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1980-09-26&29 Special Meeting 666 MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1980 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON PROPOSAL FOR USE OF CAROLINA BEACH LANDFILL SITE (CONTINUED) It was agreed that the County would pursue an extension for use of the present County landfill site adjacent to the Carolina Beach site until a permanent method of solid waste disposal could be worked out. COMM. GOTTOVI TO ATTEND COASTAL ZONE '80 MEETING IN FLORIDA Comm. Gottovi informed the other Commissioners that she was planning to attend the Coastal Zone '80 meeting in Hollywoo~ Florida in November, DISCUSSION ON PLANNING BOARD APPOINTMENT Comm. Gottovi inquired as to the status of the appointment to the Planning Board, and Comm. Armistead reported that the individUal had not yet returned his call. ' ADJOURNMENT Comm. Armistead moved, seconded by Comm. Morgan, that the meeting be ad- journed. Upon vote, the motion carried unanimously. o Chm. Williams adjourned the meeting at 11:57 o'clock a. m. Respectfully submitted, ~,($.~~ Alyce B. Rusmisell MINUTES OF SPECIAL MEETING, SEPTEMBER 26 AND SEPTEMBER 29, 1980 The New Hanover County Board of Commissioners met in Special Session on Friday, September 26, 1980, at 8:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. Cooper; Attorney Fred Davenport of the County Attorney's Office; and Clerk to the Board, Alyce B., Rusmisell. No members were absent. o Chm. Williams called the meeting to order and stated the purposes for which the Special Meeting had been called. ADOPTION OF RESOLUTION ACCEPTING ADAP-07 GRANT AGREEMENT Airport Manager R. C. Shackelford, Jr., appeared before the Board to explain and answer questions on the grant offer in the amount of $388,661 from funds ap- propriated under the Airport and Airway Development Act of 1970. Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, THE RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION OF GRANT AGREEMENT FOR PROJECT NO. 6-37-0084-07 BETWEEN THE UNITED STATES OF AMERICA AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA, was unanimously adopted. A copy of the Resolution and Grant Agreement are contained in Exhibit Book' VIII, Page 15. APPROVAL OF CHANGE ORDER FOR LIBRARY CONSTRUCTION PROJECT Mr. John R. Jefferies, Architect for the Library Construction Project, appeared before the Board to explain Change Order G-4 to the contract with T. A. Nye & Sons, Inc. which increased the Contract amount by $26,821 and recommended approval by the Board. Comm. Gottovi MOVE~SECONDED by Comm. Armistead, to approve Change Order G-4 0 to the Library Construction Project as recommended and increase the Interest on Investments Account in the Library Capital Project Fund in the amount of $26,821 and add to the Construction Contract $26,821. Upon vote, the motion carried un- animously. A copy of the Change Order is on file in the County Manager's Office. BUDGET, AMENDMENT - PROPERTY MANAGEMENT Comm. O'Shields MOVED to approve the amendment in the Property Management bud- get to record additional funds available for the renovation of the Lucille Shuffler Building. o o o 667 MINUTES OF ,::;PECIAL MEETING, SEPTEMBER 2.6,_~d SEPTEMBER 29, 1980 ,(CONTINUED) BUDGET AMENDMENT - PROPERTY MANAGEMENT (CONTINUED) Comm. Gottovi explained that an additional sum of almost $3,000 came from the State grant and SECONDED Comm. O'Shields motion for approval of the following budget amendment: Debit - Acct. tll 350 49, State Grant - Multi-Purpose Center Acct. tll 356 00, Services for the Aging Credit - Acct. tll 535 15, M & R - Building & Grounds $1,844 1,105 $2,949 Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Gottovi, Morgan, O'Shields and Chm. williams Comm. Armistead DISCUSSION ON SOLID WASTE DISPOSAL PROBLEMS County Manager Cooper reported on the discussion that he and Chm. williams had with Under Secretary of the Army, Harold Johnson, at the Pentagon on September 25, 1980, and the Corps of Engineers' ,denial of the County's request to extend the permit to use property owned by the Corps in the southern part of the County for a landfill. After discussion on how to solve the problem that the County was going to face on September 30 when the landfill would be closed, Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to direct the County Manager and County Attorney to take what- ever steps were necessary to ask for a stay from the Army.s ,order to vacate the prem- ises in whatever fashion it would take to get it before a Federal judge for a tem- porary restrainipg order. