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1999-06-07 Water & Sewer NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JUNE 7, 1999PAGE 505 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on Monday, June 7, 1999, at 11:52 p.m. in the New Hanover County Judicial Building, Courtroom 317, 116 Princess Street, Wilmington, North Carolina. Members present were: District Commissioner Buzz Birzenieks; District Commissioner Ted Davis, Jr.; District Commissioner William A. Caster; Vice-Chairman Charles R. Howell; Chairman Robert G. Greer; 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 to allow anyone from the public to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. APPROVAL OF MINUTES Motion: District Commissioner Birzenieks MOVED, SECONDED by District Commissioner Caster to approve the minutes of the Regular Meeting of May 3, 1999 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ACCEPTANCE OF WATER DISTRIBUTION SYSTEM FOR NORTH COUNTY SQUARE SUBDIVISION County Engineer, Wyatt Blanchard, reported that a request has been received from Mr. Dean Potter for the District Board to provide water service and accept a water distribution system to serve 64 lots in the proposed North County Square Subdivision located in the Wrightsboro area. He said if the request is approved, it will be an expansion of the Conoco System. After a review, Staff recommends approval of the request because of the water problems in this area. Discussion followed on the agreement between the District and Conoco regarding the water development fee. County Engineer Blanchard explained that under the contract with Conoco, the District is required to pay $600 per connection to Conoco through the year 2005 to reimburse the company for the thousands of dollars spent in construction of the water system and water tank. After this date, the District will receive the entire water development fee. Motion: District Commissioner Birzenieks MOVED, SECONDED by District Commissioner Caster to accept the water distribution system and provide water service to the North County Square project to serve 64 lots. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JUNE 7, 1999PAGE 506 APPROVAL OF REIMBURSEMENT TO DALLAS HARRIS FOR OVERSIZING THE WATER LINE TO THE WEST BAY WATER SYSTEM County Engineer, Wyatt Blanchard, reported that Dallas Harris plans to construct a water line connecting the District’s Murrayville water system to the West Bay water system. This water line is necessary for expansion of the West Bay project. An eight inch line is required but a ten inch line will better serve the District and provide a more dependable water system. Construction of the waterline will interconnect the District water system from the West Bay area of Ogden through NorthChase to the Wrightsboro system. The difference in the cost of constructing an eight inch line versus a ten inch line is $9,720. Staff is recommending reimbursement of $9,720 to Dallas Harris for construction of the water line. Chairman Greer noted that the proposed water line will connect the water systems in this area at a cost of $9,720 instead of $62,940. Motion: District Commissioner Birzenieks MOVED, SECONDED by District Commissioner Caster to approve a maximum reimbursement of $9,720 to Dallas Harris to pay for the cost difference between construction of a ten inch water line instead of an eight inch water line for the West Bay project and to approve the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #99-0176 - Sewer Operating Fund/Water & Sewer Engineering DebitCredit Sewer Operating Fund: Appropriated Fund Balance$9,720 W&S Engineering: Transfer of Capital Projects/Sewer$9,720 Explanation: To appropriate Water and Sewer fund balance for reimbursement of oversizing water line from West Bay to Murrayville System. APPROVAL OF DISTRICT FUNDING FOR THE COST OF SEWER LINE CONSTRUCTION FROM AN UNNAMED ROAD TO CHANNEL HAVEN DRIVE NORTH County Engineer, Wyatt Blanchard, reported a request has been received from Superior Homes for partial reimbursement of the extension of a main sewer line along an unnamed road connecting to Channel Haven Drive North. The sewer line was constructed to serve a lot on which a home will be built by Superior Homes. Three other lots, including an existing home will be served by the line. This line should have been included in Phase II of the sewer expansion project, but it was overlooked. The total cost of the line is $15,175. The District has been requested to pay $11,381 of the cost with the remaining amount paid by Superior Homes. NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JUNE 7, 1999PAGE 507 Motion: District Commissioner Caster MOVED, SECONDED by District Commissioner Birzenieks to reimburse Superior Homes $11,381 for the extension of the sewer line. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A RESOLUTION FOR NEW HANOVER COUNTY NOT TO RECEIVE RAW SEWAGE OR ANY FORM OF WASTEWATER FROM ANY SOURCE LOCATED OUTSIDE THE COUNTY Chairman Greer noted that the proposed resolution was prepared at the request of Mr. Steve Vosnock after the May 17, 1999 meeting of the Water and Sewer District. He advised that Mr. Vosnock was present and would like to comment on the resolution. Chairman Greer commented on the remarks made by Mr. Vosnock at the May 17, 1999 meeting, and he requested Mr. Vosnock to refrain from making untrue statements about him. Mr. Vosnock requested Chairman Greer to explain what statements were being referenced. Chairman Greer responded the statements referring to him having an inside deal with Del Labs so the sewer could be provided to the company for his financial benefit. Mr. Vosnock asked Chairman Greer if he worked with Del Lab and what type of work he performed. Chairman Greer responded that he did work with Del Labs but his job did not have anything to do with sewer being provided by the District to this company. He informed Mr. Vosnock that he was not going to