Loading...
2004-02-16 Water & Sewer NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARDBOOK 3 REGULAR MEETING, FEBRUARY 16, 2004PAGE 61 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on Monday, February 16, 2004 at 11:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; District Commissioner Julia Boseman; District Commissioner Ted Davis, Jr.; District Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the District Board, Teresa P. Elmore. Chairman Caster called the meeting to order. CONSIDERATION OF ORGANIZATIONAL CHANGES IN THE ENGINEERING DEPARTMENT AND WATER AND SEWER DISTRICT Chief Project Engineer Thompson said as discussed in the Regular Meeting, the District Board’s approval is needed for the reorganization of the Engineering Department. The changes include the reclassification of two positions affecting the Water and Sewer District. He recommended that the Water and Sewer District Board authorize the positions of Deputy County Engineer and Engineering Technician. The Deputy County Engineer will be responsible for the department in the absence of the County Engineer. Chairman Caster said that the personnel of the Engineering Department performs the work for the Water and Sewer District as well as other capital projects in the County. The salaries are pro-rated between the two organizations. He called for a motion to approve. Motion: District Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to authorize the positions of Deputy County Engineer and Engineering Technician for the Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY NON-AGENDA ITEMS Chairman Caster announced that time had been reserved for anyone from the public to present an item that was not listed on the Regular Agenda. He requested all persons to limit their remarks to three minutes. No comments were received. APPROVAL OF MINUTES Chairman Caster called for a motion to approve the minutes of the January 20, 2004 meeting. Motion: Vice-Chairman Greer MOVED, SECONDED by District Commissioner Boseman, to approve the minutes of the meeting held on January 20, 2004, as presented by the Clerk to the District Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF LEASE FOR THE RENTAL OF WATER TANK AT VETERANS PARK Deputy County Attorney Kemp Burpeau reported that Cingular Wireless has proposed leasing tower space for cellular phone purposes for an initial five year period, at an annual rental of $21,600. County staff has required utility service to the site be placed underground, and fencing be approved by staff for appearance and location. Two major concerns addressed were to make sure the electrical equipment would not interfere with the County’s telemetry equipment and that any improvements placed on the site should meet the aesthetics of the park and school. At the conclusion of the lease, Cingular has agreed to conduct any necessary site restoration. If the Board approves the lease, Deputy County Attorney Burpeau asked that the County Engineer and County Attorney be authorized to make final approval of the contract. He wanted to include a provision in the contract to further limit or restrict the subdividing of the lease and to limit the terms of the lease to 15 years. The site is County NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARDBOOK 3 REGULAR MEETING, FEBRUARY 16, 2004PAGE 62 owned but will be transferred to the schools in about 15 years. At that time, the County and the Schools will need to decide on the leasing arrangement for Cingular. He recommended that the Board approve the lease, but allow only one and two term extensions. Chairman Caster asked if Cingular’s antennae and the County’s telemetry system were the only communication equipment on the tower. Mr. Blanchard responded that Cingular would be the first to lease the tower, but the County will allow others. The County would have first priority as far as interference occurring at the site, Cingular would have second priority, and so forth as subsequent lease agreements are initiated. Chairman Caster commented on the lease agreement being a win-win situation for the County and Cingular. The lease payments of $26,000 per year will cover the cost of maintenance for the water tank and Cingular will not have to buy property or build a tower for its operation. Vice-Chairman Greer asked whether a recently adopted County ordinance limits the height of structures or whether any FAA regulations will affect the use of the tower. County Engineer Blanchard responded that the ordinance applies to structures within a certain distance of the airport. The FAA will need to issue a permit before Cingular installs the antennae, but neither regulations should be a factor in the southern part of the County. Only small antennas will be located on the tower Commissioner Pritchett asked whether the additional provisions were acceptable to Cingular. Deputy County Attorney Burpeau responded that the company had been flexible in the negotiations and he did not expect any problems with the additional provisions. However, the lease agreement would be brought back to the Board if Cingular had any concerns. Motion: District Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer, to approve the lease agreement with Cingular Wireless for space on the water tank at Veterans Park for cellular phone purposes. