1980-12-08 Special Meeting
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MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED)
ADDITIONAL ITEMS - COUNTY COMMISSIONERS" COUNTY MANAGER AND GENERAL PUBLIC (CONTINUED)
COMMENTS ON PROTECTION FROM FREEZING OF TEMPORARY WATER SUPPLIES AT FLEMINGTON
Mr. W. N. Jordan and Mrs. Eva Yates commented on the necessity of taking steps
to prevent the temporary water supplies at Flemington from freezing.
COMMENTS ON BURTON STEEL LITIGATION
The County Attorney commented on the status of the Burton Steel litigation.
ADJOU&.'-'MENT
Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that the meeting be adjourned.
Upon vote, the motion carried UNANIMOUSLY.
Chm. O'Shields adjourned the meeting at 12:10 o'clock a'.m.
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Respectfully Submitted,
~g,,.i?~
Alyce B. Rusmisell
Clerk to the Board
MItlUTES OF SPECIAL MEETING, DECEMBER 8, 1980
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Monday,
December 8, 1980, at 7:30 o'clock p.m. in the Assembly Room, New Hanover County
Administration Building, Wilmington, North 'Carolina.
Jr.; Jonathan Batfield;
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Jr.; County Manager
the Board, AlYCe/B.
Chm. O'Shields called the meeting to order and stated the reason for the special
meeting was to hold a public hearing to consider an application for Special Use
Permit to use property located northwest of Blue Clay Road, approximately 2700 feet
southwest of the intersection with Highway 132, ,for a Sanitary Landfill in an 1-2
(Industrial) District.
Members present were Commissioners Howard L. Armistead,
Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields,
George F. Cooper; County Attorney James C. Fox; and Clerk to
Rusmisell. 'No members were absent.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY
(APPROXIMATELY 201.8 ACRES) LOCATED NORTHWEST OF BLUE CLAY ROAD APPROXIMATELY
2700 FEET SOUTHWEST OF THE INTERSECTION WITH HIGHWAY 132 FOR A SANITARY LANDFILL
IN AN 1-2 (INDUSTRIAL) DISTRICT.
Notice had been given that a public hearing would be held by the Board of
Commissioners of New Hanover County on Monday, December 8, 1980, at 7:30 o'clock p.m.
in the Assembly Room of the County Administration Building, 320 Chestnut Street,
Wilmington, North Carolina, to consider an application for Special Use Permit to use
property northwest of Blue Clay Road for a Sanitary Landfill in an'I-2 District.
Chm. O'Shields outlined the procedures the Board wished to follow for Special
Use Permit hearings.
Planning Director Dexter Hayes gave the background information on the case and
stated that the Planning Board had reviewed this application at its meeting on
November 6 and failed to make a recommendation because of inadequate information
at that time. He reported that the effect of the non-action by the Planning Board should
be, ,d....med, as a favorable recommendation by the County Commissioners because they
failed to take action within the 30 day required ,period.
Chm. O'Shields called for the applicant's witnesses to make a statement and
Mr. Felix Cooper, County Manager, was duly sworn and presented background information
on the County's application for Special Use Permit. He then testified to the accuracy
of information presented by the Planning Director and answered questions from the
following persons:
Mr. Herb Scott, Attorney representing some people opposing the Special Use
Permit.
Comm. Gottovi.
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Mr. O. W. Strickland, Head of the Solid and Hazardous Waste Program for the
N. C. Division of Health Services, was duly sworn and gave testimony concerning the
State's involvement in the permitting process for the landfill. He stated that the
following restrictions had been placed on the permit for the temporary landfill site
on the Blue Clay Road:
726
MINUTES OF SPECIAL MEETING, DECEMBER 8, 1980 (CONTINUED)
PUBLIC HEARING TO CONSIDER AN APP~ICATION FOR SPECIAL USE PERMIT TO USE PROPERTY
(APPROXIMATELY 201.8 ACRES) LOCATED NORTHWEST OF BLUE CLAY ROAD APPROXIMATELY
2700 FEET SOUTHWEST OF THE INTERSECTION WITH HIGHWAY 132 FOR A SANITARY LANDFILL
IN AN I-2 (INDUSTRIAL) DISTRICT. (CONTINUED)
A. Filing of a certified copy of the permit with the Register of Deeds.
(This is required for all sites since 1973.)
B. Posting of the Solid Waste Permit Number on the entrance to the site.
The posture will include the statement that there will be no hazardous
waste accepted at the site.
C. The area where solid waste will be deposited will be limited to the
approximately 12 acres shown on the map.
D. The final 2 feet of cover will consist of clay with at least a 1 x 10-6
per second of permeability. This will prevent the entrance of water
into the waste.
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E. The site will be monitored on a routine basis by the Department of
Human Resources for at least a 5 year period.
F. Height of completed fill is not to exceed elevation of 48, or about
16 feet of actual waste on top of the ground.
