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1994-10-03 Water & Sewer NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2 REGULAR MEETING, OCTOBER 3, 1994PAGE 193 ASSEMBLY The District Board of Commissioners of the New Hanover County Water & Sewer District met in Regular Session on Monday, October 3, 1994 at 9:31 P.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. NON-AGENDA ITEMS Chairman Mathews inquired as to whether anyone from the general public would like to present an item not listed on the 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 Meetings of September 6, 1994, and September 19, 1994, as presented by the Clerk to the District. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF SEWER ALLOCATION FOR LANDMARK DEVELOPERS, INC. FOR THE MURRAYVILLE INDUSTRIAL PARK Assistant County Manager, Dave Weaver, reported Landmark Developers, Inc. is requesting a sewer allocation of 10,000 gallon for an industrial park adjacent to North Kerr Avenue and Farley Road. The proposed park will be a light industrial park similar to Dutch Square. The County has an allocation of 100,000 gallons of wastewater from the City with 50,874 gallons already allocated. Staff recommends granting Landmark Developers 10,000 gallons of the wastewater allocation contingent upon the following conditions: (1) the area must be rezoned with the appropriate industrial classification within 12 months from the date of approval; and (2) the building permits must be issued and kept current within 24 months from the date of approval. These conditions were discussed with Chris Stevens, a representative of Landmark Developers, Inc., during the break in the regular meeting, and he is satisfied with the proposed recommendations. District Commissioner Greer expressed concern for the request being changed during the break and recommended that the condition be changed to state that once the rezoning is approved, the developer will have 24 months to obtain the necessary building permits. He also expressed concern for Mr. Stevens not being present to comment on the conditions proposed by Staff. NEW HANOVER COUNTY WATER AND DISTRICT BOARDBOOK 2 REGULAR MEETING, OCTOBER 3, 1994PAGE 194 Discussion was held on the reason for placing a time limit on obtaining the necessary building permits. Assistant County Manager Weaver reported the purpose of the time limit is to avoid allocating needed wastewater treatment capacity to a company that does not intend to use the allocation within a certain time frame. This probably would not be case with Landmark; however, the District does not want to establish a precedent. After discussion of the proposed conditions and the fact that Mr. Stevens is not present, District Commissioner Sisson recommended deferring action on the sewer allocation until the rezoning has been approved. Motion: After further discussion, District Commissioner Greer MOVED, to allocate 10,000 gallons of wastewater treatment to Landmark Developers contingent upon rezoning of the property and contingent upon the building permits being obtained within 24 months after the property is rezoned. The floor was opened for discussion. Assistant County Manager Weaver requested the District Board to consider granting the allocation contingent upon obtaining the building permits and keeping it active. This would require the developer to begin work within 12 months after acquiring the building permits. Also, if Landmark is dissatisfied with the condition, the company can apply for an amendment. Amended Motion: After further discussion, District Commissioner Greer MOVED TO AMEND THE MOTION to allocate 10,000 gallons of wastewater treatment to Landmark Developers, Inc. contingent upon rezoning the property within 12 months and obtaining the building permits within 24 months after the property has been rezoned. The MOTION WAS SECONDED BY Vice-Chairman Barone. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: Vice-Chairman Barone MOVED, SECONDED by District Commissioner Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 10:00 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the District Board