1996-05-06 Water & Sewer
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2
REGULAR MEETING, MAY 6, 1996PAGE 295
ASSEMBLY
The District Board of Commissioners of the New Hanover County
Water and Sewer District met in Regular Session on Monday, May 6,
1996, at 11:35 P.M. in the Assembly Room of the New Hanover County
Courthouse, 24 North Third Street, Wilmington, North Carolina.
Members present were: District Commissioners William A.
Caster; Robert G. Greer; William E. Sisson, Jr.; Vice-Chairman
Sandra Barone; Chairman E. L. Mathews, Jr.; County Manager, Allen
O'Neal; County Attorney, Wanda M. Copley; and Clerk to the District
Board, Lucie F. Harrell.
Chairman Mathews called the meeting to order.
NON-AGENDA ITEMS
Chairman Mathews inquired as to whether anyone from the public
would like to present an item not listed on the agenda.
No items were presented.
APPROVAL OF MINUTES
Motion: District Commissioner Sisson MOVED, SECONDED by District
Commissioner Greer to approve the minutes of the Regular Meeting of
April 15, 1996, as presented by the Clerk to the District Board.
ITEM 4, CONSIDERATION OF SEWER CONDEMNATION POSTPONED UNTIL MAY 20,
1996
Chairman Mathews reported at the request of Staff, Item 4,
Consideration of Sewer Condemnation, has been removed and would be
placed on the agenda for May 20, 1996.
DISCUSSION OF CONTRACT WITH THE CITY OF WILMINGTON TO UTILIZE THE
UNUSED CAPACITY IN THE CITY'S NORTHSIDE WASTEWATER TREATMENT PLANT
County Manager O'Neal presented amendments to the contract
with the City of Wilmington to utilize the unused capacity in the
City's Northside Wastewater Treatment Plant and jointly expand the
facility once the 90% capacity was reached. He reported that Staff
was not opposed to the proposed amendments presented by the City,
and stated many hours had been spent by Staff Members of the City
and County in reaching an equitable agreement. He emphasized the
importance of moving forward with this joint effort, which will
provide one facility and save money for both governments.
Discussion was held on the permits issued for discharge into
the Cape Fear River. County Engineer Blanchard responded that
currently the City has been issued an 8 million gallon discharge
permit, and the District has been issued a 4 million gallon
discharge permit. He advised that both permits would be combined
and placed under one name and reported eventually, 1 million
gallons from the Northeast Cape Fear River will be added to the
combined discharge permit. In the future, discharge reuse will be
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2
REGULAR MEETING, MAY 6, 1996PAGE 296
considered for watering golf courses or cooling industrial towers,
which will reduce the amount of discharge going into the river.
District Commissioner Greer inquired as to the amount of
capacity gained by the District? County Engineer Blanchard
responded the capacity would increase by 4 million or 6 million
gallons depending on the size of the expanded facility.
District Commissioner Greer inquired as to the cost of a new
plant being constructed by the District versus jointly expanding
the City's Northside Wastewater Treatment Plant.
County Engineer Blanchard responded the District would pay
$8,500,000 for jointly expanding the City's Northside Wastewater
Treatment Plant by 4 million gallons. The estimated cost for
constructing a separate plant would be $12,000,000.
District Commissioner Greer expressed concern for the
following statement referenced in the responsibilities section of
the contract: "The City will exercise sole and ultimate discretion
with regard to approval and disapproval of permit applications."
He requested an explanation of this statement.
Assistant County Manager, Dave Weaver, advised that this
portion of the contract refers to industrial or commercial
applications. Also, the City will be responsible for any discharge
from the plant; therefore, if a fine occurs, the City would be held
liable.
District Commissioner Greer disagreed and stated on Page 12,
Section 26, the contract reads as follows: "It is understood and
agreed by and between the City and District that the City shall not
be liable for any failure of any sanitary sewerage treatment system
of the City except for negligence of the City, its agents,
officials, employees, contractors, and subcontractors." He
recommended rewording this section.
County Attorney Copley reported the City's intent was to
clarify that the City would be responsible only for the actions by
City employees and City agents, not other entities. She advised
the contract could be changed to add another paragraph under this
section to read as follows: "The District will be responsible only
for the actions of its employees and agents. The City will be
responsible for taking any and all legal actions against any
negligent party that causes a fine to occur."
It was agreed to direct the County Attorney to incorporate
this change into the joint agreement.
District Commissioner Greer commented on Page 6, Plant
Expansion, which reads as follows: "Designate an official to
represent the District who shall have the authority on behalf of
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2
REGULAR MEETING, MAY 6, 1996PAGE 297
the District to approve all matters of design and construction of
the plant construction to include all final design plans and
specifications and change orders." He advised that he did not feel
any member of the Board would desire to have this authority.
County Attorney Copley responded the District Board could
appoint a member of Staff, such as the County Engineer, to be the
designated official.
District Commissioner Sisson recommended amending this section
to read as follows: "The District shall have the authority to
approve all matters of design and construction of the plant
construction to include all final design plans and specifications
and change orders." The District Board can then establish a dollar
amount that would require approval of change orders by the District
Board.
It was agreed by the Board to direct the County Attorney to
incorporate this change into the interlocal agreement.
District Commissioner Greer commented on Page 5, Engineering
Cost for Plant Expansion and Plant Upgrade, and requested an
explanation of the cost to the District.
County Engineer Blanchard responded the District will pay any
expansion related to the District's portion of the plant, which is
4 to 6 million gallons. The District will pay for the portion of
the upgrade that will be directly related to the District's portion
of the expansion.
District Commissioner Greer commented on Page 8, and the
formula devised to determine the cost figures and asked if the
District is protected under this statement.
County Engineer Blanchard advised he would have to check into
this section and report back to the District Board.
District Commissioner Greer stated he was in favor of jointly
expanding the City's Northside Wastewater Treatment Plant with some
type of entity created to operate the expanded facility. However,
he feels the City would like for the District to turnover the
entire responsibility and operation of the plant to the City. He
recommended creating a Water and Sewer Authority to operate the
facility.
Vice-Chairman Barone stated the only way she would support the
creation of an authority would be for the elected officials to
serve as its members.
After further discussion, County Manager O'Neal recommended
including language in the contract for both governments to move
toward creating an authority or similar entity.
NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2
REGULAR MEETING, MAY 6, 1996PAGE 298
Motion: After further discussion, District Commissioner Sisson
MOVED, SECONDED by District Commissioner Caster to make the changes
agreed upon, authorize the County Engineer to review the wording
regarding the formula on Page 8, and direct Staff to transmit these
changes to the City Council for consideration.
District Commissioner Greer reported he felt the District
Board was rushing into this matter and stated time should be
provided for a complete review of these recommended changes before
requesting approval by the City Council.
Commissioner Sisson WITHDREW HIS MOTION.
Substitute Motion: District Commissioner Caster made a SUBSTITUTE
MOTION, SECONDED by District Commissioner Sisson to defer action
and continue this item until the May 20, 1996, meeting and direct
the County Manager to transmit the proposed changes to the City.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
Motion: District Commissioner Caster MOVED, SECONDED by District
Commissioner Greer to adjourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 11:44 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the District Board