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1979-09-11 Special Meeting - Flemington ~4 'fA I 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. o 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 476 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 o 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, ~.,6.I?~ Alyce B. Rusmisell Clerk to the Board MINUTES OF .REGULAR MEETING, SEPTEMBER 17, 1979 o 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.