G. Waste will not be deposited below existing ground levels.
A copy of the Solid Waste Management Permit is contained in Exhibit Book
VIII. Page 26.
Mr. Strickland then answered questions from the following persons:
Mr. Wade Pope
Mr. Herb Scott
Mr. Ron Gonzalez
Mr. William S. Funderburg
Mrs. Alice Gonzalez
Mr. Ron McIver
Mrs. Eva Yates
Mr. Walter Yates
Mr. Wilber Jordan
Comm. Barfield
County Manager Cooper
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Mr. Kevin Cooley, Principal Associate with Post Buckley, Schuh & Jernigan,
the consulting engineers for the landfill, was duly sworn and gave the background
of his company's participation in engineering the landfill site.
Chm. O'Shields asked if there was anyone present who wished to question
Mr. Cooley, and he answered questions from the following persons:
Mr. Ron McIver
BREAK
Chm. O'Shields recessed the meeting for a break from 8:42 o'clock p.m.
until 8:53 o'clock p.m.
PUBLIC HEARING - SPECIAL USE PERMIT'FOR SANITARY LANDFILL (CONTINUED)
Mr. Kevin Cooley presented slides of the proposed operational plan for
the landfill and answered questions from the following persons:
Mr. Ron McIver
, Chm. 0' Shields
Comm. Gottovi 0
Mr. William S. Funderburg
Mr. Wade Pope
Mrs. Darlene Anderson
Mrs. Margarette Dowdy
Mr. Ron Gonzalez
Mr. Leonard Marshall
Mr. Herb Scott
Chm. O'Shields then asked if there was anyone present to speak in '
opposition to the Special Use Permit, and the following persons appeared:
Mr. William S. Funderburg was duly sworn.
Mr. Archie Grady and Mrs. Sara Gladys Robinson were duly sworn and
answered questions pre~ented by Mr. Funderburg, the Commissioners and Mr.
Ron Gonzalez. '
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MINUTES OF SPECIAL MEETING, DECEMBER 8, 1980 (CONTINUED)
7.27
PUBLIC HEA.~ING - SPECIAL USE PERMIT FOR SANITARY LANDFILL (CONTIN"uED)
Mr. Funderburg then gave his testimony'in opposition to the Special
Use Permit and submitted 61 exhibits which he requested be labeled as
Opponent's Exhibit #1.
After discussion between the Commissioners and County Attorney, it
was determined that only the exhibits that constituted IT~tters 0' public
record of the New Hanover County Board of Commissioners were relevant and could
be made a part of the record and the rest of the information was only hearsay
evidence.
Mr. Funderburg then answered questions from the ~oard.
Chm. O'Shields asked if there was anyone else present to speak in opposition,
and Mrs. Alice Gonzalez stated that she wished for the record to show that there
were many other people present who opposed the Special Use Permit but they did
not have any testimony. The people >nlO were present to oppose the Special Use
Permit were asked to stand.
Attorney Herb Scott called Planning Director Hayes to testify. Mr. Hayes
wasduly sworn and answered questions from Mr. Scott who presented the following
respondent's exhibits:
R-I (Special Use Permit Application)
R-2 (Site Plan)
Mrs. Alice Gonzalez was duly sworn and answered questions from Attorney Scott.
Chm. O'Shields asked if there was anyone else present to speak in opposition,
and a list of names of people who opposerl the Special Use Permit and were pre~ent
at the meeting was submitted.
Comm. Armistead MOVED, SECONDED by Chm. O'Shields that this Special 'Use
Permit be granted.
COITJa. Gottovi requested that a condition of the permit be that the actual
landfill site be fenced so that it would not be possible for children wandering
in the woods or people hunting or other people to get on the site and put themselves
in a dangerous situation.
Comm. Blake suggested that fencing be considered for those areas that mi~ht
provide access.
Mr. Walter Yates commented.
Chm. O'Shields stated that he would have no objection in working with the
landfill operator to determine those areas that might need to be fenced in some
sort of way to hinder any access to the property either by children or by people
who might g~t in to dump illegally.
Comm. Gottovi clarified her request that site access would be limited by'
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fencing in appropriate areas and site would be posted with no tresspassing signs.
Comm. Blake also co~ented that he was still opposed to landfills but helhad
listened to everything that had taken place tonight and some of his questionsJhad
been answered and he, personally, felt better about the proposed landfill. n
Co~. Armistead clarified his motion that it was to approve the Special Use
Permit according to the state specifications plus the other condition agreed to
about fencing and posting signs.
The following persons offered additional comments:
Mr. Wade Pope
Mrs. Alice Gonzalez
County Attorney Fox
Mr. Leonard Marshall
the flllowing order Granting
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adopted by UNANIMOUS vote:
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the Special Use Permit
Planning Director Hayes read
into the record and the Order was
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728
MINUTES OF SPECIAL MEETING, DECEMBER 8, 1980 (CONTINUED)
PUBLIC HEARING - SPECIAL USE PERMIT FOR SANITARY LANDFILL (CONTINUED)
The'County Commissioners for New Hanover County having held a public
hearing on December 8, 1980 to consider application number S-160 11/80
submitted by Felix Cooper acting for New Hanover County, a request for a
special use permit to use the property'located at Blue Clay Road approximately
2700' southwest of intersection with Hwy. 132 for a Sanitary Landfill, and
having heard all the evidence and arguments presented at the hearing, makes
the following FINDINGS OF FACT and draws the following CONCLUSIONS:
1. The County Commissioners FIND as a FACT that all of the specific
requirements set forth in Section 72-13 of the County Zoning Ordinance will
be satisfied if the property is developed in accordance with the plans
submitted to the County Commissioners. These requirements are:
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1. No refuse shall be deposited and no building or structures
shall be located within 50 ft. of the nearest property line;
2. The operation of said landfill will be carried out in accord-
ance with the standards and procedures prescribed by the N.C.
