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HomeMy WebLinkAbout1989-12-22 Special Meeting r" 7'66 MINUTES OF SPECIAL MEETING, DECEMBER 22, 1989 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Friday, December 22, 1989, at 9:00 A.M. in Room 501 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman W. Albert Corbett, Jr.; Chairman Fred Retchin; Acting County Manager, Mary I Gornto; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman Retchin called the Special Session to order stating the purpose of the meeting is to discuss the burn-pit at the New Hanover County Airport. DISCUSSION OF BURN-PIT AT THE NEW HANOVER COUNTY AIRPORT Director of Engineer & Facilities, Ed Hilton, presented background information on the 30' x 50' burn-pit located on approximately four (4) acres of land at the Airport. He stated the pit was constructed in 1968 and used as a fire training facility by the U. S. Department of Defense, the City of Wilmington Fire Personnel, the Cape Fear Community College Fire Training Program, and Airport Fire Personnel until 1979. Oil based petroleum products were burned in the pit during this period of time and in 1985 the County began a process to evaluate and dispose of the wastes in the pit; however, the State Land Application permit was denied. At a later date a federal program was established which utilized the services of the U. S. Corps of Engineers to evaluate and determine if sites formerly or currently being used by the military have existing pollution sources. The County and Corps of Engineers have been pursuing pollution sources on the airport property which are primarily related to underground storage tanks as well as the burn-pit. In I September 1989, notification was received from EPA that the burn-pit site has been placed on the national priorities list and that the County is one of five potentially responsible parties along with the City of Wilmington, Cape Fear Community College, CXS Railroad, and U. S. Department of Defense. CXS Railroad has been released from the list of potentially responsible parties due to federal regulations which state if any agency is involved with carrying a product to the site, but is not involved with burning of the product, that agency is not a responsible party. Director Hilton stated a meeting was scheduled among the potentially responsible parties immediately after notification from EPA with designation of the U. S. Corps of Engineers to become the lead agency in performing a Remedial Investigation and Feasibility Study; however, due to the earthquake in San Francisco, written authorization was never received from the Corps. The other three potentially responsible parties requested an extension of the Good Faith Offer deadline of December 12, 1989, with EPA granting an extension until December 22, 1989. Director Hilton commented on the Consent Agreement being executed by December 22, 1989, and expressed concern for the County executing an agreement and becoming solely responsible for the cost of the study. He recommended going into Executive Session to discuss the legal matters concerning the costs and I agreement. EXECUTIVE SESSION Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to convene to Executive Session to discuss legal matters pertaining to a contractual agreement and costs involved. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin convened to Executive Session at 9:19 o'clock A.M. ~ I I I MINUTES OF SPECIAL MEETING, DECEMBER 22, 1989 (CONTINUED) 767 ., Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman Corbett to reconvene to Regular Session. Chairman Retchin convened to Regular Session at 10:17 o'clock A.M. ADJOURNMENT Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the Special Session at 10:18 o'clock A.M. Respectfully submitted, ~d~ Lucie F. Harrell Clerk to the Board ~