1994-09-06 Water & Sewer
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, SEPTEMBER 6, 1994PAGE 189
ASSEMBLY
The District Board of Commissioners of the New Hanover County
Water & Sewer District met in Regular Session on Monday, September
6, 1994, at 9:50 P.M.
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.
NON-AGENDA ITEMS
Chairman Mathews inquired as to whether anyone present 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 August 22, 1994, as presented by the Clerk to the District
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF SEWER VARIANCE FOR ADAIR M. GRAHAM
County Engineer, Wyatt Blanchard, reported Mr. and Mrs. Adair
M. Graham have requested that a variance be granted from connecting
to the County Sewer System for an existing house and for a new
residence on property adjoining the Pembroke Jones Park. This
request has been made because of the size of the property and the
expense that would be incurred with extending a sewer line across
the property.
The property is surrounded by the existing sewer system in
Landfall and Covil Estates. In the past, no variances have been
granted for new construction when the property is located in an
area where sewer is available; therefore, Staff feels the request
should be denied.
District Commissioner Greer commented on the agreement with
the National Wildlife Federation and stated, in his opinion, this
is a unique situation.
Mr. David C. Barefoot, the attorney representing the property
owners, reported the reason for the variance request is because the
existing access to the property, which is a causeway extending over
the headwaters of Howe Creek, will be terminated under an agreement
with the National Wildlife Federation; therefore, the sewer service
cannot be installed along the existing driveway because it is a
temporary access. The new proposed, permanent access passes
through wetlands and State permits, including a CAMA permit, must
be obtained before the access is completed. There is no way to
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, SEPTEMBER 6, 1994PAGE 190
determine the amount of time involved with the permitting process,
and during this time, the Grahams are without sewer service to
their property. They are unable to reconnect the present residence
to a septic tank or to install a septic tank to serve the new
residence without a variance from the Sewer Ordinance. The
District Commissioners were requested to issue the variance to
provide relief to these property owners.
District Commissioner Sisson asked if the septic field has
received approval from the Environmental Section of the Health
Department?
Attorney Barefoot reported the property owners have applied
for a septic tank permit and there is a 20-day waiting period. As
to the status of the permit, he cannot answer that question.
Vice-Chairman Barone inquired as to whether any cost would be
incurred by the Water & Sewer District if the variance is granted?
County Manager O'Neal reported no cost will be incurred by the
Sewer District if the variance is granted.
District Commissioner Sisson commented on this being a unique
situation and stated if the septic tank permit is approved, he does
not have a problem with granting the variance. However, if the
variance is granted, some condition should be placed in the motion
that would require the property owner to connect to the sewer if
the septic tank should fail.
District Commissioner Greer commented on this type of language
being used in a previous variance and stated because of the
vagueness in the wording of the condition, many problems have been
experienced which still have not been resolved.
Motion: After further discussion, District Commissioner Greer
MOVED, SECONDED by District Commissioner Caster to grant the
variance under the condition that a septic tank is permitted and
will function. The floor was opened for discussion.
District Commissioner Sisson asked if the motion means that if
the septic tank fails, the variance will be vacated?
District Commissioner Greer stated if the septic tank fails,
the owners would have to do something at that time.
Chairman Mathews requested the County Attorney to recommend
some appropriate wording for the motion.
County Attorney Copley recommended usage of the following
language: "If the septic tank fails, the variance is null and
void, and the petitioner would have to connect to the sewer
system". She reported the variance should be granted by the New
NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2
REGULAR MEETING, SEPTEMBER 6, 1994PAGE 191
Hanover County Board of Commissioners since the variance is
pertaining to the Water & Sewer Ordinance, which is a part of the
County Code. This matter should be referenced in the motion
approved by the District Board.
District Commissioner Greer reported this is excellent
attorney language, but, in his opinion, does not say anything.
District Commissioner Greer WITHDREW THE MOTION.
Motion: District Commissioner Sisson MOVED, SECONDED by District
Commissioner Caster to (1) grant the variance to the petitioner
subject to the viability of the septic system, which means if the
septic system fails, the petitioner will have to comply to all
County regulations for hooking up to the County Sewer System; and
(2) recommend to the New Hanover County Board of Commissioners that
the variance be granted subject to this condition. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
Motion: District Commissioner Caster MOVED, SECONDED by Vice-
Chairman Barone to adjourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 10:10 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the District Board