division, reported that they
! were here to talk about the contamination of the acquifer caused by the Landfill site.
He stated that their purpose was solely to talk about solutions to this problem and
that the legal basis for their presence was the Resource Conservation & Recovery Act.
Mr. Casto stated that Section 7002 of the Statute basically authorized the Agency
to proceed whenever there was an imminent and substantial endangerment to the health
or environment and they perceived that the New Hanover County Landfill was both. He
stated that if the solutions could not be worked out mutually in an amicable way,
the charge that they had would be to refer the matter to the Justice Department under
Section 7002 of the RECRA.
Mr. Casto then answered questions from the Commissioners and County Attorney
Jim Fox.
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Mr. Jim Scarborough commented further.
Comm. Wright moved that in the a~ce of any suggestions for solutions the meeting
be adjourned. The 'motion did not receive a second.
EXECUTIVE SESSION
Comm. Wright
Executive Session
follows:
moved, seconded by Comm. Gottovi; that the meeting be recessed to
to discuss possible litigation. Upon vote, the motion carried as
Voting Aye:
Absent:
Comm. Gottovi, O'Shields, Wright and Chm. Williams
Comm. Armistead
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MINUTES OF SPECIAL'MEETING, SEPTEMBER 11, 1979 (CONTINUED)
BREAK
Chm. Williams recessed the meeting for a break from 9:06 o'clock p. m. until
9:21 o'clock p. m.
PRESENTATION OF PROPOSAL FROM POST, BUCKLEY, SHUH & JERNIGAN
Mr. Jim Bell of Post, Buckley, Shuh & Jernigan introduced Mr. Phil Searcy, Secretary
of the firm, who in turn introduced Mr. Pete Maye, Project Manager, and Mr. Kevin Cooley,
Director of Solid Waste & Resource Recovery. Mr. Maye and Mr. Cooley made the presen~
tation for the Company and passed out copies of the prepared written proposal.
The following persons offered comments:
Mr. Ted Sampley'
Mrs. Jane Morse
Mrs. Cecelia Pleasants
Mayor Bob Sawyer of Wrightsville Beach
Mr. Phil Searcy
Mrs. Betty Scott
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Comm. Wright moved, seconded by Comm. O'Shields, to look over the material presented
by the Consultants and discuss it at the meeting on Monday. Upon vote, the motion
carried unanimously.
ADJOURNMENT
Comm. Wright moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
Chm. Williams adjourned the meeting at 10:20 o'clock p. m.
Respectfully submitted,
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Alyce B. Rusmisell
Clerk to the Board
MINUTES OF .REGULAR MEETING, SEPTEMBER 17, 1979
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ASSEMBLY
The New Hanover County Board of Commissioners met in
September 17, 1979, at 9:00 o'clock a. m. in the Assembly
Administration Building, Wilmington, North Carolina.
Regular Session on Monday,
Room, New Hanover County
Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi;
Claud O'Shields, Jr.; Vivian S. Wright; Chairman Ellen C. Williams; County Manager
George F. Cooper; County Attorney James C. Fox; and Clerk to the Board, Alyce B.
Rusmisell. No members were absent.
Chm. Williams called the meeting to order.
Rev. Robert G. Trache of St. John's Episcopal Church offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 4, 1979
Comm. Wright moved to approve the Minutes of the Regular Meeting of September 4,
1979, as presented.
Comm. Gottovi stated that she had a real problem with the part on Page 467
pertaining to the correction of the Minutes of the Regular Meeting of August 20,
1979, as she felt the comments did not actually correct those minutes, and stated
that she would like .the Clerk to listen to the tape of the meeting on August 20. 0
Comm. Gottovi moved that the portion of the Minutes (relating to the correction)
be deleted and that Mrs. Rusmisell listen to the tape and give an accounting of
what was finally decided about that project.
Comm.,Wright stated that she did not want her. comments deleted because she had
brought the matter up as she thought it needed some type of clarification but it
would probably be clarified later on in this meeting when the matter was discussed,
and since nothing was definitely d~cided there was really no problem.
Comm. Armistead stated that the record should show the matter was confused and
seconded Comm. Wright's motion for approval of the Minutes. Upon vote, the motion
carried unanimously.