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
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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.
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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.' .
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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: .
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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.
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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.
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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,
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with both, agencies in resolving this problem.
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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
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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.
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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