2004-06-07 Water & Sewer
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3
REGULAR MEETING, JUNE 7, 2004 PAGE 77
ASSEMBLY
The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular
Session on Monday, June 7, 2004, at 9:50 p.m. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were: District Chairman William A. Caster; District 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.
District Chairman Caster called the meeting to order.
NON-AGENDA ITEMS
District 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 items were presented.
APPROVAL OF MINUTES
District Chairman Caster called for a motion to approve the minutes of the regular meeting held on May 17,
2004, as presented by the Clerk to the District Board.
otion:
M District Chairman Caster MOVED, SECONDED by District Commissioner Boseman, to approve the minutes
of the regular meeting held on May 17, 2004, as presented by the Clerk to the District Board. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSIDERATION OF SEWER CONNECTION TO DOGWOOD MOBILE HOME PARK
County Engineer Greg Thompson reported that on April 22, 2004, the Health Department provided County
Engineering with a summary of the septic system issues associated with Dogwood Mobile Home Park with a
recommendation that connection to the County's sewer system would be beneficial to the environment and to the public.
The septic systems that serve Dogwood Mobile Home Park were originally installed between 1969 and 1971.
Complaint records indicate problems with these systems developed as early as 1981. Individuals who represent the
neighborhood that surrounds the park have recently presented concerns for public health and the environment.
The New Hanover County Code of Ordinances, Section 56-131, states that the County will construct the
necessary sewer collection system in manufactured mobile home parks. It has been the policy of the County to install
these systems as funds became available and, to date, there are two remaining manufactured home parks to be served,
Dogwood Mobile Home Park and College View Mobile Home Park. As defined within the ordinance, the park owner
must grant the necessary easements within ninety days of notification of the request for easement by the District. If
easements are not granted within ninety days, the park owner would be notified that he has six months to permit and
construct the system at his expense and connect to the District's sewer system.
County staff has reviewed the parks and found that preliminary estimates of construction cost for the Dogwood
Mobile Home Park system is $60,000 and the College View Mobile Home Park system is $200,000. The District would
be reimbursed by the owner of each park in the amount of $2,000 per sewer tap provided. This would be approximately
$26,000 for the Dogwood Mobile Home Park system and $60,000 for the College View Mobile Home Park system.
Because of the relatively high cost to construct the system and the lack of documented septic system problems, staff
does not recommend that sewer be provided to College View at this time unless requested by the owner.
County Engineer Thompson recommended that notification of the request for easement be sent to the owner
of Dogwood Mobile Home Park. Staff will need to prepare construction documents and receive bids for the
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3
REGULAR MEETING, JUNE 7, 2004 PAGE 78
construction project. Award of the bid would be approved by the Board.
District Vice-Chairman Greer commented that the sewer regulations in the County Ordinance apply to the
unincorporated area, but the mobile home park was annexed by the City of Wilmington. He thought it was the City’s
responsibility to provide water and sewer in the annexed area.
County Engineer Thompson explained that the County provides sewer service in that area and it would not
be economically feasible for the City to provide sewer for the mobile home park.
District Chairman Caster asked for comments from the neighborhood.
Jaimie Wightman, of 134 Dogwood Drive and speaking on behalf of the residential neighborhood, requested
that the mobile home park be connected to the County sewer service because of the problem of septic tank failures for
the past 20 years. He said that septic tank failures near Bradley Creek have a far greater impact on the County than
just in the neighborhood.
Gregg Beck, speaking on behalf of the owner Mary Ann Guin, said that Ms. Guin was notified of the agenda
item and wanted to find out what she will need to do. She plans to be out of the mobile home park business within the
next 2 years and wants to develop the area with low maintenance, single family housing. Ms. Guin works at the park
daily and she complies with City, County, and State regulations. Environmental Health has notified her that she will
no longer be issued permits to repair the septic tanks when they fail and she has agreed that she will connect those
mobile homes to the County’s system or take the mobile homes out. Her long term plan is to develop the property as
a residential community.
County Engineer Thompson said that the County normally works with the owner of a mobile home park when
developing another type of service. Knowing up front that the mobile home park will not operate after two years, it
would not be economically feasible for the District to install sewer lines and require the park owner to reimburse the
District for the cost.
Glenn Walker, of 105 Dogwood Drive, spoke of pollution problems caused by septic tank failures during past
hurricane events resulting in the contamination of Bradley Creek. He expressed concern for the quality of life for the
neighborhood and requested that sewer be provided for the mobile home park.
County Engineer Thompson said that hurricane events are outside the County’s ability to control, but the
County does its due diligence to address environmental issues. The plan is to take the trailers off line as the septic
systems fail and the owner will cease operating as a mobile home park or she will install sewer as a permanent means
for sewer disposal if she wants to operate as a mobile home park.
Mr. Beck responded that the owner wants to avoid having the sewer system installed for the mobile home
park. Although he said they plan to develop the property in two years, they could be ready in nine months.
County Engineer Thompson responded that the Health Department has documented the conditions of the
septic systems. The County could allow the owner a maximum of two years to operate the mobile home park before
hooking up to the sewer system but if a septic system fails that site will be abandoned. An agreement will give the
owner the option to connect to the County sewer.
