Loading...
HomeMy WebLinkAbout1993-05-03 Water & Sewer NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2 REGULAR MEETING, MAY 3, 1993PAGE 105 ASSEMBLY The District Board of Commissioners of the New Hanover County Water & Sewer District met in Regular Session on Monday, May 3, 1993, at 12:02 A.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. APPROVAL OF MINUTES Motion: District Commissioner Sisson MOVED, SECONDED by District Commissioner Greer to approve the minutes of the Regular Meeting of April 19, 1993, as presented by the Clerk to the District Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Discussion of Easement Problem on Greenville Loop Road Ms. Lola Franks Ellerby, 5958 Greenville Loop Road, reported when the sewer system became available four years ago, in good faith, she paid the tap fee and as of this date the family has not received sewer service. In 1990 she was requested by the District to grant an easement across the family property for installing a sewer line. At that time, questions were asked with no answers received; therefore, the family did not grant the easement. After several visits and meetings with County staff and environmental persons, ten questions were submitted with ten written responses received from the District. After further study, 58 more questions were submitted with no response ever received from the District. The purpose of the 58 questions was to present the written answers to an attorney in order to ensure protection of the family property if the easement was granted. Chairman Mathews reported the District has explored several options in trying to obtain an easement that would satisfy all property owners involved; however, this has not been accomplished. The proposal presented tonight does not include any portion of the Ellerby property; therefore, he would like to know why this proposal is not acceptable? Ms. Ellerby commented discrimination against her family and the many untruths that have been told about trying to obtain easements and stated when she heard that Mr. Clarence Alford was going to file a lawsuit because he is opposed to this plan, she had not decided whether to agree on the option being discussed tonight. NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2 REGULAR MEETING, MAY 3, 1993PAGE 106 Chairman Mathews inquired as to how the County Sewer District has shown any form of discrimination? Ms. Ellerby responded that discrimination has occurred because new developments have received sewer service before existing dwellings, who residents that have lived in this area for years. Chairman Mathews inquired as to how the County can satisfy and resolve this problem and if she will discuss this matter with County staff? Ms. Ellerby reported the reason for not discussing this matter with County staff was the number of untruths that have transpired about this easement as well as unfair treatment to existing residents. Lawyers and realtors have tried to steal this land from her family for years; therefore, it is difficult to place faith in anything said or offered. The County Engineer is not to blame for the problem, and she will consider discussing this matter with him if the District Board considers the following recommendations: -Development of a policy that will require the County Engineering Department to consider and satisfy the needs of existing dwellings before providing sewer to new development. -Evaluation of current plans as to performance before budgeting or allocating additional funds for expansion of the Sewer System. -Require the Engineering Department and Environmental Health Department to communicate and coordinate their efforts before approaching any resident. -Require an audit of the Sewer District with financial statements being made public as to the amount of funds expended for the Sewer System before budgeting or allocating additional funds to the Sewer District. -Sewer services should be acted upon quickly once the fees are paid. -Fair and equal services should be provided to all residents without prejudice. -No County official should be able to use his/her influence to persuade residents to negotiate agreements. -Respond to the 58 questions submitted. -Property owners should be given descriptions and definitions, not in technical terms, but in terms that can be understood by the general public. A handbook should be prepared explaining NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2 REGULAR MEETING, MAY 3, 1993PAGE 107 details about acquiring easements and how the sewer line is to be installed. Chairman Mathews requested the County Engineer, Wyatt Blanchard, to present background information on efforts to obtain an easement. County Engineer, Wyatt Blanchard, reported when the 3J's subdivision was introduced, the former District Board of Commissioners granted an exemption for placement of the sewer line in this subdivision. Since that time, houses have been constructed by Mr. Clarence Alford and another homeowner who are now experiencing problems with malfunctioning septic tanks. In an effort to resolve the problem and install a sewer line to the subdivision the following options have been proposed: Option 1: Request an easement across the Ellerby property. The District was not able to negotiate an agreement. Option 2: Run the sewer line from Greenville Loop Road to the subdivision; however, the depth of the sewer on Greenville Loop Road prohibited the line from being installed due to the line going downhill and the sewer coming up from the subdivision. Option 3: Cross adjacent property on the eastern side of the 3J's Subdivision. This option was not successful because the property owner would not grant an easement. Option 4: Install a line around the edge of the water. Two property owners refused to grant easements. Option 5 (the option being discussed): Add an additional pump station on the edge of Mr. Clarence Alford's property with the sewer line between his property and Ms. Ferrell's property running parallel down to the edge of Ms. Ellerby's property over to the pump station on Mr. Alford's property which will pump sewer to the Greenville Loop Road. A permit has been received and a contractor has projected the cost for installing the sewer line; however, Mr. Alford is dissatisfied with the proposal. Chairman Mathews asked Mr. Clarence Alford if he would like to comment. The following remarks were received: Mr. Clarence Alford reported in 1990 the District granted permission to install a septic tank contingent upon the fact that the soil would perk. The Environmental Division of the Health Department issued guidelines for installation of the system and a Health Department employee was on site while the contractor installed the system. This process required three months and was quite costly, but the septic tank system never functioned properly. NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2 REGULAR MEETING, MAY 3, 1993PAGE 108 After two years, the homes in this subdivision are in desperate need for sewer service. The most economical route to follow is to place the sewer line across Ms. Ellerby's property to the existing pump station. This route will increase the value of the Ellerby property and save money for the Sewer District by eliminating construction of another pump station. Mr. Alford strongly objected to the proposed plan which is to place a pump station in front of his home, move his well, and run the entire sewer line down his property in order to accommodate Ms. Ellerby's property. The District Commissioners were urged be fair in rendering a decision on this matter. Vice-Chairman Barone expressed concern for the Sewer District having to construct, maintain, and operate another pump station. After further discussion, Chairman Mathews requested Ms. Ellerby to work with the Engineering Department to resolve this matter. ADJOURNMENT Motion: District Commissioner Sisson MOVED, SECONDED by Vice- Chairman Barone to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 12:36 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the District Board