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Morgan, O'Shields and Chm. Williams Comm. Gottovi Comm. Gottovi stated for the record that she was voting "noe" because she thought it was important that the Commissioners have a chance to sit down and talk with the people at Carolina Beach before they took that action. Comm. O'Shields suggested and MOVED that one possible solution would be to go back and try to pick up some additional acres on the back side of Flemington and go back in there if the State would grant that peon~ion and' redesign the back acres of the Flemington site,and that would mean the ,county'wouid not have to put out the tremendous amount of money for lan~i~cquisition or be going in to any new land from the standpoint of anywhere else"{Ii'the County, and continue to work with the long range study and recommendations that would be coming to the Board on what was felt like was the salvation of the solid waste program of the people in New Hanover County dealing with solid waste. Comm. Armistead SECONDED Comm. O'Shields motion and stated that he thought that the big objection to the County's using Flemington was the fact that there was dif- ficulty with the water supply, and he was not sure in his own mind that the difficulty in that water supply was all the fault of the landfill; that the County was getting in a position to furnish water to the residents of Flemington and he felt like that would remove the big objection to the landfill,over there,and he thought that the most reasonable thing the County could do would be to pursue the effort of going back into Flemington and re-engineering the acreage behind the present landfill and that was the reason he was seconding the motion. Comm. Gottovi stated for the record that she was totally opposed to any such move to go back into Flemington for any landfill purposes; that the County was involved in several lawsuits in regard to the Flemington landfill ,- one of them by the Depart- ment of Justice in behalf of ,the Environmental Protection Agency; that she thought it would be foolhardy to jeopardize the County's position in those lawsuits or to further harrass the citizens of Flemington. She stated that her main objection was the same objection she had had the whole time the County had been in that site - the soils were inadequate - they were nothing but sand; that there was no clay; there was no loam; there was no organic matter in those soils. She stated further that in order to con- struct a landfill that would meet current:specifications for the land such as Flemington, it would have to be completely lined with:a totally non-porous material; a slurry wall would have to be constructed all around t~e perimeter of the site; that if you went to close it you would probably have to cover lit with asphalt. She stated that she would rather see the County's construction efforts go in a little more positive vein than to do something like that and that she ju~t totally opposed any move to go back to Flemington. : Comm. Morgan stated that she would like to include that the County continue work- ing with Brunswick and Columbus Counties seeing if they could help out on a temporary measure until we could get incineration if that was what the consultants were going to come in with for a permanent solution on a long-term basis. 668 MINUTES OF SPECIAL MEETING, SEPTEMBER 26 AND SEPTEMBER 29, 1980 (CONTINUED) DISCUSSION ON SOLID WASTE DISPOSAL PROBLEMS (CONTINUED) Carom. Armistead called for the question, and the following vote was cast. Voting Aye: Voting Noe: Comm. Armistead, O'Shields and Chm. Williams Comm. Gottovi and Morgan Upon vote, Comm. O'Shields motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, O'Shields and Chm. Williams Comm. Gottovi and Morgan The following persons commented: o Mr. Ted Sampley Mr. Don Blake Mr. Robert Coleman, City of Wilmington Mr. S. L. Doty, Mayor of Kure Beach Comm. Gottovi MOVED to try to communicate with the leaders of the municipalities within the County to come up with a solution. Chm. Williams made a sUbstitute MOTION that it,be publicized quite openly that there would be a meeting in the Assembly Room Monday afternoon at 2:00 to discuss the problem of solid waste with the State. The motion did not receive a second. Comm. Morgan SECONDED Comm. Gottovi's motion but withdrew the second after further discussion. Chm. Williams stated for the record that she was extremely glad the State was sending someone to talk to the Commissioners and that if the municipalities knew that they were going to be here they were most welcome to come and participate. Mr. Donald Fox of Carolina Beach commented. Mr. Ted Sampley commented. EXECUTIVE