2005-01-10 Water & Sewer
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3
REGULAR MEETING, JANUARY 10, 2005 PAGE 104
ASSEMBLY
The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular
Session on Monday, January 10, 2005, at 6:40 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 William A. Kopp, Jr.;
District Commissioner Ted Davis, Jr.; District Commissioner Robert G. Greer; District Commissioner Nancy H.
Pritchett; County Manager Allen O’Neal; County Attorney, Wanda Copley; and Clerk to the District Board, Sheila L.
Schult.
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 December
20, 2004, as presented by the Clerk to the District Board.
Motion:
District Vice-Chairman Kopp MOVED, SECONDED by District Commissioner Pritchett, to approve the
minutes of the regular meeting held on December 20, 2004, as presented by the Clerk to the District Board. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
DARDEN ROAD WATER AND SEWER PROJECT
District Chairman Caster stated that Robert Dale Russell has requested to speak about the water and sewer
project on Darden Road and requested County Engineer Greg Thompson to give the Staff presentation.
County Engineer Thompson reported that since the original contract date of February 2003, project delays in
completion of the sewer for Darden Road are a result of defects with work done in part by a contractor who defaulted.
The Surety then secured another contractor for the project completion. A portion of the original gravity line as built does
not meet State standard for grade. County staff received notification today from the State that a variance would not be
granted. The project is behind schedule and the completion date is projected for September 2005 or beyond, for that
sewer section on Darden Road. Staff has notified the Surety that the sewer may have to be reinstalled and other options
are being considered. With any option, the earliest date that sewer will be available is the end of February.
District Chairman Caster referred to the memo from Deputy County Attorney Kemp Burpeau which explains
that currently the County allows the owner or his representative to secure building permits when sewer is estimated to
be available within one hundred twenty days. At that time, the owner or his representative signs a disclaimer statement
recognizing that sewer may not be available when desired, thereby assuming all risks.
District Commissioner Greer stated the original contract date was February 2003. The original contract
defaulted in July 2003, and was assumed by the Surety. In August 2003, Ralph Hodge Construction took over as the
Surety Contractor. He requested County Engineer Thompson to explain why thirteen months have passed and the sewer
is still not operable.
County Engineer Thompson explained that the County has been a passive participant at the mercy of
circumstances not within the County’s control. There are multiple entities involved in this process. There has been
much time involved in attempting to get responses from the State and the State has requested information to be
resubmitted in different formats.
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3
REGULAR MEETING, JANUARY 10, 2005 PAGE 105
Robert Dale Russell stated that he applied and received a building permit for a residential home in June 2004.
A few weeks later, he applied for a second building permit for a second residential home that was denied. It was at this
time he was notified that there were sewer problems. Since that time, he has received no definitive answers, and no
answer as to when the problem would be resolved. This is an investment property and he spoke on the money he has
tied up in the project and the rental income he is losing monthly. He requested the Board to resolve this problem in a
timely manner.
County Engineer Thompson reported that Staff is currently considering the following options to fast track this
portion of the sewer: 1) contact the State requesting an appeal to the variance permit; 2) continue discussions with the
Surety for the need to reinstall that section of the sewer; 3) explore the possibility of the State allowing the County to
operate the existing sewer temporarily while having the new sewer installed; and 4) bi-pass the portions of the installed
line that are not to code.
County Attorney Wanda Copley clarified that if the authority of the Surety is superseded, and the County hires
an independent contractor to reinstall the sewer line, the County will be responsible for 100% of the sewer reinstallation
costs.
Betty Russell, co-owner of the Darden Road investment property, spoke on the need for obtaining the sewer
connection and a building permit for the second residential investment property they are planning to build.
District Chairman Caster thanked Mr. and Mrs. Russell for their time and patience.
John Mason, General Partner with White Oak Apartments on Darden Road, reported that they are currently
building a sixty-unit apartment complex for the low-income, elderly that is due for completion at the end of March and
requested the Board to resolve this problem before then.
District Vice-Chairman Kopp stated that he would like the Board to consider revising the policy of allowing
property owners to secure building permits prior to sewer availability
After discussion, the Board came to consensus to place this item on the January 24, 2005, meeting agenda,
allowing staff to investigate all options for the most time-efficient solution.
ADJOURNMENT
District Chairman Caster called for a motion to adjourn the meeting.
Motion:
District Vice-Chairman Kopp MOVED, SECONDED by District Chairman Caster, to adjourn the meeting.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
District Chairman Caster adjourned the meeting at 7:30 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the District Board