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1992-02-03 Water & Sewer 39 MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 ASSEMBLY The District Board of Commissioners of the New Hanover County Water & Sewer District met in Regular Session on Monday, February 3, 1992, at 9:00 P.M. in 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 Barfield, 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 the Regular Meeting of January 6, 1992, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Barfield asked if anyone from the general public, would like to present an item not listed on the Regular Agenda. The following item was presented: Approval of Exemption to Sewer Requirements for 3-Lot Tract of Land located North of Snow's cut Bridge Attorney William L. Hill, II, representing Robert Goslee, a Land Surveyor, and property owners, Mary Freeman Ford and Robert Ford, commented on the postponement of this request at the meeting of January 6, 1992, and stated since the proposed policy to address issues of this type is not on the agenda as agreed upon, he respectfully requests the District to reconsider granting a waiver of dry sewer requirements due to the following reasons: 1. The 4-acre tract of land Goslee and divided into three Robert Ford and another sister. build on the lots. has been surveyed by Robert' lots for Mary Freeman Ford,' There are no present plans to 2. In order for Mr. Goslee to record the map showing the. division of the three lots, it must be approved by the County Engineering Department and Board of County Commissioners. Mr. Goslee has been trying to have the map approved since November 1991. 3. Under the present sewer policy, the owner would .be required to install dry sewer lines at a cost of approximately $14,000. Also, under the proposed policy, the subdivider would be required to design and install a sewage connection to , ~ '.r..~ ~ 40 MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 each lot that will eventually be converted to the County sewer system when it becomes available or pay a facility fee to the Sewer District equal to the cost for installing the lines. The only proposed exceptions to this policy are lots of ,at least 5 acres or all lots adjacent to public streets, planned sewer corridors, or existing private streets which have or are anticipated to have County sewer as determined by the County Engineer. Attorney Hill strongly objected to the proposed policy (which has not been presented to the District) requiring landowners, when dividing a small parcel of land, to design and install sewer collection systems, at a great cost, to a non-existent sewer. This type of policy will stifle division of small tracts into lots for family members or others and create hardships on small landowners. He respectfully requested the District Board to reconsider the sewer exemption for the proposed 3-lot subdivision. Chairman Barfield stated the request was postponed due to waiting for a policy to be developed, which had to be channeled t~rough the Planning commission. District commissioner Retchin commented on the present policy allowing exemption from dry sewer requirements for 2-lot subdivisions and recommended adopting the same policy for 3-lot subdivisions. o Motion: After discussion, District commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to amend the sewer policy to excuse dry sewer requirements for 3-lot subdivisions as presently being waived for 2-lot subdivisions. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: After further discussion, District commissioner Retchin MOVED,-SECONDED by Vice-Chairman Greer to grant the exemption from dry sewer requirements as requested by Mary Freeman Ford and Robert Ford with a restriction in the-deed to require lots 2 and 3 to connect to the sewer system upon availability. upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION CONCERNING THE CLOSURE OF HOWE CREEK - Assistant County Manager; Dave Weaver, introduced Mr. Preston Howard, of the N. C. Division of Environmental Management; Mr. George Gilbert and Mr. Bob Benton, repres~ntatives of the Shellfish Sanitation Branch,' and stated presentation~ will be made on the current efforts to identify the source (s) of pollution in Howe Creek.' . , Mr. Preston Howard commented on the recent and past closures of Howe Creek and stated once the department became aware of the closure, the following steps were initiated: . . , o . -. ..--. ... '- . 41 MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 Evaluation of Existing Data: (1) water quality sampling program; (2) inspection of the watershed and existing collection systems; (3) investigation of recent development; (4) review of development along the creek since 1969; and (5) analysis of existing data with comparisons between rainfall and fecal coliform concentrations in the creek. After examination of the results, it was found that no correlation exist between the rainfall and concentrations of fecal coliform. Water Quality sampling Program for Howe Creek: Thirty-three stations and tributaries have been identified with a focus on the quality of water coming into the creek. Sampling is being performed north of the mouth of the creek up and down the waterway with no pollution sources identified. Sampling has been performed as to the impact upon the creek with the silting of Mason's Inlet with the results showing no fecal coliform buildup. Future Plans: continue investigation of the watershed; evaluate incidence failure of septic tanks in the watershed;' evaluate drainage practices; monitor construction activities along. the creek; and continue the water sampling program. In summary, the coliform concentrations have increased between 1988 and 1991, and considerable development has occurred during this period of time with no identification of any particular source of pollution. The Division of Environmental Management will work closely with the County and keep the Commissioners informed of any pollution sources identified and the action needed to correct the problem. District commissioner Sutton inquired as to the number of creeks closed along the coast of North Carolina and asked if heavily developed shoreline contributes to these closures? Mr. Howard stated many creeks are closed along the North Carolina coast, and heavy shoreline development does negatively impact on the closure of creeks to shellf ishing. Discussion was held on digging a channel down the center of the creek. Mr. Howard commented on the