SESSION Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to recess the meeting to 0 Executive Session to discuss personnel matters and that the discussion be liIilited only to the five members of the Commission. Upon vote, the motion carried un- animously. Chm. Williams recessed the meeting to Executive Session at 9:20 o'clock a. m. Chm' Williams reconvened the meeting to Public Session at 10:35 o'clock a. m. MEETING RECESSED TO MONDAY, SEPTEMBER 29, 1980 Comm. O'Shields MOVED to recess the meeting until 2:00 o'clock p. m. on Mon- day, September 29, 1980, at which time the Board would meet with O. W. Strickland of the State Solid Waste & Vector Control Office. Comm. Gottovi requested that Comm. O'Shields include in his motion that the municipalities be informed of the meeting and that they be invited to attend. Comm. O'Shields accepted that addition to his motion.,' 'It was SECONDED by Comm. Armistead and upon vote carried unanimously. Chm. Williams recessed the meeting from 10:35 o'clock a. m. on Friday, Sep- tember 26, 1980, until 2:00 o'clock p. m. on Monday, September 29, 1980. RECO~NING OF SPECIAL MEETING, SEPTEMBER 26, 1980, CONTINUED TO SEPTEMBER 29, 1980 The New Hanover County Board of Commissioners reconvened the Special Meeting of Friday, September 26, 1980, at 2:00 o'clock p. m. on Monday, September 29, 1980, 0 in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Janet S. Morgan; Claud O'Shields, Jr.; County Manager George F. Cooper; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. Chairman Ellen,C. Williams was absent. Vice-Chm. Gottovi called the meeting to order. Comm. O'Shields offered the invocation. o o o MINUTES OF SPECIAL MEETING, SEPTEMBER 26, 1980 AND SEPTEMBER'29, 1980 (CONTINUED) 669 DISCUSSION ON SOLID WASTE DISPOSAL PROBLEMS Vice-Chm. Gottovi introduced,Mr. O. W. Strickland, Head of the Solid Waste and Vector Control Division of the N. C. Department of Human Resources, and his Assistant, Mr. Gordon Layton. Vice-ChID. Gottovi then turned the meeting over to County Manager Cooper to give a brief rundown on where the County was in the solid waste disposal situation. County Manager Cooper and County Attorney Fox explained the procedures involved in the lawsuit filed against the Corps of Engineers requesting the Court to keep,the Corps of Engineers and the Department of the Army from closing the landfill on Sep- tember 30. Vice-Chm. Gottovi asked the representatives from the municipalities present to explain how they intended to handle the situation when the landfill closed on Sep~ tember 30, and the following persons commented: Mayor Ben Halterman, City of Wilmington Mayor Ted Seawell, Town of Carolina Beach Mayor Robert Sawyer, Town of Wrightsville Beach County Manager Cooper reported on alternatives to the immediate problem. Vice-Chm. Gottovi summarized where the County stood at that'point. Mr. O. W. strickland commented. BREAK Vice-Chm. Gottovi recessed the meeting for a break from 2:52 o'clock p. m. until 3:08 o'clock p. m. DISCUSSION ON SOLID WASTE DISPOSAL PROBLEMS (CONTINUED) Mr. O. W. Strickland reiterated the willingness of his Department to help New Hanover County find a solution to the solid waste problems. The following persons offered comments. Mrs. Kelker of Castle Hayne Trash Service Mr. Robert Lewis; Carolina Beach Mayor S. L. Doty, Kure Beach Mr. Walter Yates, Flemington ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, Gottovi, Morgan and O'Shields Chm. Williams Vice-Chm. Gottovi adjourned the meeting at 3:29 o'clock p. m. Respectfully submitted, ~;l$,/?~ Alyce B. Rusmisell Clerk to the Board MINUTES OF SPECIAL MEETING WITH PLANNING BOARD, OCTOBER 3, 1980 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session with members of the New Hanover County Planning Board on Friday, October 3, 1980, at 8:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building. Members present were Commissioners Karen E. Gottovi; Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. Cooper, Attorney Wallace Murchison of the County Attorney'~ Office; and Clerk to the Board Alyce B. Rusmisell. Carom. Howard L. Armistead, Jr: was absent. Planning Board members present were Mr. Richard Sniffen, Acting Chairman. I ~r. I Larry Flowers, Mr. Charles Hollis and , , Chm. Williams called the meeting to order at 8:38 o'clock a. m. (The meeting was delayed in anticipation of the arrival of the 4th member of:the Planning Board.) Chm. Williams stated that the joint meeting had been called to consider a Special Use Permit for a Sanitary Landfill on property owned ~y New Hanover County off of the Blue Clay Road in an I-2 Zoning District.