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1991-08-05 Water & Sewer 6 MINUTES OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT REGULAR MEETING OF AUGUST 5, 1991 o ASSEMBLY The District Board of Commissioners of the New Hanover County Water & Sewer District met in Regular Session on Monday, August 5, 1991, at 7:26 o'clock P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: District commissioners E. L. Mathews, Jr.; Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer; Chairman Jonathan Barf ield, Sr.; County Manager, Allen O'Neal; County Attorney, Robert W. Pope; and Clerk to the District Board, Lucie F. Harrell. Chairman Barfield called the meeting to order. APPROVAL OF MINUTES Motion:' District commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve the minutes of July 1, 1991, as presented by the Clerk to the District. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Barfield asked if anyone from the general public would like to discuss an item not listed on the Regular Agenda. No items were presented. o ADDITIONAL ITEMS - DISTRICT BOARD OF COMMISSIONERS Recommendation to the New Hanover County Board of Commissioners for Adoption of a Resolution Amending Chapter 15, Article II, Section 15-95 of the New Hanover County Code - Sewer Ordinance Chairman Barfield commented on a request received from the Porters Necks Plantation project for issuance of building permits prior to certification of the sewer system in order for them to continue to sell lots and successfully complete the project. The District is unable to accept applications for building permits since the project cannot be certified within sixty days and the Sewer Ordinance specifically states that the sewer system must be certified for use within sixty days. The 60-day requirement was provided in the Sewer Ordinance to avoid early issuance of building permits to alleviate the following problem~: (1) discharges of sewage to an incomplete sewer system; and (2) the owner being upset when the completed structure cannot be occupied. A lengthy discussion was held on the provisions under the present Sewer Ordinance. Chairman Barfield recommended requiring the $1,000 bond and preparing agreements to be executed by the owner that will ensure no activation of the sewer until the line has been installed with this provision being required as part of o ~ MINUTES OF REGULAR MEETING, AUGUST 5, 1991 7 the certificate of Occupancy. He recommended extending the time frame from 60 days to 6 months. Concern was expressed for extending the time from 60 days to 6 months. District .commissioner Retchin recommended extending the time from 60 days to 120 days. A lengthy discussion was held on whether to amend the present ordinance or provide an extension to the Porters Neck Plantation project. Motion: After further discussion, District Commissioner Retchin MOVED, SECONDED by District commissioner Sutton to extend the time frame for the Porters Neck Plantation project from 60 days to 120 days with proper notification that the $1,000 bonding requirement will be necessary. The floor was opened for discussion. District Commissioner Sutton recommended authorizing the County Engineer to extend the 60 days. County Manager County Engineer in a recommended amending change. O'Neal expressed concern for placing difficult situation with the homeowner the Sewer Ordinance to accomplish the and the County Attorney Pope stated technically the Board of County Commissioners should act on the proposed recommendation since this issue involves the County Sewer Ordinance. District Commissioner Retchin AMENDED THE MOTION to read as a recommendation to the Board of County Commissioners. After further discussion of legal ramifications, Chairman Barfield requested the MOTION TO BE AMENDED to recommend to the Board of County Commissioners adoption of a resolution amending the Sewer Ordinance. Amended Motion: Chairman Retchin amended the MOTION to recommend to the New Hanover County Board of Commissioners adoption of a resolution amending Chapter 15, Article II, section 15-95 of the New Hanover County Code to change the sewer certification date from 60 days to 120 days. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: District Commissioner Retchin District Commissioner Greer to adjourn. CARRIED UNANIMOUSLY. MOVED, SECONDED by Upon vote, the MOTION Chairman Barfield adjourned the meeting at 7:45 o'clock P.M. ~~_~e~~~tted, '-.JL~ F. Harrell Clerk to the District Board ...4