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2002-04-01 Water & Sewer Distri NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 MINUTES OF REGULAR MEETING, APRIL 1, 2002PAGE 714 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on Monday, April 1, 2002, at 8:50 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman Nancy H. Pritchett; District Commissioner Julia Boseman; District Commissioner Ted Davis, Jr.; District Commissioner William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order. NON-AGENDA ITEMS Chairman Greer 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 or items were received. REQUEST FOR SEWER EXPANSION TO THE CREEKSTONE SUBDIVISION Chairman Greer advised that Mr. Gary W. Ahlberg, a resident of Plumtree Lane, has signed up to speak on the request for sewer expansion to the Creekstone Subdivision. Mr. Ahlberg, a resident of 107 Plumtree Lane, reported that on March 11, 2002, a proposal was made to the District Board regarding sewer infrastructure associated with the new Jail Facility being expanded to serve the Creekstone Subdivision. After discussion, the District Board tabled this issue until the meeting scheduled for April 1, 2002. He advised that since the March meeting, additional information had been received and he passed out a packet to the District Board containing Exhibits A through E. Mr. Ahlberg advised that the residents are seeking approval from the District Board to extend the sewer line for the Jail to the entire Creekstone Subdivision as a component of the Jail project. Under this unique circumstance, the application of tap fees or an assessment would result in local landowners funding construction of the Jail project. The County does not appear to be paying impact fees to the Water and Sewer Fund for the 648-bed Jail; therefore, the residents of Creekstone maintain that no fees are applicable to the proposed sewer infrastructure project. The residents are seeking a resolution from the County that would preclude access to the Jail through existing residential developments. Approval of this request will partially offset the potential environmental and economic impacts of the Jail project and put existing citizens’ rights in line with those of inmates. This request was prompted by the Board’s decision to develop property owned by New Hanover County for location of the new Jail on the Blue Clay Road site. This project is funded NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 MINUTES OF REGULAR MEETING, APRIL 1, 2002PAGE 715 through Certificates of Participaiton providing approximately $51,557,000 (Exhibit B) of capital for construction to be repaid by public money from the New Hanover County taxpayers. Exhibit A illustrates the major construction activities currentlyin progress within this area of the Prince George Creek watershed. Altogether, projects funded with public money are disturbing hundreds of acres in an area designated Conservation in the County’s Land Use Plan. The cumulative potential impact of these public projects on the environment and public health is subject to the N. C. Environmental Policy Act. The footprint of the Jail project exceeds the minimum criteria of 10,000 square feet as defined by 15A NCAC 01C.0504(3)(K) as shown in Exhibit C. In a wetland permitting process described by the U. S. Army Corps of Engineers as after- the-fact, the Nationwide Permit #39 prepared by the County acknowledges the requirement to prepare an Environmental Document pursuant to the requirements of the N. C. Environmental Policy Act. It appears this document has not been prepared, submitted or approved by the State. Exhibit D includes a copy of Permit #39 and documentation of State actions and permits related to water quality at the Jail site. The Jail site includes a closed landfill and wetlands that drain to Prince George Creek via two unnamed tributaries. The tributary stream that will receive the Jail and landfill drainage is presently receiving drainage from the Creekstone Subdivision. Increasing urban stormwater run-off and development occurring in the area have increased impacts on land designated “Conservation” in the Land Use Plan. The cumulative impacts of the old landfill, new Jail Facility, Northeast Cape Fear Community College Campus, and U. S. Highway 17 By-Pass projects represent increasing risks to water quality in the Prince George Creek watershed. Expansion of the sewer system in this area will provide a way to reduce wastewater leaching from septic fields into surface waters and will partially offset the pollutant loading associated with new industrial, commercial, and residential development. With a contractor already mobilized for the Jail, there is a logical cost-benefit for extending the sewer line down Plumtree Lane and completing sewer delivery to the Creekstone Subdivision. The community is prepared to deliver public dedication of the necessary property for a utility easement to construct the sewer system upon proper execution of the following conditions: •Adoption of a budget amendment authorizing construction of sewer for Plumtree Lane in the Creekstone Subdivision as a component of the Creekstone Lane sewer construction. •Exemption for property owners in the Creekstone Subdivision from impact fees, tap fees, and individual assessment for construction and connection to the County sewer system. •Adoption of a resolution precluding vehicular access to the New Hanover County Jail site via existing residential subdivisions adjacent to the site. In closing Mr. Ahlberg noted that he could understand why the District Board was divided on this issue, but he hoped the District Commissioners could see the common sense in providing NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 MINUTES OF REGULAR MEETING, APRIL 1, 2002PAGE 716 sewer to the entire Creekstone Subdivision as well as giving consideration to placing other adjacent subdivisions higher on the sewer schedule. The residents of Creekstone did not ask for the sewer to be built. The County moved the schedule up to accommodate the new Jail, and this is the reason for the request. District Commissioner Caster spoke on the amount of time spent in planning for the new Jail and stated that the County stepped through every hoop required by the state, federal government, Corps of Engineers, and Division of Environmental Management. Consideration was also given to the possible impact of the Jail project on the Castle Hayne Aquifer and tests were performed on the old landfill site to be sure there were no environmental problems. He noted that it was difficult for him to believe that any regulations had been missed. Mr. Ahlberg responded that he did not intend to accuse the County of not complying to the necessary requirements but stated, in his opinion, the current system did not address the cumulative impacts of the entire project. Mr. Doc Howell and his wife, Janice Howell, residents of 103 Plumtree Lane, reported that the residents are