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1996-06-17 Water & Sewer NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JUNE 17, 1996PAGE 307 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on June 17, 1996, at 4:15 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 general public would like to present an item not listed on the Regular Agenda. No items were presented. APPROVAL OF MINUTES Motion: District Commissioner Caster MOVED, SECONDED by District Commissioner Sisson to approve the minutes of the Regular Meetings of May 6, 1996, and June 3, 1996, as presented by the Clerk to the District Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONTRACT FOR KIRKLAND/BRANDYWINE SEWER PROJECT Mr. George Shaw, Project Engineer for the Water & Sewer District, reported the following bids were received on June 11, 1996, for the Kirkland/Brandywine Sewer Project. After review, Staff recommends award of the low bid to R. H. Moore in the amount of $819,902. Webcon No bid received Talco $ 958,750 M&A $ 954,838 R.H. Moore $ 819,902 State Utilities $1,435,430 District Commissioner Greer asked why the Brandywine area was selected for the sewer line extension? County Engineer Blanchard explained that this was the best route for enabling the Ogden Elementary School to connect to the Sewer System. Motion: District Commissioner Sisson MOVED, SECONDED by District Commissioner Caster to award the contract to R. H. Moore, the lowest bidder, in the amount of $819,902 for the Kirkland/Brandywine Sewer Project and approve the associated Budget Amendment. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JUNE 17, 1996PAGE 308 Budget Amendment #96-0252 - New Hanover County Schools Debit Credit New Hanover County Schools Appropriated Fund Balance $25,000 Ogden Sewer $25,000 Purpose: To appropriate $25,000 to the Fund Balance of the Schools to pay for additional expenses related to the Ogden Elementary School sewer connection. A copy of the contract is on file in the Legal Department. ADOPTION OF FISCAL YEAR 1996-97 BUDGET ORDINANCE FOR THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Discussion was held on the recently adopted impact fee and how the revenue generated would be appropriated. County Engineer Blanchard reported the proceeds from the impact fee were being placed in the Water and Sewer General Fund. District Commissioner Greer noted that traditionally impact fees were earmarked to construct sewer lines and provide funding for maintenance of the Sewer System. He asked if the District Board could reserve proceeds from the impact fee after adoption of the budget? County Manager O'Neal advised that funds could be reserved after adoption of the budget and reported a transfer of $2,147,183 has been transferred to capital projects in the recommended FY 1996-97 Budget. Motion: District Commissioner Greer MOVED, SECONDED by District Commissioner Sisson to adopt the FY 1996-97 Budget Ordinance for the New Hanover County Water and Sewer District as recommended by the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book II, Page 18. ADOPTION OF A RESOLUTION TO AWARD BID #96-0468 (CONTRACT #96-0468) TO PETE DUTY & ASSOCIATES, INC. FOR THE WASTEWATER TREATMENT PLANT FOR THE VISION SOFTWARE PROJECT County Engineer, Wyatt Blanchard, reported Staff had solicited bids for a used wastewater treatment plant for the Vision Software Project with only one bid received from Pete Duty & Associates, Inc. of Durham, North Carolina. After a review of the bid, Staff recommends award of the bid to Pete Duty & Associates, Inc. in the amount of $69,625. The used plant is in excellent condition and will cost much less than a new plant at an estimated cost of $145,000. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JUNE 17, 1996PAGE 309 Motion: District Commissioner Caster MOVED, SECONDED by District Commissioner Greer to adopt a resolution to award the bid to Pete Duty & Associates, Inc. of Durham, North Carolina, in the amount of $69,625 for the purchase of a used wastewater treatment plant for the Vision Software Project. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book II, Page 18. A copy of the contract is on file in the Legal Department. AWARD OF CONTRACT FOR CONSTRUCTION OF WASTEWATER COLLECTION SYSTEM FOR THE VISION SOFTWARE SEWER PROJECT Project Engineer, George Shaw, reported the Vision Software Sewer Project will provide a wastewater collection system for the new Vision Software plant and surrounding area. He reported bids were opened on June 11, 1996, with the following bids received. After review, Staff recommends award of the low bid in the amount of $322,606 to On-Site located in Smithfield, North Carolina. Webcon $424,166.30 Talco $394,473.00 M & A $334,742.30 R.H. Moore $346,910.50 State Utilities $604,421.00 On-Site $322,606.00 Motion: District Commissioner Sisson MOVED, SECONDED by District Commissioner Caster to award the contract to On-Site in the amount of $322,606. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. APPROVAL OF CONTRACT #96-0452 WITH CAROLINA EAST DEVELOPERS, INC., 421 SOUTH ASSOCIATES LIMITED PARTNERSHIP, AND LANDMARK DEVELOPERS, FOR CONSTRUCTION OF A PUMP STATION AND FORCE MAIN County Engineer, Wyatt Blanchard, advised that an 8-inch sewer force main will be constructed from the existing Tidal Holm pump station along River Road to the new pump station being designed at Mott's Creek and River Road. The developers will benefit by building subdivisions without the usage of septic tanks, and the District can eliminate the Monterey Heights Wastewater Treatment Plant. Arrondale Subdivision will be able to utilize its dry sewer, Masonboro Commons will connect to the sewer, and Heritage Woods and Lord's Creeks will have a more direct route for the sewer. Staff recommends charging a $1.50 per gallon fee for daily usage to developers using the line ahead of schedule who are not a partner in the contract. The fee is to be paid to the Water and Sewer District. