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1993-11-12 Special Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS SPECIAL EMERGENCY MEETING, NOVEMBER 12, 1993 BOOK 23 PAGE 808 ASSEMBLY The New Hanover County Board of Commissioners met in a Special Emergency Session on Friday, November 12, 1993, at 10:15 A.M. ln the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the Special Session to order and announced the Emergency Session has been called to discuss the pending lawsuit filed by Waste Management, Inc. He requested a motion to convene to Executive Session. EXECUTIVE SESSION Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to call an Emergency Executive Session to consult with the County Attorney about a pending lawsuit filed by Waste Management, Inc. Other than the County Manager, County Attorney, and Clerk to the Board, the following Staff Members were requested to attend the Executive Session: Assistant County Attorney, Andrew Olsen; Assistant County Manager, Dave Weaver; Finance Director, Andrew J. Atkinson; Director of Environmental Management, Ray Church; Recycling Manager, Tim Cole; and Environmental Specialist, Dennis Burke. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Special Session to Executive Session at 10:16 A.M. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to reconvene to Special Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Special Session at 11:20 A.M. Chairman Greer reported the County Commissioners have been consulting with the County Attorney about the lawsuit filed by Waste Management, Inc. and the temporary restraining order issued in favor of Waste Management, Inc. He commented on the possibility of reducing the tip fee at the Incinerator and requested the Director of Environmental Management, Ray Church, to address this matter. Director Church recommended reducing the current tip fee of $60 per ton to $25 per ton in order to level the playing field and give the other haulers an opportunity to provide the same level of service. The question to answer is whether or not the County will begin receiving waste from Waste Management, Inc., which is currently being carried to Sampson County. Also, at the reduced tip fee, there may be additional tonnages coming from other sources within the County as well as from outside areas. Commissioner Caster inquired as to the difference in revenues generated with the loss of tonnage and the proposed reduction in the tip fee? Director Church reported at $25 per ton with 58% of the year remaining with a projected tonnage of 145,000 tons per year, the revenues are projected to be $2,102,500 compared to the $60 per ton rate which would have generated revenues in the amount of $5,046,000. Vice-Chairman Mathews stressed the importance of the other haulers being able to compete and concurred with the recommendation for reduction of the tip fee from $60 per ton to $25 per ton. NEW HANOVER COUNTY BOARD OF COMMISSIONERS SPECIAL EMERGENCY MEETING, NOVEMBER 12, 1993 BOOK 23 PAGE 809 Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to reduce the tip fee from $60 per ton to $25 per ton through the current fiscal year. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager O'Neal requested appropriation of funds for the difference in the reduced tip fee from the General Fund into the Environmental Management Fund in order to cover all financial accounting requirements. Finance Director, Andrew J. Atkinson, reported since the figures are unknown at this time, Staff will work with the Director of Environmental Management to prepare a Budget Amendment. Director Church commented on special tip fees, such as $12 per ton for concrete and $24 per ton for shingles, and recommended applying the same percentage reduction to these fees. Also, a date should be established for the reduced rates to go into effect. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to apply the same percentage reduction to all special tip fees with all reduced rates to become effective November 15, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported on the loss of tonnage as a maj or concern for generation of revenues to operate WASTEC and stated this could result in a tax rate increase of five cents. Motion: Vice-Chairman Mathews stressed the importance of informing the public correctly about the facts and figures at the WASTEC Facility and MOVED to direct Staff to prepare an ad to be published in the newspaper. The MOTION WAS SECONDED by Commissioner Barone. The floor was opened for discussion. Commissioner Sisson commented on this being a very complex facility and stated Waste Management, Inc. has portrayed this matter as a simplistic issue. This is not a simple issue and the public needs to know the facts and figures; therefore, he is in favor of a published ad. Commissioner Caster agreed and requested that facts be presented not only on incineration, but on recycling, disposal of yard waste and future policies for solid waste disposal. Upon vote, the MOTION to run an ad in the newspaper was UNANIMOUSLY ADOPTED. Chairman Greer commented on the State and Federal guidelines that must be met with disposal of solid waste and stated the County has met these requirements through incineration which disposes of solid waste in an environmentally sound way. He reported the County has been working with the haulers for a long time to resolve matters of concern. On August 16, 1993, a joint meeting was held with the haulers and positive discussion was held on the best methods to pursue in disposing of solid waste. At this meeting, Mr. Chris McKeithan, President of Waste Management, Inc., reported 40% of the cost of doing business was the tip fee; therefore, it will be interesting to see how Waste Management, Inc. responds to reducing the tip fee by more than 50%. Unfortunately, the financial burden will rest on the taxpayers of New Hanover County. Commissioner Caster reported after attending the August 16, 1993, meeting he was of the opinion that everyone was in agreement with the direction of the County. It is difficult for him to believe that today, the County has been placed in this position. Commissioner Barone agreed with Commissioner Caster and reported the Commissioners tried to avoid a situation of this type from occurring. NEW HANOVER COUNTY BOARD OF COMMISSIONERS SPECIAL EMERGENCY MEETING, NOVEMBER 12, 1993 BOOK 23 PAGE 810 ADJOURNMENT Chairman Greer expressed appreciation to Staff for the time and effort given to address this matter and adjourned the meeting at 12:00 Noon. Respectfully submitted, Lucie F. Harrell Clerk to the Board