concerned about the need for sewer because there is an existing drainage problem in the area. Construction of the Jail on the Blue Clay Road site will change the flow of water which will create serious drainage problems during heavy rainfalls. Since the County is providing sewer to Creekstone Lane, it is only fair for the residents living on Plumtree Lane to receive sewer services. Ms. Howell read the following section of the Water and Sewer Ordinance pertaining to new development: Section 56-254(b), Procedure for Required Connections: Tracts of land adjacent to or spanning the limits of the active construction phase of the County sewer plan may receive service through the District provided there is adequate capacity in the District system and a treatment facility is available. Such connection required to provide the service will be temporary. The proposed collection system will be designed to permanently tie into the District system at a future date. All costs of the proposed collection system and connections to the District system will be at the expense of the developer. Adjacent is defined as a parcel abutting property served by the District system or on the opposite side of rights-of-way from property serviced by the District system. Ms. Howell asked if an agreement could be reached whereby the residents of Plumtree Lane could form some type of corporation to be allowed to extend the sewer line down Plumtree Lane. Chairman Greer responded that a corporation would not have to be formed; however, the residents could petition the District Board to extend the sewer line at the expense of the property owners living on Plumtree Lane. It is obvious that the entire development needs the sewer, but there is a cost involved. NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 MINUTES OF REGULAR MEETING, APRIL 1, 2002PAGE 717 Vice-Chairman Pritchett asked if there was a deadline on when a decision has to be made on the proposal submitted by the Creekstone Subdivision. County Engineer Blanchard responded that a definite decision had to be made within 30 to 45 days. After further discussion of the residents petitioning the District Board for the extension of sewer at their expense as another alternative, Vice-Chairman Pritchett suggested tabling this issue to allow time for the residents to prepare a proposal. Chairman Greer expressed concern for the residents of Plumtree Lane having to bear the cost of extending the sewer line when the line can be constructed down either Plumtree Lane or Creekstone Lane. He stated that the most equitable way to resolve this issue is to provide sewer to both roads. Money is available in the Jail contingency and this would be a logical way to fund the project. District Commissioner Davis stated that he could not vote to use $82,000 of the Jail contingency to pay for extending the sewer line when this was not a part of the original Jail project. If any contingency money is left, it should be used to pay back the money borrowed for the Jail project to save money for the taxpayers. District Commissioner Caster noted that he was not aware that the sewer line could be extended down either road in the Creekstone Subdivision. He noted that the equitable way to address the issue is allow the residents to pay for extending the sewer line to both roads. Chairman Greer noted that Mr. Ahlberg has requested extension of the sewer line at no cost, and Mr. and Ms. Howell are willing to pay their share for the availability of sewer to Plumtree Lane. He stated that the District Board needs to make a decision on this request. After further discussion of tabling this issue for 30 days, County Engineer Blanchard advised that a decision should be made at the April 15, 2002 meeting; however, it might be possible to table the issue until May 6. He requested time to check into the exact date before making a commitment. Chairman Greer advised that residents of Creekstone Subdivision are experiencing problems with septic failures like many other low lying areas in the unincorporated county. The District is currently involved with providing sewer to Kings Grant and the Middle Sound area, and the property owners will be charged tap fees. Since the sewer line is going through the middle of the Creekstone Subdivision, the equitable solution is to provide sewer to both roads and charge tap fees as done with other areas in the District. Vice-Chairman Pritchett asked Chairman Greer how the District will handle future requests for sewer line extensions from Rustic Acres and Saddlebrook Drive. NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 MINUTES OF REGULAR MEETING, APRIL 1, 2002PAGE 718 Chairman Greer responded that he felt this was a different situation since the sewer line was being constructed because of the Jail project. Deputy County Manager Andrew J. Atkinson referenced the map prepared by the Health Department and informed the Board that Ms. Diane Harvell, Director of Environmental Health, was recommending the provision of sewer to the entire Creekstone Subdivision because of health concerns about septic tank failures. After hearing no further comments, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Pritchett MOVED, SECONDED by District Commissioner Caster, to table this item until April 15, 2002 (unless notified by the County Engineer that this item can be heard on May 6, 2002) to allow time for the residents to submit a proposal to extend the sewer line to the Creekstone Subdivision and provide time for the District Board to review the information presented. Upon vote, the MOTION CARRIED 4 to 1. Chairman Greer voted in opposition. County Manager O’Neal encouraged the residents of Creekstone to work with County Engineer Blanchard in trying to prepare another proposal. Mr. Howell asked what other information could be presented to the District Board. Chairman Greer explained that the District Board is requesting the neighborhood to submit a proposal with a certain dollar amount to allow the sewer line to be extended to the entire subdivision. Mr. Howell asked if the fee per resident would be over $900. Vice-Chairman Pritchett requested Mr. Howell and the residents to understand that many citizens living in the unincorporated county are desperately in need of sewer and there is not enough money in the Water and Sewer District Fund to accommodate these needs. Mr. Howell advised that he did understand the position of the District Board and stated that he would do his best to work with the residents in preparing a proposal to be considered by the Board. Copies of Exhibits A through E are on file in the Governing Body Office. NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 MINUTES OF REGULAR MEETING, APRIL 1, 2002PAGE 719 ADJOURNMENT Chairman Greer called for a motion to adjourn. Motion: Vice-Chairman Pritchett MOVED, SECONDED by District Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 9:35 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the District Board