1990-07-09 Public Hearing
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MINUTES OF PUBLIC HEARING, JULY 9, 1990
ASSEMBLY
The New Hanover County Board of Corruuissioners held a
Public Hearing on Monday, July 9, 1990, at 7:30 o'clock P.M.
in the Cafeteria of Myrtle Grove Middle School, 901 Piner
Road, Wilmington, North Carolina.
Members present were: Corruuissioners Jonathan Barfield,
Sr., Robert G. Greer; E. L. Mathews, Jr.; Nolan 0' Neal;
Chairman Fred Retchin; County Manager, Allen O'Neal, County
Attorney, Robert W. Pope; and Deputy Clerk to the Board,
Joyce B. Bragg.
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Chairman Retchin called the meeting to order stating
the purpose of the Public Hearing was to receive public
input on the proposed Solid Waste Collection Ordinance and
Franchise agreement.
PRESENTATION OF CITIZEN'S SOLID WASTE TASK FORCE PROPOSALS
FOR DEVELOPMENT OF A PLAN FOR FRANCHISING AND MANDATING
REFUSE COLLECTIONS
Mr. Tom 0' Connell, a member of the Citizen's Solid
Waste Task Force, presented background information regarding
the short and long range proposals for handling the County's
solid waste and protecting the landfill. He emphasized the
final report from the Task Force presented to the County
Corruuissioners on December, 1987 with the following
recorruuendations:
1.
2.
. 3.
4.
5.
6.
7.
8.
To increase the capacity of the Steam Plant
Weekly collections to make garbage pick-up more
economical.
Mandatory collection - complaints from citizens
about illegal dumping in areas of the County.
Franchise System by bids
Law Enforcement (requested 2 Sheriff deputies,
presently have one deputy)
Installation of scales at the Landfill
Recycling Program
Extend operating hours of the Landfill
Chairman Retchin expressed appreciation to Mr.
O'Connell and the Citizen's Solid Waste Task Force for their
efforts.
STATUS OF TRASK DEMOLITION LANDFILL CLOSING
Chairman Retchin advised that Mr. Bill Morris of North
Carolina Solid Waste Management stated the Trask Landfill
was a non-conforming, non-permitted and an illegal site
subject to state standards and the site will be closed. The
landowner will be required to develop a closure plan and the
State will write a compliance order and formal notice. The
Department of Environmental Management is now sampling the
groundwater in the area and hopefully there has been no
seepage, however they will be investigating.
.
PRESENTATION OF LEGAL AUTHORITY FOR THE COUNTY TO FRANCHISE
AND MANDATE REFUSE COLLECTIONS
County Attorney Robert W. Pope explained that in
studying the plans of the County Corruuissioners, he found
that the plan as proposed by the County Corruuissioners is a
valid, legal manner in which to accomplish the goals that
have been set forth. New Hanover County and all counties
are agents of the State of North Carolina. The Power and
authority that a County has is a power and authority that is
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granted to them by the State Legislature. Counties must do
those things as mandated by State law and may do those
things that State law provides that it may do. The Board of
Commissioners is definitely authorized to enact an ordinance
governing the disposal of solid waste in New Hanover County
and to make it unlawful to discard waste or place waste
unless it is placed in a designated location or container
for removal by a specific trash service collector.
Violators of this action are to be fined if found guilty of
a misdemeanor. Also the State Statutes provide that a Board
of Commissioners, by ordinance, may regulate the collection 0,
and disposal of solid waste by taking any of the following
action:
1. Regulate activities of persons,
corporations, both public and private.
firms,
or
2. Require each person wishing to collect solid waste
to secure a license from the County and for the County to
prohibit those without a license from collecting.
3. The County may grant exclusive franchise to one or
more persons to collect solid waste within all or a defined
portion of the County and prohibit any other person from
collecting in that area.
4. The County may also regulate the fees that may be
charged by those persons that the County has franchised to
make such collections.
County Attorney Pope addressed concerns of citizens
that certain people who are presently engaged in the
collection of garbage may be "put out of business" by the
County's action and concerns of whether or not this would be
taking a property right from an individual. He stated they
will be "put out of business", but the courts in this state 0
have determined in recent cases that even the terminating of _
a franchise that has been granted by a governing body is not
a taking that requires compensation. Under our law every
act or happening that commits injury to a person or to a
person's property is not an act that is compensable because
of such act. In the case where this was determined, the
people did at one time have a franchise and lost it. In New
Hanover County's situation, the people that would lose a
right do not have a franchise. They have no property right
in the collection of garbage at this time.
The last item of legal concern is the possible
violation of the anti-trust law. Mr. Pope reiterated that
the Legislature of North Carolina has provided that the
County may legally take the action that is proposed.
PRESENTATION OF PLAN FOR FRANCHISING AND MANDATING REFUSE
COLLECTIONS
County Manager Allen 0' Neal presented background
information with recommendations as requested by the County
Commissioners for the County's plan for franchising and
mandating refuse collections. He emphasized information
regarding the proposed ordinance and franchise agreement,
announcing the following haulers are being considered as
franchisees:
o
Waste Industries
Waste Management
A-1
A & M
Castle Hayne
Mr . 0 ' Ne a 1
answer questions
reviewed the fact sheet information to
as to why franchise and mandated refuse
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collections are necessary and what the
mandating of refuse collections mean to
unincorporated area of New Hanover County.
franchising
residents of
and
the
A copy of the Fact Sheet: Franchising and Mandatory
Colections for the Unincorporated Area of New Hanover
County, is hereby incorporated as part of the minutes and is
contained in Exhibit Book XVIII, page 18.
PUBLIC HEARING
Chairman Retchin opened the public hearing stating the
purpose of the Public Hearing was to allow time for citizens
to ask questions, get answers and for the Commissioners to
listen to public concerns. He asked anyone present who
wished to comment and ask questions to use the podium and
microphone provided. The following citizens appeared to
comment:
.
-.
.
Tom McEachern
Floyd Lucas
R. F. Carter
Joan Frenson
Walter Koberger
Joe Patterson
Charles Edwards
Merle C. Neal
Robert Kendrick
Fred Floyd
Shelva Byrd
Jack Morgan
John Benson
Robert Baker
Mary Bakas
Sherry Merrill
Harold Pate
Carl Caulder
John Kringerbold
Vernon Stokes
The citizens complained of the lack of advertisment of
the Public Hearing. The following is a synopsis of the
citizen comments, suggestions and questions:
1.
2.
3.
4.
5.
6.
. 7.
The County should offer a discount to the elderly.
Most of the Citizens were again t "Mandatory".
How would the County enforce "Mandatory" trash
collection?
Citizens desire free enterprise -- they want to
chose their own hauler.
Citizens were concerend about trash haulers not
required to go down one lane roads.
A comment from one citizen was that the County
should operate trash collections.
Citizens suggested exceptions to "Mandatory"
collections for those proving they use private
dumpsters in other locations or other means of
taking care of their trash.
8. Citizens suggested the County to encourage
recycling.
9. Citizens were concerned that haulers would not be
required to pick up everything, i.e. old appliances
and mattresses.
Chairman Retchin thanked the citizens for their
interest and participation in the Public Hearing, stating
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the Commissioners will take everything that was said into
consideration.
ADJOURNMENT
Chairman Retchin adjourned the Public Hearing at 9: 20
o'clock P.M.
Respectfully submitted,
Joyce B. Bragg
Deputy Clerk
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