Mr. Beck agreed that as the septic systems fail, the owner will pay the expense for County sewer.
County Attorney Copley advised that the County will draw up an agreement with the conditions for the owner
to accept. If she signs the agreement, she will be bound by the contract.
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3
REGULAR MEETING, JUNE 7, 2004 PAGE 79
District Chairman Caster responded that if the County offers this choice, the District will put in the sewer
system at the owner’s expense.
District Commissioner Pritchett asked if the neighbors would be satisfied if the owner of the mobile home park
signs a contract with the County to agree that any system that fails will have to be abandoned and capped off.
Mr. Walker responded that the residents would be pleased with a contract arrangement.
Motion:
District Vice-Chairman Greer MOVED, SECONDED by District Commissioner Boseman, to allow the owner
of the mobile home park to operate the park until June 7, 2006 under a contract with the County with the stipulation
that any failed septic system, which cannot be repaired under ordinary maintenance, will be shut off and the mobile
home removed from the property.
In discussion of ordinary maintenance, County Engineer Thompson explained that pumping the tank would
be considered ordinary maintenance. If the system fails, no modification or replacement of the system can be made.
Vote
: Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF REQUEST FOR WAIVER OF WATER DEVELOPMENT FEES FOR
BROOKFIELD/BRIERWOOD SUBDIVISION
County Engineer Greg Thompson reported that on May 7, 2004, the County received a petition from the
residents of Brookfield/Brierwood Subdivision requesting a waiver of the water development fee of $720. The water
development fee consists of a $400 fee for elevated storage and $320 for other infrastructures. On December 18, 2000,
the Commissioners approved a request from the residents of the Brookfield/Brierwood Subdivision to install water lines
at the same time as the sewer project. The County Engineer recommended that the residents should pay most or all
the cost associated with the water line construction. The residents agreed to pay the assessment and presented a
petition to the Board at that meeting.
On November 25, 2002, the Board awarded a contract to construct the water and sewer lines for the
Brookfield/Brierwood Subdivision and approved the assessment of $1,770, which included $1050 for the tap fee (water
meter) and the development fee of $720. The low bid for construction of the water distribution system was $475,650
or $1,669 for each of the 285 homes in the subdivision. This cost was paid by the District in an effort to reduce the
impact to the residents. Considering that the County has already waived the assessment associated with the
construction of the water distribution system, he recommended to deny the request for the waiver of the $720
development fee.
District Chairman Caster commented that the homeowners’ rationale was that they were on a water system
and not new customers.
Motion:
District Commissioner Pritchett MOVED, SECONDED by District Commissioner Boseman, to deny the
request from the residents of Brookfield/Brierwood Subdivisions to waive the $720 water development fee. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF REQUEST FOR TEMPORARY WATER FOR HERITAGE WOODS SUBDIVISION
County Engineer Greg Thompson reported that the Heritage Woods Subdivision, located south of Veterans
Park and School Complex is experiencing water pressure problems during peak periods of water usage. The water
system is a part of the Cape Fear Utility system owned by the City of Wilmington. City staff has requested the District
to sell water to the 40 homes on a temporary basis for approximately two years. The District can temporarily handle
the subdivision as a customer.
The City plans to construct a new main water transmission line from Monkey Junction south along Carolina
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3
REGULAR MEETING, JUNE 7, 2004 PAGE 80
Beach Road to improve the water pressure and flow. If approved by the District Board, the City will pay all cost
associated with connection of the two systems and for water at the County's current rate schedule. He recommended
approval of the temporary connection.
Motion:
District Chairman Caster MOVED, SECONDED by District Commissioner Boseman, to approve selling
water on a temporary basis for approximately two years to the City of Wilmington for Heritage Woods Subdivision with
the City paying all cost associated with connection of the two systems and the customers paying at the County’s current
water rate schedule. Upon vote, the MOTION CARRIED 4 to 1. District Vice-Chairman Greer voted in opposition.
ADDITIONAL ITEMS
•County Engineer Greg Thompson reported that the water problems of Archmil Place Subdivision have been
resolved and the water lines completed. The City is waiting on lien waivers and warranty information from
the developer, but they have scheduled the acceptance of the project for the next Council meeting.
•District Chairman Caster reported that the State has scheduled a public hearing on July 29, 2004 to hear
comments on the permit for the Northside Wastewater Treatment Plant. The State has agreed to continue
reviewing the construction documents so that the hearings will not cause a major delay in issuing the permit.
•District Chairman Caster reported receiving a complaint on the noise from the work on the Middle Sound
sewer construction project going on from 7:30 a.m. to 7:30 p.m. The noise ordinance states that no noise
should be above 65 decibels from 10:00 p.m. to 7:00 a.m. Although the noise may be disturbing, the workers
are in compliance with the noise ordinance. He was pleased that the workers were getting the job done, but
he did not want to tell the workers to stop work early.
ADJOURNMENT
District Chairman Caster called for a motion to adjourn the meeting.
Motion:
District Vice-Chairman Greer MOVED, SECONDED by District Commissioner Boseman, to adjourn the
meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY.
District Chairman Caster adjourned the meeting at 10:20 p.m.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the District Board