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JUNE 17, 1996PAGE 310 County Engineer Blanchard reported the estimated cost of the project is $100,000 with the three developers providing the funding upfront in the amount of $20,000 each and the District contributing $40,000 as its share. The funding will not be needed until FY 1997-98; therefore, a Budget Amendment and Project Ordinance should be adopted for the project. District Commissioner Greer expressed concern for high density development occurring in this area, and he asked when the zoning regulations governing high density projects would be presented to the Board of County Commissioners? County Manager O'Neal reported this item would be discussed on July 1, 1996. District Commissioner Sisson recommended deferring action on this request until after the July 1, 1996. Assistant County Manager, Dave Weaver, reported the Technical Review Committee approves a development contingent upon receiving County sewer or connecting to another centralized sewer system. If this criteria is met, the Technical Review Committee has no choice but to approve the request. He cautioned delaying action on this request because the necessary requirements have been met and this action could be interpreted as a moratorium on the request. District Commissioner Sisson expressed concern for constantly feeling that development controls the County instead of the County controlling development. He recommended postponing action of this request until the high density regulations have been reviewed. Motion: District Commissioner Greer MOVED, SECONDED by District Commissioner Caster to approve a contract with Carolina Eastern Developers, Inc.; 421 South Associates Limited Partnership, and Landmark Developers for construction of a pump station and force main for the new pump station being designed at Mott's Creek with the District contributing $40,000 and implementation of a $1.50 per gallon fee for daily use by non-participating parties for new development with the proceeds being paid to the District. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: District Commissioner Caster District Commissioner Greer Vice-Chairman Barone Chairman Mathews Voting Nay: District Commissioner Sisson Commissioner Sisson stated, for the record, he could not support action that is money driven by the developers, particularly when the high density issue has not been addressed by the Board. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JUNE 17, 1996PAGE 311 A copy of the contract is on file in the Legal Department. APPROVAL OF CONTRACT #96-0472 WITH BILL CLARK HOMES OF WILMINGTON, LLC AND SATURN DEVELOPMENT CORPORATION County Engineer, Wyatt Blanchard, presented a revised contract and reported Bill Clark Homes of Wilmington, L.L.C.; Saturn Development Corporation; Manley Development, L.L.C; Jesse M. Blanton, Jr.; Russell M. Maynard; and Arnold L. Sobol have requested authorization to construct a temporary sewer pump station and force main on the recently constructed section of the Mott's Creek sewer line. The required costs for the pump station and force main will be paid by the developers. This line will allow the developers to connect to the sewer system, and the District will be able to remove four old pump stations eighteen months earlier than anticipated, which will greatly reduce maintenance costs. District Commissioner Sisson strongly objected to the request and stated this was another example of the developers controlling high density development instead of the County. Motion: After discussion of the advantages of removing the old pump stations and the fact that sewer would be provided to this area in eighteen months, Vice-Chairman Barone MOVED, SECONDED by District Commissioner Greer to approve the contract with no funding required by the District. The Chairman was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: District Commissioner Caster District Commissioner Greer Vice-Chairman Barone Chairman Mathews Voting Nay: District Commissioner Sisson A copy of the contract is on file in the Legal Department. DISCUSSION OF JOINT CITY/COUNTY NORTHSIDE WASTEWATER TREATMENT PLANT DRAFT AGREEMENT County Manager O'Neal presented a letter from the City Manager regarding action by the City Council on the draft agreement for the proposed joint Northside Wastewater Treatment Plant. He reported the City was not against a joint utility; however, the City Council was not in favor of establishing an authority for operation of the facility. He stressed the importance of trying to work with the City and stated from a financial perspective, a joint effort would be good for New Hanover County. District Commissioner Greer commented on the interlocal agreement and stated, in his opinion, the City was trying to manage and operate the joint facility through the proposed agreement. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, JUNE 17, 1996PAGE 312 County Manager O'Neal suggested scheduling a joint meeting with the City Council to further discuss this matter to see if some agreement could be reached. Vice-Chairman Barone expressed concern for establishing a precedent that is occurring throughout the State where cities are controlling counties. She noted that if New Hanover County continues to allow the City to take the lead role, the County will end up in the same situation that has occurred in Durham, N. C. Commissioner Sisson stated, in his opinion, no definite entity has been discussed for operation of a joint wastewater treatment plant; therefore, he would recommended developing a structure that will be acceptable to both the City Council and Board of County Commissioners. County Manager O'Neal reported there are approximately seven options in the General Statutes that allow for development of an entity to operate a joint City/County facility. District Commissioner Greer recommended forwarding a letter to the City Council informing them that New Hanover County is not interested in an interlocal agreement that will authorize the City to operate the water and sewer utilities; however, the Board would be in favor of developing a third party to operate a joint utility. He stated an agreement could be negotiated over a period of years to protect the City from losing revenue. He stressed the importance of the City Council realizing that New Hanover County is not interested in taking anything away from the City. Consensus: After further discussion, it was the consensus of the District Board for the following persons to meet to see if a satisfactory arrangement can be negotiated for a joint City/County Wastewater Treatment Plant: Mayor Don Betz; Chairman Robert G. Greer; Vice-Chairman E. L. Mathews, Jr.; one member of the City Council; City Manager, Mary Gornto, and County Manager Allen O'Neal. County Manager O'Neal recommended scheduling the meeting after the City Council meets on June 18, 1996. ADJOURNMENT Chairman Mathews adjourned the meeting at 4:20 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the District Board