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2002-04-15 Water & Sewer Distri NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARD BOOK 2 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 720 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on Monday, April 15, 2002, at 12.36 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 District 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 items were presented. Approval of Minutes Chairman Greer called for a motion to approve the minutes of April 1, 2002. Motion: Vice-Chairman Pritchett MOVED, SECONDED by District Commissioner Boseman, to approve the minutes of the Regular Meeting held on April 1, 2002, as presented by the Clerk to the District Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. REQUEST FOR SEWER EXPANSION FROM THE CREEKSTONE COMMUNITY Chairman Greer asked if anyone from the Creekstone Community would like to speak on the sewer expansion request. Mr. Gary W. Ahlberg, a resident of 207 Plumtree Lane representing the Creekstone Subdivision, referenced the information presented at the last meeting and stated that the neighbors have met to discuss an alternative proposal for providing sewer to the entire community. He advised that based on comments at the last meeting, it was difficult to believe that extending the sewer line down Plumtree Lane would negatively impact the Jail contingency account. This is not a request for sewer services, but a request for the District to provide sewer service to an existing community impacted by the construction of the Jail. Mr. Ahlberg presented an alternative proposal to extend the sewer line down Plumtree Lane to every house except the last property owner at the end of the street who is not interested in connecting to the sewer system. The residents feel that funding should come from the Jail contingency account and no tap fees should be charged. With a contractor already on the site, this NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARD BOOK 2 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 721 is the most logical, fair, and cost-effective way to provide sewer infrastructure to a community impacted by a county construction project that will only increase existing drainage problems. District Commissioner Caster asked Mr. Ahlberg why the residents of Creekstone did not come up with an alternative to collectively pay for the sewer line extension. Mr. Ahlberg responded that a proposal of this type would not have been a workable solution to the residents because they feel this community was in existence before the County decided to build the Jail on the Blue Clay Road site. District Commissioner Caster responded that extending sewer to Plumtree Lane was not part of the original Jail Construction project. If the Creekstone Subdivision had been developed with sewer provided to the area, the property owners would have paid for the sewer line when purchasing their homes. With a choice of running the sewer line down Creekstone Lane or Plumtree Lane, the residents should all share in the cost of providing sewer to the entire subdivision. Motion: After further discussion, District Commissioner Davis MOVED not to use the Jail contingency fund and provide sewer to this area pursuant to the guidelines of the Water and Sewer District with the homeowners paying the applicable fees. Chairman Greer asked District Commissioner Davis if his motion was to provide sewer to Plumtree Lane with money from the Water and Sewer Fund and charge residents on Creekstone Lane and Plumtree Lane the tap fees being charged at the time of connection. Discussion was held on when the new tap fees would be implemented. Chairman Greer advised that the new tap fees would be implemented on January 1, 2003, but sewer will be available to the Creekstone Subdivision before this date, which means the old fees will be charged. District Commissioner Davis WITHDREW THE MOTION and requested an explanation of the normal procedure followed when a community approaches the District about extending a sewer line. Chairman Greer explained that this was an unusual request because normally a sewer line would not be running down a road in a subdivision. However, in areas where a sewer line is being constructed and a nearby community with distressed septic systems requests extension of the sewer, the District usually extends the sewer line with the current tap fees being charged. District Commissioner Davis asked who would pay for constructing the sewer line. County Engineer Blanchard responded that the District would pay for extending the line with payment of the current tap fees or an agreed upon fee by the residents. Discussion followed on changing the effective date of when the increased tap fees will be NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARD BOOK 2 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 722 implemented. County Attorney Copley advised that since the first reading of the ordinance has been held, it would be necessary for the District to advertise the change of date before holding the second reading. Chairman Greer requested direction from the Board. Motion: After a lengthy discussion, Vice-Chairman Pritchett MOVED, SECONDED by Chairman Greer, to construct the sewer line and charge the residents the current tap fee and an assessment of $1,100. District Commissioner Boseman asked Mr. Ahlberg if the residents were willing to pay the $2,000. Mr. Ahlberg responded that the residents would prefer to be exempt from the fees but if necessary, they would pay the $2,000 fee. Chairman Greer called for a vote. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF ADOPTION OF RESOLUTIONS ACCEPTING THE PUBLIC DEDICATION OF GREENVIEW RANCHES RIGHTS-OF-WAY, AREA A, AND MIDDLE SOUND RIGHTS-OF-WAY, AREA B FOR SEWER AND/OR WATER UTILITIES County Engineer Blanchard reported that in Area A, the County is working with a private developer who plans to run sewer lines within one or more of the platted rights-of-way shown on a recorded map for the Greenview Ranches Subdivision. The rights-of-way were not originally deeded to the District. The rights-of-way are platted and offered for public acceptance. Attached is a document accepting the rights-of-ways for sewer and/or water utility and other public purposes, at the discretion of the District Board. In Area B, the County plans to run a sewer line down numerous platted rights-of-way and easements in the Middle Sound Area. This is the first group of rights-of-way and easements in this area that the County will present for acceptance. This group contains roads and easements within the Buena Vista, North Bend, Ocean View and Glen Arbor Subdivisions. The rights-of-way and easements are platted and offered for public acceptance. Attached is a document accepting the rights-of-way and easements for sewer and/or water utility and other public purposes, at the discretion of the District. Staff recommends adoption of the resolutions to accept the rights-of-way and easements. Motion: District Commissioner Boseman MOVED, SECONDED by District Commissioner Caster, to adopt the two resolutions accepting the rights-of-way and easements for sewer and/or water utilities in Greenview Ranches, Area A, and Middle Sound, Area B. The Chairman was authorized to execute the necessary documents. Upon vote the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARD BOOK 2 MINUTES OF REGULAR MEETING, APRIL 15, 2002PAGE 723 Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in W&S Exhibit Book II, Page 34. CONSIDERATION OF REDUCING WASTEWATER IMPACT AND DEVELOPMENT FEES FOR LADY OF AMERICA, 5226 SOUTH COLLEGE ROAD County Engineer Wyatt Blanchard reported that a request was presented to the Commissioners on October 15, 2001, asking that consideration be given to reducing the amount of the wastewater impact and development fee paid by the Lady of America Fitness Center located in a shopping center at Monkey Junction. It was decided to delay a decision until there was at least one year of history on sewer usage for the business. The Lady of America Fitness Center has now been in operation for over a year and during that year, the average water consumption has been just over 116 gallons per day, which is less than one-half of the usage of a home. The low usage is apparently due to the fact that no shower facilities are available at the facility. Based on the water use and information provided, it does not appear that a facility without showers will have a sufficient impact on the sewer system; therefore, Staff is recommending consideration of a usage figure of three (3) gallons per day per member for fitness centers without showers rather than ten (10) gallons per day. Using three gallons for 100 members per day will yield a total impact and development fee of $1,575. The original fee was $19,600, which was based on available criteria at the time of application. Staff recommends approving a fee of $1,575 with a refund of $17,925 to the Lady of America Fitness Center. Motion: Vice-Chairman Pritchett MOVED, SECONDED by District Commissioner Boseman, to approve a fee of $1,575 and grant a refund of $17,925 to the Lady of America Fitness Center subject to the fee being reassessed if the water usage increases. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Chairman Greer called for a motion to adjourn the meeting. Motion: District Commissioner Caster MOVED, SECONDED by District Commissioner Pritchett, to adjourn the meeting. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 12:09 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the District Board