high level of coliform concentrations at the ebb tide and stated the pollution is corning out of the developed areas into the creek; therefore, digging a channel would not make a difference. Discussion was held on analyzing the material to identify the source of the coliform. Mr. Howard stated biologists sample fecal coliform in fecal strips in order to determine the source, whether human or animal. commissioner Sutton inquired as to whether the State would welcome the assistance of UNC-W in working to identify the pollution source. Mr. Howard stated the Division of Environmental Management will welcome assistance from any agency and that performance of analytical work by UNC-W would be most helpful since samples have to be forwarded to Raleigh, which can become time consuming. ~ 42 MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 commissioner Barfield expressed concern for too many agencies becoming involved in the process and inquired as to the role of the County? Mr. Howard recommended coordinating the efforts of. all agencies through a designated lead agency. Mr. Robert Benton, Head of the Shellfish Sanitation Branch with the Division of Environmental Health, commented on tidal creeks and stated he cannot name a tidal creek that is presently opened between the South Carolina line and Morehead City. Shellfish waters are high quality waters used for fishing, swimming, and bodily contact; therefore, very few tidal creeks comply to this standard, particularly with shoreline development. Unless radical changes occur, tidal creeks opened to shellfishing will be a thing of the past. Development, people, and the clearing of land creates a buildup of coliform and creeks have to be closed to shellfishing. The State law assigns the responsibility of evaluating and closing the creeks to the Shellfish Sanitation Branch.and the Division of Environmental Management is assigned the responsibility of cleaning the creeks. Both departments work together in trying to protect the public health through the evaluation and closing of creeks to shellfishing, when necessary, with a concerted effort to identify the pollution sources and correct the problem, which usually is a long-term process. Mr. Benton offered the services of both departments in trying to work with the County to identify and correct the pollution source(s) in Howe Creek. o Chairman Barfield stated the County identifying the pollution problem wi th established that will correct the problem. " ' Mr.' Dominique Luchart, a property owner along Howe Creek, inquired'as to whether testing has been performed to determine the impact of wildlife on the buildup of fecal coliform concentrations in the creek? is interested in regulations being , Mr. Howard stated this item has not been evaluated specifically; however, there is a relationship between animal and bird droppings and coliform concentrations. with this particular watershed, the animal population is much lower and should not negatively impact upon the creek; however, the impact of bird7 has not been determined. . Chairman Barfield, on behalf of the District Board, expressed appreciation to Mr. Howard, Mr. Benton, arid Mr. Gilbert for taking time to 'discuss this issue and stated the county is willing to work, . . . '\ with both, agencies in resolving this problem. 43 MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 APPROVAL OF CONTRACT #92-0290 TO JAMES UTILITY COMPANY FOR SEWER CONSTRUCTION IN SANDFIDDLER POINT County Engineer, Wyatt Blanchard, commented on approval by the District to participate in the cost of construction of the sewer line in areas constructed after design of the sewer system, but before adoption of the dry sewer requirement, and stated Sandfiddler Point is one of these subdivisions. Presently, a home is experiencing septic tank problems and the District has designed the sewer system for the area with the following bids received: James utility Company Skinner & smith Construction J & P utilities, Inc. $23,604.00 $24,500.00 $35,297.50 County Engineer Blanchard recommended award of the low bid to' James utility Company. Motion: District commissioner Retchin MOVED, SECONDED by Vice- Chairman Greer to award the low bid to James utility Company in the amount of $23,604 and authorize the Chairman to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. DENIAL OF REQUEST FOR WAIVER OF DEVELOPMENT FEE FOR CONNECTION TO THE PORTERS NECK SEWER EXTENSION County Engineer, Wyatt Blanchard, stated the contract between the New Hanover County Water & Sewer District and the Porters Neck Company requires that all development after the date of the contract, except single family homes on existing lots, must pay a . , development fee to connect to the sewer extens1on. As per the contract, the fee is distributed and proportioned between the Porters Neck Company and the Sewer District. The development fee' provides for recovery of a portion of the sewer line extension cost. Cornelia Nixon Davis Health Care Center and Plantation Village have requested a waiver on the District's portion of the development fee. The Porters Neck Company has waived their portion of the fee. County Engineer Blanchard expressed concern for waiving this portion of the development fee, due to setting a precedence, and recommended denial of the request. Motion: District Commissioner Retchin MOVED, SECONDED by District commissioner Mathews to deny the request by corneila Nixon Davis Health Care Center and Plantation Village to waive the District's portion of the development fee. Upon vote, the MOTION CARRIED UNANIMOUSLY. - "~_3 ?,_.,,-.:r ~ 44 MINUTES OF REGULAR MEETING, FEBRUARY 3, 1992 APPROVAL OF EASEMENT ACQUISITION FOR ROSE PROPERTY IN PHASE II COLLECTION SYSTEM County Engineer, Wyatt Blanchard, stated after meeting with the Rose family and their attorney, they have agreed to sell a minimum,of 15,000 square feet at $15,500, which will enable the District to sell the lot after installation of the sewer. Staff recommends purchase of the entire lot. Motion: . District commissioner Sutton MOVED, SECONDED by District Commissioner Retchin to approve the purchase of the entire lot from Betty Rose on Friendly Lane at a cost of $15,500 as recommended by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: Vice-Chairman Greer Commissioner Mathews to adjourn. UNANIMOUSLY. MOVED, SECONDED by District Upon vote, the MOTION CARRIED . Chairman Barfield adjourned the meeting at 9:57 P.M. Respe~~ ~ F. Harrell Clerk to the District Board