1994-06-06 Water & Sewer
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, JUNE 6, 1994PAGE 162
ASSEMBLY
The District Board of Commissioners of the New Hanover County
Water & Sewer District met in Regular Session on Monday, June 6,
1994, at 10:56 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 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 Sisson MOVED, SECONDED by District
Commissioner Caster to approve the minutes of the Regular Meeting
of May 16, 1994, as presented by the Clerk to the District Board.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF FY 1994-95 BUDGET ORDINANCE FOR THE NEW HANOVER COUNTY
WATER & SEWER DISTRICT
Motion: After discussion of transfers and the use of the one-half
cent sales tax, District Commissioner Caster MOVED, SECONDED by
District Commissioner Sisson to adopt the FY 1994-95 Budget
Ordinance for the New Hanover County Water & Sewer District. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Budget Ordinance is hereby incorporated as a
part of the minutes and is contained in W&S Exhibit Book II, Page
15.
POSTPONEMENT OF ITEM #3, PRESENTATION OF RECOMMENDATIONS BY THE NEW
HANOVER COUNTY SEWER TASK FORCE
Chairman Mathews reported due to the lengthy agenda for the
Board of County Commissioners, this item has been postponed and
will be rescheduled at a later date.
County Manager O'Neal reported this item will be scheduled for
the first meeting in July in order to better accommodate the
members of the Sewer Task Force who work during the day.
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, JUNE 6, 1994PAGE 163
APPROVAL OF SEWER CONNECTION VARIANCE REQUEST TO THE OGDEN BRANCH
OF COOPERATIVE BANK FOR SAVINGS
County Engineer, Wyatt Blanchard, reported Cooperative Bank
for Savings has requested a variance for connection of a new branch
building to the District Sewer System in the Ogden area by a method
that does not comply with the standard policy. The standard policy
of the Sewer District, as outlined in Section 15-31 of the New
Hanover County Water & Sewer Ordinance, requires a minimum sewer
line size of eight (8) inches with the applicant paying all costs
for the extension.
The attorney representing Cooperative Bank for Savings has
prepared the following options:
1. Grinder Pump Station: Install a small grinder pump station to
be privately owned and operated with a 1.5 inch force main
approximately 400 feet southwest to an existing manhole. Cost of
this system is estimated at $7,900 and will not require a permit
from the N. C. Department of Environment, Health, & Natural
Resources.
2. Gravity Service: Install a 6-inch and 4-inch sewer service
approximately 370 feet southwest to an existing manhole to be
publicly or privately owned. The cost of this system is estimated
at $7,650 and will not require a permit from the N. C. Department
of Environment, Health, & Natural Resources.
3. Gravity Sewer Extension: Bore and jack a 16-inch casing
beneath Market Street to the northeast and install an 8-inch sewer
line approximately 325 feet to the site. Cost of this system is
estimated at $19,560 and will require a permit from the N. C.
Department of Environment, Health, & Natural Resources, if not
already approved.
Cooperative Bank for Savings has requested permission to use
Option 2, which does not comply with District requirements for
sewer extensions. Option 3 does comply with District requirements
but is more expensive. After a review, staff recommends denial of
the variance request with the District requiring the sewer
extension to be in compliance with the Water & Sewer Ordinance.
County Engineer Blanchard reported the engineer for the
project is present and would like to comment.
Mr. Larry Sneeden, an engineer representing Cooperative Bank
for Savings, reported the site is located on the northeast corner
of Gordon Road and its intersection with Market Street.
Unfortunately, this site is not adjacent to a District sewer line.
There is a District sewer line located 250 feet south; a manhole
275 feet south on the east side of Market Street; and a District
sewer line located 250 feet north, but on the other side of Market
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, JUNE 6, 1994PAGE 164
Street. In order to connect to the sewer line north of Market
Street, which complies with the Water & Sewer District Ordinance,
a 250 foot line would have to be run down Market Street with the
boring of a 16-inch casing under Market Street and installing an 8-
inch line into the manhole.
The other two options require extending a private line that
would be owned by Cooperative Bank for Savings along Market Street
and connecting to the manhole on the other side of McDonald's. The
N. C. Department of Transportation requires that permission must be
obtained from adjacent property owners when installing a private
utility line within the right-of-way. Approval for use of the
rights-of-way have been received from the Camerons, who own the
shopping center, and from McDonald's. The District Board is being
requested to grant a variance from the standard policy. No
substandard work or materials will be used for installing the
private line. Costs for extending the line and maintenance of the
line will be paid entirely by Cooperative Bank for Savings.
Due to the difference in cost for a branch bank with only five
employees, Cooperative Bank for Savings would prefer using Option
1 or Option 2 at an approximate cost of $7,900 instead of Option 3,
which will cost approximately $20,000. As to actual choice, the
bank prefers Option 2; however, since the N. C. Department of
Transportation has to approve the project, the bank is requesting
that both options remain open to allow for more flexibility in
presenting the request.
Vice-Chairman Barone inquired as to why Option 2 does not
comply with the ordinance if right-of-way approval has received
from adjacent property owners and the sewer line will be built to
District standards?
County Engineer Blanchard reported any sewer line extension
under the ordinance must be extended to District specifications.
In this case, an 8-inch or larger line must be installed up to the
property line of the site. The 6-inch line being proposed is a
service line and will not be compatible with the 8-inch line used
by the District.
