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2004-07-12 Water & Sewer NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 3 REGULAR MEETING, JULY 12, 2004 PAGE 83 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on Monday, July 12, 2004, at 4:00 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 Ted Davis, Jr.; District Commissioner Nancy H. Pritchett; County Attorney, Wanda Copley; and Clerk to the District Board, Sheila L. Schult. District Commissioner Julia Boseman was absent. 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. Joseph Hudson, owner of Hudson’s True Value Hardware Store on Castle Hayne Road spoke on the continuing problem of sewer failures in that area. He explained he is under contract to purchase twenty-two acres off Castle Hayne Road for residential development; of the twenty-two acres Hardees Restaurant has sixteen acres tied up in a sewer field. Mr. Hudson is asking for the County’s help with 20,000 gallons of commercial sewer flow to help with the commercial building’s sewer problems. Once the commercial sewer flow problem is solved the residential properties he will develop will have septic tanks. District Chairman Caster requested Deputy County Engineer Jim Craig to respond. Deputy County Engineer Craig responded that a final plan needs to be submitted to Staff and that this item will then need to be placed on the Water and Sewer District Agenda. District Chairman Caster requested Mr. Hudson to submit a final plan and for Staff to place the item on the Water and Sewer District Agenda. APPROVAL OF MINUTES Chairman Caster called for a motion to approve the minutes of the regular meetings held on June 7, 2004 and June 21, 2004, as presented by the Clerk to the District Board. otion: M District Commissioner Pritchett MOVED, SECONDED by District Chairman Caster, to approve the minutes of the regular meetings held on June 7, 2004 and June 21, 2004, as presented by the Clerk to the District Board. Upon vote, the MOTION CARRIED 4 to 0. CONSIDERATION OF CONDEMNATION FOR SEWER EASEMENT TAX PARCEL NO. R04408-002-003- 000 MIDDLE SOUND WASTEWATER PROJECT County Engineer Greg Thompson reported that Staff has been working with the property owner of Tax Parcel No. R4408-002-003-000 to obtain the last necessary easement for the Middle Sound Project across the referenced 3.7 acre tract of land. The proposed easement is situated on the eastern portion of this lot and the adjoining easement on the adjacent property has already been acquired. There is currently one vacant structure located on site and it is used as a rental property for the owner and not as the primary residence. Staff has met several times on site with the property owner concerning potential development possibilities for the site, the placement of proposed service taps, and the owner's potential use of additional fill dirt generated by the NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 3 REGULAR MEETING, JULY 12, 2004 PAGE 84 sewer line construction. Despite numerous contacts, the property owner has yet to agree to execute the necessary documents to allow construction to begin. The contractor for this section of the project is close to completing the work for the Middle Sound Wastewater Project and if this necessary easement is not acquired it could cause sewer service delays and construction cost increases with regards to rebidding and material cost. District Commissioner Davis asked County Engineer Thompson if there was another alternative other than the District Board authorizing condemnation. County Engineer Thompson responded that Staff recommends that the District Board approve the resolution authorizing condemnation but that Staff will continue to work with the attorney to try to obtain a voluntary resolution. The condemnation process may be necessary to close the easement within a reasonable length of time to allow for the service to the immediate surrounding area. Motion: District Vice-Chairman Greer MOVED, SECONDED by District Chairman Caster, to approve the resolution authorizing condemnation for sewer easement Tax Parcel No. R04408-001-003-000 for the Middle Sound Wastewater Project. Upon vote, the MOTION CARRIED 4 to 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in the Water and Sewer Exhibit Book III, Page 4.1. ADJOURNMENT District Chairman Caster called for a motion to adjourn the meeting. Motion: District Commissioner Pritchett MOVED, SECONDED by District Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 to 0. District Chairman Caster adjourned the meeting at 4: 15 p.m. Respectfully submitted, Sheila L. Schult Clerk to the District Board