1995-03-20 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