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2001-07-09 Water & Sewer Distri NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JULY 9, 2001 PAGE 650 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on Monday, July 9, 2001, at 10:46 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 William A. Caster; District Commissioner Ted Davis, Jr.; 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. Acceptance of Offer to Purchase County Property Located at 430 Clear Brook Drive Ms. Jane Lewis, a realtor representing Ronald Champion, stated that she was in the process of selling Mr. Champion’s home when it was discovered that his garage and fence encroached on Lot 30, Section 2 owned by New Hanover County. This fact was not discovered until the closing and the buyer had moved into the house. In order for Mr. Champion to close on the sale of his property, the land must be purchased from the County. The lot is primarily a wetland with a creek on the side. After discussing the matter with the Deputy County Attorney, County Engineering Staff and City Staff, all entities support the sale of the lot under the following conditions: (1) transfer of the County property by a non-warranty deed; (2) reservation of a 10-foot utility easement for possible City use across the portion of the lot adjoining Sharon Drive; and (3) payment of $5,000 to New Hanover County. Deputy County Attorney Burpeau advised that when checking into the request, it was found that the subject lot was part of property donated by R. C. Fowler to the New Hanover County Water and Sewer District several years ago. After a thorough investigation was made on the sale of the lot and the offer to purchase, Staff does not have a problem with the County selling the lot to Mr. Champion. Motion: After discussion of the need to resolve this problem, District Commissioner Caster MOVED, SECONDED by Vice-Chairman Pritchett, to accept the $5,000 offer of purchase and sell the lot to Mr. Champion subject to the conditions recommended by Staff. The Chairman was authorized to execute the necessary documents. NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JULY 9, 2001 PAGE 651 Presentation of Newsletter and Petition by Mr. Mark Cope, Vice-President of King’s Grant Area Concerned Citizens, Inc. Mr. Mark Cope, Vice-President of Kings Grant Area Concerned Citizens, Inc., informed the District Board that this organization was now registered with the State of North Carolina as a not- for-profit agency with over 1,000 members. He presented a Newsletter and copies of additional petitions from residents living in the King’s Grant area and requested the District Board to review the resolution presented in May and to provide an answer to the residents because this matter would continue to be pursued by the organization. Chairman Greer reminded the District Board that the resolution was requesting the District to provide sewer to the area at a cost of $200 per property owner as outlined in the 1984 bond issue. Discussion on Denial of the Request Submitted by The Rock Church on June 18, 2001 District Commissioner Caster spoke on denying the request submitted by The Rock Church to construct a private system to connect to the District’s line on College Road so construction could begin on a new church located at the corner of Old Dairy Farm Road and Sidbury Road. He advised that he had spoken with Reverend Ron McGee since the denial and felt that he did not understand some of the available options and differences in this request and a prior request made from a developer in that area that was denied by the District Board. He suggested placing this item back on the agenda to discuss these options with the Engineering Staff. Chairman Greer requested direction from the Board. Consensus: It was the consensus of the Board to place this item on the agenda for discussion at the August 6, 2001 meeting. Discussion of Permitting Problems Experienced with the Wilmington-Hanby Beach Project District Commissioner Boseman requested an explanation from Staff on the permitting problems with the Wilmington-Hanby Beach Project. She expressed concern for not being informed about the violations before reading the article in the newspaper. County Manager O’Neal accepted blame for not informing the District Commissioners and stated that Assistant County Manager Dave Weaver immediately notified him of the problem and prepared a memorandum to be forwarded to the District Board. County Manager O’Neal stated that he felt more information was needed to explain the situation and the article was published in the newspaper before he notified the District Board. He emphasized the fact that the Wilmington-Hanby Beach Water and Sewer Project was improving the environment, not damaging the environment in this area of the County. The permitting violations occurred on a small area that was platted, and he requested County Engineer Wyatt Blanchard to explain the circumstances. County Engineer Blanchard reported that the Wilmington-Hanby Beach area was plotted as NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JULY 9, 2001 PAGE 652 a subdivision in the 1920's. When the District began the initial project, the plan was to provide only sewer to this area. As the project progressed, it was decided that water should also be provided to improve the quality of drinking water that had become a major concern of the Health Department. During the project design phase, persons owning property in areas not on existing roads requested the District to extend water and sewer lines to their properties with the property owners paying the entire cost. The District Board agreed to extend the water and sewer lines. In that area, there is a small branch that has been blocked up for a long period of time. When the construction engineer cleared the site, it was discovered that a wetland could exist on the site. The engineer immediately contacted a consultant to look at the site but before the area was delineated as a wetland, another contractor installed a section of the sewer system which created the permitting violation. It was a lack of communication between the two parties. Commissioner Boseman expressed concern for this being the second time that the necessary permits have not been received on County projects. She asked who was responsible for obtaining the permits and if there was a clause in the contract that held the contractors responsible for payment of permitting violations. County Attorney Copley responded that a clause of this type was not in standard contracts. Commissioner Boseman requested the County Attorney to place language in all future contracts that will require the engineer to be responsible for obtaining the necessary permits, pay all fines if violations occur, and make a public statement about why the fines occurred. County Attorney Copley responded that she would be glad to incorporate the requested language in all future contracts; however, she did not feel that any contractor would be willing to publicly admit an error. Commissioner Caster stated that he thought wetlands were delineated in advance when installing water and sewer lines. He asked what happened in this case. Chairman Greer explained that the District was asked to install water and sewer lines in the Wilmington-Hanby Beach area by the Town of Carolina Beach and the Town of Kure Beach because these entities did not have sufficient funds to pay for the project. When the project was being designed, some property owners requested the District to extend water and sewer lines to an area that was platted without any streets constructed. The property owners agreed to pay for the extension and construct the streets once the water and sewer lines were available. The District Board agreed to extend the lines and directed the engineer to install the lines in the area. When clearing the land, the engineer found an area that appeared to be a wetland and contacted a consultant to check into this matter. During this time, the contractor installed the pipes in the area not being aware of the problem. This was unfortunate, but the important fact to remember is that the engineer immediately contacted a consultant when he discovered the wet area. NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JULY 9, 2001 PAGE 653 County Engineer Blanchard informed the District Board that a policy has been initiated to bring in a wetland consultant for every future project to be sure that wetlands have been delineated. Chairman Greer agreed with implementing the new policy to avoid permitting violations on all future projects. APPROVAL OF MINUTES Chairman Greer called for a motion to approve the minutes of June 18, 2001. Motion: District Commissioner Boseman MOVED, SECONDED by District Commissioner Caster, to approve the minutes of the regular meeting held on June 18, 2001 as presented by the Clerk to the District Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Chairman Greer adjourned the meeting at 11:04 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the District Board