debate the issue about Del Labs, but he had the resolution placed on the agenda for discussion. Mr. Vosnock said for the public record Mr. Greer is saying that his employment with Del Labs had nothing to do with the provision of sewer to Del Labs. Chairman Greer again informed Mr. Vosnock that he would not debate the issue with him. He asked Mr. Vosnock if he would like to comment on the proposed resolution. Mr. Vosnock informed the District Board that the proposed resolution was necessary to stop the flood of raw sewage into New Hanover County from Pender County. Once the flood gate is opened, it will become a financial and environmental liability that cannot be turned off. New Hanover County residents have paid dearly and repeatedly for sewer related construction. The New Hanover County Engineering Department estimates that only 55% of land parcels in the county are now served by the New Hanover County Sewer System. Receiving sewage from other counties will push existing treatment plants past their treatment capacity, which will result in more taxation to New Hanover County residents that do not have County sewer available to their areas. Since 1985, New Hanover County has collected approximately $15,000,000 in impact fees from new construction in the county. This money has been designated for sewer use and only $250,000 has been spent. These fees NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JUNE 7, 1999PAGE 508 represent a portion of 30-year house mortgages and monthly payments for residents living in New Hanover County. Mr. Vosnock asked if the District Board intends to fuel rapid development of southern and eastern Pender County and pay for its sewer disposal with the impact fees. Chairman Greer said speaking for himself, he believes in regionalism. With the cost of services, it is becoming too expensive for each county to provide wastewater treatment plants, landfills, and parks. As New Hanover County grows, it will be necessary to work with surrounding counties to provide these types of services. He explained that the projects approved in Pender County have not cost New Hanover County taxpayers. Pender County is being required to pay for disposal, treatment, and a transportation charge for the sewage to run through the pipes in New Hanover County. Mr. Vosnock said when the existing treatment plants are at 75% of their capacity and raw sewage is accepted from Pender County, it will become the responsibility of New Hanover County taxpayers to construct new treatment plants because of sewage being received from Pender County. Chairman Greer informed Mr. Vosnock that capacity is available in the existing treatment plant to provide sewer to existing homes in Castle Hayne. Mr. Vosnock responded that Castle Hayne is scheduled to receive sewer in the year 2025. He requested an explanation of how capacity is available to serve existing homes in Castle Hayne when the Sewer Master Plan does not have sewer scheduled until 2025. Chairman Greer responded that other treatment plants would be on line by the time that Castle Hayne receives sewer. Mr. Vosnock said there would be no reason to construct treatment plants if sewage was not accepted from other counties. He asked why New Hanover County taxpayers should be requested to fund new plants for sewage accepted from Pender County. Chairman Greer responded that impact fees would be used for construction of wastewater treatment plants. He reminded Mr. Vosnock that Pender County has to pay impact fees as well as other charges. The District has committed to 50,000 gallons per day for the industrial park in Pender County, and the District is in the process of adding 25,000 gallons per day for Pender County Schools. Director of Finance, Bruce Shell, advised that Pender County is paying an impact fee to the City of Wilmington that will be used for expansion of the wastewater treatment plant. District Commissioner Davis explained to Mr. Vosnock that any customer in Pender County is required to pay New Hanover County a transport fee down to the treatment plant at which time NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JUNE 7, 1999PAGE 509 the customer is required to pay the City of Wilmington to treat the sewer. Also, there is a misunderstanding about when the Castle Hayne area will receive sewer. According to County Engineer Jim Craig, Castle Hayne sewer is scheduled to be completed by 2002. The Prince George phase will not be completed until 2025. Also, the County has received HUD funds that will be used to provide sewer to low-income clients in the Castle Hayne area. Mr. Vosnock asked what percentage of Castle Hayne will be hooked up to sewer by 2002. County Engineer Blanchard responded the downtown area of Castle Hayne will receive sewer service by 2002. Mr. Vosnock requested a definition of downtown Castle Hayne. Assistant County Manager Weaver responded the east side of 132 and the area with low to moderate priced homes. Mr. Vosnock again asked if the intent of New Hanover County is to receive sewer from surrounding counties. Vice-Chairman Howell spoke on the need to provide an additional 25,000 gallons per day of wastewater treatment capacity to Pender County for the three new schools being constructed. He asked Mr. Vosnock why he was opposed to this request. Mr. Vosnock responded this will place an additional burden on the New Hanover County taxpayers and negatively impact the environment. Vice-Chairman Howell informed Mr. Vosnock that Pender County pays for the treatment capacity by user fees, and there is no cost to the taxpayers of New Hanover County. He said that a small portion of the sales tax is used to finance the Sewer System. Mr. Vosnock said the citizens voted for a sewer bond to protect the environment in New Hanover County; therefore, the District should be more concerned about the water quality of the Cape Fear River than about accepting sewer from surrounding counties. He asked how Del Labs