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF REQUEST FROM CHRISTOPHER JOHNS, PRESIDENT OF CP PLUS, LLC, OWNER OF RUCKER JOHNS RESTAURANT, FOR REIMBURSEMENT OF DEVELOPMENT FEES County Engineer Wyatt Blanchard reported that the Monkey Junction area was provided sewer service in the early 1990s, but it was not scheduled to be built until 2006. To allow the sewer service earlier than planned, the District Board approved a development fee of $1.50 per gallon to pay for a main interceptor trunk line and pump station at a cost of more than $3 million. The fee is charged to any new development which requires a building permit or mobile home permit within the District on or after July 1987. The fee is based on criteria developed by the State for different types of businesses and is based on the square footage of the commercial property or the number of seats available in the restaurant, which ever is greater. County Engineer Blanchard said that Christopher Johns, President of CP Plus, LLC and owner of the Rucker Johns Restaurant in the Monkey Junction area, has requested that a $12,000 development fee be reimbursed. His reasoning is that the new location would not be a new development since Rucker Johns has been an established business in the area since the early 1990s. According to the regulations, a building permit is required for a new location. A development fee or impact fee is not transferred with a business but remains at the site location. Based on current policies and procedures and the fact that other businesses have paid the fees when moving to new locations in the area, County Engineer Blanchard recommended denial of the request for reimbursement. Chairman Caster stated that in the discussion at the Thursday staff meeting, he had misunderstood the purpose NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARDBOOK 3 REGULAR MEETING, FEBRUARY 16, 2004PAGE 63 of development fees. The fees were approved in September 1992 before he was a member of the Board. Now he understands that these fees were collected for the sewer interceptor project at Monkey Junction. County Engineer Blanchard further explained that development fees and impact fees were collected for two separate sewer projects. Impact fees were enacted for the construction and expansion of the treatment plant and development fees were implemented for the repayment of sewer interceptor and pump station projects that were built ahead of schedule for a specific area. If another restaurant moves into the old space of Rucker Johns, the new owner will not be charged a fee, unless the dining room is enlarged to seat more people. The sewer schedule shows the Monkey Junction area getting sewer in 2008. At that time, the County will no longer collect development fees for that specific area. Vice-Chairman Greer explained that some developers were willing to pay for the construction of the project and the County collects the fees to pay for it. This is how parts of the County receives sewer ahead of schedule Mr. Chris Johns of Rucker Johns spoke on having to pay impact fees of $30,000 and development fees of $12,000 for his new location. He was unable to get a response from County staff as to why he had to pay the development fees when Rucker Johns had paid the fees in 1992. Since he was not leaving the area, he did not think he should have to pay the fees again or at least he should be given a credit. After hearing the discussion by the Board and Staff, he understands the reasoning. He would not want the Board to release fees for him that others had to pay. He expressed appreciation for the explanation and thanked the Board for the nice compliments about the restaurant. Chairman Caster commented that as a business owner who has gone through the process of constructing new buildings, he had empathy for Mr. Johns. Although he would like to help, the Board must do what is right for everyone according to the law and policies of New Hanover County. Motion: District Commissioner Pritchett said in order to treat everyone equally, she MOVED, SECONDED by Vice- Chairman Greer, to deny the request for reimbursement of development fees for the new location of Rucker Johns Restaurant. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF RESOLUTION TO ACCEPT PUBLIC DEDICATION FROM FOX RUN FARMS SUBDIVISION FOR WATER AND SEWER PURPOSES County Engineer Wyatt Blanchard stated that the County has received a request for sewer service for a small subdivision adjacent to Navaho Trail. In order to provide the sewer service, it will be necessary to construct a sewer line through the open space of Fox Run Farms parallel to an existing power line easement. The County Attorney has determined that the District may accept designated open space for the purpose of water and sewer construction. After the developer installs the sewer line, the utility will be given to the County. The County plans to install a main interceptor through the same area. He recommended adoption of the resolution which will allow the District to accept open space in Fox Run Farms for water and sewer purposes. Chairman Caster read the resolution for the record and called for a motion to adopt. Motion: District Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer, to adopt a resolution accepting the offer of dedication of 5.025 acres of open space in Fox Run Farms Subdivision for a sewer and/or water utility. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in the Water and Sewer Exhibit Book III, Page 40.1. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARDBOOK 3 REGULAR MEETING, FEBRUARY 16, 2004PAGE 64 ADJOURNMENT Chairman Caster called for a motion to adjourn the meeting. Motion: District Commissioner Pritchett MOVED, SECONDED by Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:18 a.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the District Board