Dept. of Human Resources.
2. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the first general requirement listed in the Ordinance; namely
that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and
approved. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
1. Disposal of waste above grade should prevent infiltration of,
pollutants into ground water.
2. Low permeability of soils should prevent ground water contam-
ination.
3. Site can be used as a temporary site without threat to public
health.
4. The absence of a means for temporary disposal of solid waste in
County would create a severe health hazard.
5. Site will be monitored for at least 5 years by State to insure
protection of public health and safety.
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3. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the second general requirement listed in the Ordinance; namely
that the use meets all required conditions and specifications. In support
of this conclusion, the Commissioners make the following FINDINGS OF FACT:
1. A sanitary landfill is a permitted use in the 1-2 district.
2. A 50 foot (minimum) buffer along property lines is provided,
therefore the requirements of Section 57-4 are satisfied.
3. All yard requirements of the 1-2 district (Section 57-4) are
satisfied.
4. Adequate parking for 5 employees at the landfill office is
provided, therefore the requirements of Sections 80 & 81 are
satisfied.
4. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the third general requirement listed in the Ordinance; namely
that the use is a public necessity.. In support of this conclusion the
Commissioners make the following FINDINGS OF FACT:
1. No alternative methods of waste disposal are available for
citizens of New Hanover County.
2. 250-300 tons a day of waste are produced in the County.
3. Severe health hazard would be created for general population
if means for disposal of solid waste is not available.
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5. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the ordinance; namely
that the location and character of the use if developed according to the plan
as submitted and approved will be in harmony with the area in which it is to
be located and in general conformity with the plan of development for New
Hanover County. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
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729
MINUTES OF SPECIAL MEETING, DECEMBER 8, 1980 (CONTINUED)
PUBLIC HEARING - SPECIAL USE PERMIT FOR ISANITARY LANDFILL (CONTINUED)
1. Area zoned 1-2 heavy indusJrial which purpose is to provide for
uses that would produce exdessive noise, odor, smoke, dust, air
borne debris, or any other lobjectionable characteristics which
might be'detrimental to th~ health, safety and welfare of surrounding
neighborhoods and/or communities.
2. Area has frontage along Seaboard Coastline railway which adjoins
North side Industrial Park on the west and is within an area planned
for Industrial development since 1972.
3. Area designated rural in accordance with the Land Classification Map
approved by the County Commissioners in May 1976. This is reflected
in the areas of low density development.
4. An objective of the County's Urban Growth Policy is to enable the
City of Wilmington and New Hanover County to deliver necessary basic
urban services in the most cost-effective manner. The introduction
of untreated industrial waste into the ground water is prohibited.
6. Therefore, because the County Commissioners conclude that all of the
general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT
have been satisfied, IT IS ORDERED that the application for the issuance of a
SPECIAL USE PERMIT be GRANTED, subject to the following conditions:
a) That the applicant shall fully comply with all of the specific
requirements stated in ,the ordinance for the proposed use, as well
as any additional conditions hereinafter stated.
b) If any of the conditions imposed by this special use permit shall be
held invalid beyond the authority of this Board of Commissioners by
a court of competent jurisdiction then this permit shall become void
and of no effect.
c) Other: That the landfill operation conform to all Federal and State
rules and regulations.
d) That site access be limited with fencing installed in appropriate areas.
e) That the site be posted with no trespassing signs.
Ordered this 8th day of December, 1980.
ADJOURNMENT
Chm. O'Shields declared the,meeting adjourned at 10:56 o'clock p.m.
Respectfully submitted,
~.6.A'~
Alyce B. Rusmisell
Clerk to the Board
MINUTES OF REGULAR MEETING, DECEMBER 15, 1980
ASSEMBLY
The New Hanover CountyiBoard of Commissioners met in Regular, Session on,
Monday, December 15, 1980, at 9:00 o'clock a.m. in the Assembly Room, New
Hanover County' Administration Building, Wilmington, North Carolina.
Members present were Commissioners Howard L. Armistead, Jr.; Jonathan Barfield;
Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.; County Manager
George F. Cooper; County Attorney Jarres C. Fox; and CLerk to the Board, Alyce B.
Rusmisell. No members were absent.
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Chm. O'Shields called the meeting ~o order.
Rev. Billy Peele of Wrightsboro unJted Methodist Church offered the invocation.
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APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 1, 1980
Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the Minutes of the
Regular Meeting of December 1, 1980, wete UNANIMOUSLY approved as presented.
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