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1990-07-09 Public Hearing 131 ~ 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. . 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 ~ ( 132 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 ~ ~ 133 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 ~ ~ ( :r3,4 ~ 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 () () o