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Brunswick commissioners delay vote that could revive stalled subdivision

Brunswick County’s Board of Commissioners on Monday delayed voting on an agreement that a local developer believes would get a stalled subdivision moving.

The commissioners at their regular meeting voted 3-2 with Commissioners’ Chairman Bill Sue and Commissioner Charles Warren dissenting, to table an agreement that would allow Coastal Construction of Eastern N.C. LLC to build a model home in Ocean Isle Palms even though no sewer is available yet for the development.

Developers are responsible for putting in a sewage collection system and building transmission lines to hook to the county when necessary. In some situations the county has allowed developers to build homes before the sewer system is completed, County Manager Marty Lawing said.

But in those situations, the sewer system was imminent or already under construction.

That’s not the case here.

Lawing said under normal circumstances the county would not consider this, but because of the hard economic times, he brought it to the board of commissioners.

Some commissioners were concerned that the agreement would open up the county to being sued. County Attorney Huey Marshall said he tried to limit the county’s liability in the agreement.

Sue said nothing would make the county immune to lawsuits. “You can sue the Pope if you want to,” he said.

The county is also still working out another agreement with Coastal Construction on how to develop the sewer system. Commissioner Phil Norris said he wants to wait until that agreement is worked out before letting them build.

Sue said in these tough economic times the county should help a developer trying to make a living.

“I think we’re trying to tie a man’s hands when there’s no liability for us,” Sue said.

Coastal Construction is owned by Mark Saunders, a local developer with projects including Seawatch, Ocean Ridge and more. When the housing bubble burst, his developments and others in Brunswick County fell into a zombie state: not quite dead, but nowhere close to finished.

Coastal Construction would be accepting all risk associated with this and there is a clause in the agreement with Brunswick County that states the buyers would have to be notified of the risk that a sewer system might not be completed.

Sheldon Tucker, vice president of acquisition for Coastal Companies, which is Saunders’ development company, said he doesn’t think the commissioners had enough information to make an informed decision. He said the lot the company plans to build on has water, electricity and a paved road.

He said the company wants to build the house before finishing the sewer because it has a new, lower priced product it wants to unveil. He added they do not plan to sell the home until a sewer system is in place.

Several lot owners in Coastal Companies’ various developments are still awaiting amenities.

 

By Shelby Sebens
Shelby.Sebens@starnewsonline.com

Published: Monday, September 21, 2009 at 8:38 p.m

Shelby Sebens: 343-2076

On Twitter.com: @shelbsnc26