Commissioner Sisson requested the County Attorney to explain
why procedures for a variance are not included in the Water & Sewer
District Ordinance?
County Attorney Copley reported there is no provision in the
ordinance for granting a variance. If the District Board decides
to grant the variance, the Legal Department will have to prepare an
amendment to the Water & Sewer Ordinance.
Commissioner Caster asked to be excused from voting on this
matter since he owns stock with Cooperative Bank for Savings.
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, JUNE 6, 1994PAGE 165
County Attorney Copley reported Board action is needed in
order for District Commissioner Caster to be excused from voting.
Motion: District Commissioner Sisson MOVED, SECONDED by Vice-
Chairman Barone to excuse District Commissioner Caster from voting
on this matter because of a potential conflict of interest.
Motion: After discussion of variances not being granted in the
past, District Commissioner Sisson MOVED, SECONDED by District
Commissioner Greer to deny the variance request and allow
Cooperative Bank for Savings to proceed with Option 3 that is in
compliance with the Water & Sewer Ordinance. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: District Commissioner Greer
District Commissioner Sisson
Vice-Chairman Barone
Chairman Mathews
Excused: District Commissioner Caster
ADOPTION OF RESOLUTION AWARDING BID #94-0346 (CONTRACT #94-0346) TO
MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR REMOTE TELEMETRY
UNITS FOR THE WATER & SEWER DISTRICT
County Engineer, Wyatt Blanchard, reported only one bid was
received for the purchase of Remote Telemetry units for the Water
& Sewer District. This bid was from Motorola Communications and
Electronics, Inc. in the amount of $59,674.95. The original bid
exceeded the budget estimate and as provided in N.C.G.S. 143-129,
staff has negotiated with the only bidder to bring this contract
within the funds available.
District Commissioner Greer inquired as to why the sales tax
and $7,000 hook up fee was not included in the bid?
County Engineer Blanchard reported the $7,000 was included in
the negotiated price which was reduced from $68,005.00 to
$59,674.95. The sales tax was not required to be a part of the bid
specifications.
County Manager O'Neal reported he will be glad to check with
the Purchasing Agent to see why the sales tax was not included.
Motion: District Commissioner Greer MOVED, SECONDED by Vice-
Chairman Barone to adopt the resolution awarding the bid to
Motorola Communications and Electronics, Inc. at the negotiated
price of $59,674.95 for 15 units to be hooked up and installed
including all costs except the sales tax. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in W&S Exhibit Book II, Page 15.
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, JUNE 6, 1994PAGE 166
A copy of the contract is on file in the Legal Department.
APPROVAL OF AMENDED ENGINEERING CONTRACT #94-0348 WITH HOBBS
UPCHURCH AND ANDREW & KUSKE FOR THE NORTHSIDE WASTEWATER TREATMENT
PLANT
County Engineer, Wyatt Blanchard, reported the firm of Andrew
and Kuske has been included in the contract with Hobbs Upchurch as
requested by the District Board. He requested final approval of
the contract for the following fee proposal as presented at the
last meeting:
Design and Bidding - $507,247
Construction & Post Construction - $287,160
201 Facility Plan Update (if necessary) - $150,985
*Based upon an estimated construction cost of $11,000,000, the
design percentage will be 4.61%, which is a reasonable fee.
Motion: District Commissioner Greer MOVED, SECONDED by District
Commissioner Sisson to approve the amended contract. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: District Commissioner Caster
District Commissioner Greer
District Commissioner Sisson
Chairman Mathews
Voting Nay: Vice-Chairman Barone
Vice-Chairman Barone stated, for the record, she voted in
opposition to the contract not because the firm is not capable of
performing the work, but because, in her opinion, the District
Commissioners were locked out of the selection process.
A copy of the contract is on file in the Legal Department.
APPROVAL OF CAPITAL PROJECT ORDINANCE AND BUDGET AMENDMENT #94-044
FOR THE NORTHSIDE WASTEWATER TREATMENT PLANT CAPITAL PROJECT
ORDINANCE
Finance Director, Bruce Shell, requested approval of the
Capital Project Ordinance and associated Budget Amendment to
establish the budget for the construction of the Northside
Wastewater Treatment Plant.
District Commissioner Greer expressed concern for approving
the design contract with Hobbs Church/Andrew & Kuske and the
Capital Project Ordinance, and then suddenly having a construction
firm involved in the process without any input by the District
Board.
County Manager O'Neal reported this will not occur. The
District Board must approve all construction contracts.
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, JUNE 6, 1994PAGE 167
Chairman Mathews requested a motion for approval of the
Capital Project Ordinance and associated Budget Amendment.
Motion: District Commissioner Greer MOVED, SECONDED by Vice-
Chairman Barone to approve the Capital Project Ordinance for the
Northside Wastewater Treatment Plant and following Budget
Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #94-044 - Northside Wastewater Treatment Capital
Project Ordinance
Debit Credit
Northside Wastewater Treatment Plant
Transfer from Fund 801 $794,407
Northside Wastewater Treatment Plant
Capital Project Expense $794,407
A copy of the Capital Project Ordinance is hereby incorporated
as a part of the minutes and is contained in W&S Exhibit Book II,
Page 15.
ADJOURNMENT
Motion: District Commissioner Caster MOVED, SECONDED by District
Commissioner Sisson to adjourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 11:54 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the District Board