was dealing with its sewer. Chairman Greer responded that Del Labs has a wastewater treatment plant that is sufficient to treat the company’s needs; however, Del Labs wants to construct another facility in Pender County. After discussion, Pender County informed Del Labs that sewer would be available in the industrial park if another facility was constructed. The engineering firm of McKim and Creed tried to find a spray field in the area to construct a wastewater treatment plant in Pender County. During that time, the firm of McKim and Creed was working with New Hanover County to stop the NorthChase discharge from going into the Cape Fear River. It was decided to run an interceptor line from the Northeast Cape Fear River back to the 23rd Street Wastewater Treatment Plant. The County began the process of removing the discharge from the Northeast Cape Fear River. McKim and Creed suggested that Pender County contact New Hanover County to see if 50,000 gallons per day of wastewater treatment capacity could be allocated to the industrial park to avoid the discharge NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JUNE 7, 1999PAGE 510 of a spray field into the Northeast Cape Fear River. Mr. Vosnock said it was unbelievable to think that Del Labs would run a pipe from its plant underneath the Northeast Cape Fear River without further plans to use the pipe. Chairman Greer informed Mr. Vosnock that Pender County was making the request, not Del Labs. Mr. Vosnock noted that Del Labs will install a larger pipe that will sooner or later require more than 1,000,000 gallons per day of treatment capacity. He said this was why he had requested adoption of the resolution. He said it is not fair or feasible for New Hanover County to fill up its wastewater treatment plants with sewage from another county. Vice-Chairman Howell responded the District Board will have to decide if an additional 25,000 gallons per day of treatment should be allocated to Pender County for use by three new schools. Chairman Greer called for a motion to either adopt or deny the resolution presented by Mr. Vosnock. Motion: District Commissioner Caster MOVED, SECONDED Vice-Chairman Howell to deny approval of the resolution. Mr. Vosnock commented on people in Middle Sound who are in desperate need of sewer and he asked if it was right for New Hanover County to provide a sewer allocation to Pender County. Vice-Chairman Howell responded that a treatment capacity of 25,000 gallons per day to Pender County will not affect the availability of sewer to the Middle Sound area. He said if this sewer allocation had a negative impact on the residents of Middle Sound, he would not support the request. Mr. Vosnock asked what New Hanover County will do when the treatment plants are filled to capacity. Vice-Chairman Howell responded the District is in the process of expanding the 23rd Street Wastewater Treatment Plan. Also, Pender County has future plans to provide sewer to county residents. Mr. Vosnock said after speaking with McKim and Creed, he was informed that Pender County plans to use the line to bring sewer from the Hampstead area to New Hanover County. Pender County is placing a large pipe under the Cape Fear River to develop southeastern Pender County, which is not fair to the residents of New Hanover County. Chairman Greer called for a vote on the motion to deny the proposed resolution. Upon vote, NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JUNE 7, 1999PAGE 511 MOTION CARRIED UNANIMOUSLY. the ADDITIONAL ITEM APPROVAL OF ADDITIONAL 25,000 GALLONS PER DAY OF WASTEWATER TREATMENT TO PENDER COUNTY TO SERVE NEW SCHOOLS Chairman Greer reported the City of Wilmington has adopted a resolution granting the additional 25,000 gallons per day of wastewater treatment capacity to Pender County contingent upon the allocation being non-transferable, used only for schools, and no future allocations will be considered until Pender County has completed its Sewer Master Plan. Motion: Vice-Chairman Howell MOVED, SECONDED by District Commissioner Caster to approve the 25,000 gallons per day of wastewater treatment capacity to Pender County contingent upon the conditions outlined by the City of Wilmington. District Commissioner Birzenieks asked if staff was absolutely sure that approval of this treatment capacity will not impact the availability of sewer to the citizens of New Hanover County. County Engineer Blanchard assured Commissioner Birzenieks that the proposed sewer allocation will not impact existing residences in the Castle Hayne area. Chairman Greer said that he did not think any member of the District Board would do anything to adversely impact the citizens of New Hanover County. District Commissioner Davis said he has a problem with providing any sewer capacity outside the County until the sewer has been provided to all residents living in the unincorporated county. People in Castle Hayne have been promised sewer for years and nothing has been done; therefore, he cannot support the request. District Commissioner Birzenieks shared the concerns of District Commissioner Davis and he said the other side to consider is regionalism, which in his opinion is here. For example, New Hanover Regional Medical Center will be upgrading Pender Memorial Hospital which will allow Pender County citizens to receive quality medical care. Chairman Greer called for a vote on the MOTION to approve the additional capacity. Upon MOTION CARRIED BY A 4 to 1 VOTE AS FOLLOWS: vote, the Voting Aye:District Commissioner Birzenieks District Commissioner Caster Vice-Chairman Howell Chairman Greer Voting Nay:District Commissioner Davis NEW HANOVER COUNTY WATER AND SEWER DISTRICTBOOK 2 REGULAR MEETING, JUNE 7, 1999PAGE 512 ADJOURNMENT Motion: District Commissioner Birzenieks MOVED, SECONDED by District Commissioner Caster to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 12:45 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board