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Home My WebLink About1995-03-20 Water & Sewer NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, MARCH 20, 1995PAGE 223 ASSEMBLY The District Board of Commissioners of the New Hanover County Water & Sewer District met in Regular Session on Monday, March 20, 1995, at 10:51 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 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 Greer to approve the minutes of the Regular Meeting of March 9, 1995, as presented by the Clerk to the District Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF WAIVING THE SEWER CONSTRUCTION REQUIREMENTS FOR THE FOY POINTE SUBDIVISION County Manager O'Neal reported on extensive study of the request submitted by the developer and explained that Staff has recommended approval of the waiver because of the following reasons: (1) a portion of the subdivision is located in Pender County and another portion in New Hanover County; and (2) the development is isolated and a long distance from the existing major sewer trunk lines. He noted concern for opening the door to similar requests by developers and concern for the $18,850 not covering the future cost of constructing a dry sewer system in the subdivision when sewer becomes available. After review of the pros and cons, Staff recommends granting the waiver contingent upon the developer being required to pay the District an estimated cost for constructing the dry sewer system in the amount of $18,850 to be placed in the Water & Sewer Fund. District Commissioner Greer recommended placing the funds in an escrow account with the money being designated for construction of dry sewer lines when sewer becomes available in the area. A lengthy discussion was held on the right to waive sewer construction requirements, the placement of a septic system in an environmentally sensitive area, and the development of a method to NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, MARCH 20, 1995PAGE 224 ensure the District that adequate funds will be available to cover the future cost of constructing the dry sewer system in the subdivision. Motion: After further discussion, District Commissioner Greer MOVED, SECONDED by Vice-Chairman Barone to proceed with the County Engineer's recommendation to grant the waiver from sewer construction requirements to the developer of the Foy Pointe Subdivision contingent upon approval of septic tank permits and payment of $18,850 by the developer with these funds being placed in an escrow account. The floor was opened for discussion. Commissioner Sisson recommended charging some additional fee to ensure that funds will be available to construct the dry sewer system in the future, or deny the waiver. He strongly opposed the idea of taxpayers absorbing the cost of development in remote areas of the county. District Commissioner Greer expressed concern for other persons requesting waivers in the same type of situations and recommended collecting the estimated cost from the developer for the dry sewer system plus a 10% surcharge. Amended Motion: District Commissioner Greer AMENDED THE MOTION, SECONDED by Vice-Chairman Barone to grant the waiver to the developer of Foy Pointe Subdivision as recommended in the original motion plus a 10% surcharge with the funds being placed in an escrow account. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: District Commissioner Greer Vice-Chairman Barone Chairman Mathews Voting Nay: District Commissioner Caster District Commissioner Sisson County Attorney Copley informed the District Board that a policy could be developed for the Water & Sewer District to specifically state that waivers to sewer construction requirements will "only" be granted in cases where sewer will not be available for a certain number of years. Consensus: After discussion, it was the consensus of the District Board to direct the County Attorney to prepare a policy to be presented at a later date. APPROVAL OF AMENDMENT TO CHAPTER 15, ARTICLE II, SECTION 15-102(A) OF THE NEW HANOVER COUNTY CODE - THE WATER & SEWER ORDINANCE County Engineer, Wyatt Blanchard, reported on problems being experienced with people intentionally allowing rainwater to run into the sewer lines. He explained that increasing the civil NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, MARCH 20, 1995PAGE 225 penalty from $200 to $500 would be useful to the District when imposing a fine to persons who have intentionally violated the Water & Sewer Ordinance. Motion: District Commissioner Greer MOVED, SECONDED by District Commissioner Sisson to approve the amendment to Chapter 15, Article II, Section 15-102(a) of the New Hanover County Code to increase the civil penalty from $200 to $500 for persons violating the Water & Sewer Ordinance. The floor was opened for discussion. Vice-Chairman Barone requested an explanation of the violations that would receive the $500 fine. County Engineer Blanchard reported a $500 fine would be charged to persons who intentionally violate the ordinance or purposely damage the sewer equipment. For example, one person hired a plumber to tie the water draining from his dog pen into the sewer clean-out located in his backyard. Chairman Mathews called for a vote on the MOTION, and upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the Water & Sewer Ordinance is hereby incorporated as a part of the minutes and is contained in W&S Exhibit Book II, Page 16. APPROVAL OF SEWER ALLOCATION REQUEST FOR WILLIAM K. TRASK County Engineer, Wyatt Blanchard, reported William K. Trask has requested a 4,000 gallon per day sewer allocation for a subdivision to construct warehouses just north of the New Hanover International Airport between Blue Clay Road and the Old Wrightsboro Road. The project would include ten lots with approximately forty warehouse units. He expressed concern for approving the sewer allocation with only 19,000 gallons of capacity left from the City's Northside Wastewater Treatment Plant. He informed the District Board that an additional sewer allocation has been requested from the City; however, until the allocation has been approved by the City, he would be hesitant to release the sewer allocation requested by Mr. Trask. District Commissioner Greer expressed concern for approving previous sewer allocations and reported he feels if 19,000 gallons is available, it would be unfair to deny this request. Motion: District Commissioner Greer MOVED, SECONDED by District Commissioner Caster to approve the 4,000 gallon per day sewer allocation to William K. Trask. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: District Commissioner Caster District Commissioner Greer Vice-Chairman Barone NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, MARCH 20, 1995PAGE 226 Chairman Mathews Voting Nay: District Commissioner Sisson APPROVAL OF CONTRACT #95-0237 BETWEEN THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT AND SEVENTEENTH AND INDEPENDENCE, INC. AND APPROVAL OF BUDGET AMENDMENT #95-0146 County Engineer, Wyatt Blanchard, reported the developer of a subdivision called Woods Edge, located just south of Hidden Valley, has requested authorization to construct a sewer line through Greenbriar to serve the Woods Edge Subdivision. In accordance with Section 15-94 of the New Hanover County Water and Sewer Ordinance, the District is requesting the developer to modify the proposed sewer to allow the District to expand into Hidden Valley and Greenbriar. The total cost of the sewer line is $162,735. The District would pay $48,611 with the developer paying the remaining amount. The following payment schedule was presented: 1. Acceptance of Project $ 4,198.00 2. One year from the date of contract 22,206.50 3. Two years from the date of contract 22,206.50 TOTAL $48,611.00 Motion: District Commissioner Greer MOVED, SECONDED by Vice- Chairman Barone to approve the contract with Seventeenth and Independence, Inc. with the District paying $48,611; approve the associated Budget Amendment; and authorize the Chairman to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #95-0146 - Sewer Operating Fund - Water & Sewer Engineering Debit Credit Sewer Operating Fund Appropriated Fund Balance $4,198 Water & Sewer Engineering Other Improvements $4,198 Purpose: To expand proposed sewer line in Woods Edge Subdivision to serve Hidden Valley and Greenbriar Subdivisions. When approved by the District, $4,198 will be budgeted in this fiscal year to make the first payment on the sewer expansion as proposed in Contract #95-0237. A copy of the contract is on file in the Legal Department. ADJOURNMENT Motion: District Commissioner Sisson MOVED, SECONDED by District Commissioner Caster to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 2 REGULAR MEETING, MARCH 20, 1995PAGE 227 Chairman Mathews adjourned the meeting at 11:15 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board