1992-06-15 Water & Sewer
MINUTES OF REGULAR MEETING, JUNE 15, 1992
PAGE 58
ASSEMBLY
The District Board of Commissioners of the
District met in Regular Session on Monday, June 15,
A.M. in the Assembly Room of the New Hanover County
North Third Street, Wilmington, North Carolina.
Water & Sewer
1992, at 10:06
Courthouse, 24
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, Wanda M. Copley; and Clerk to the District
Board, Lucie F. Harrell.
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:
Request from Fairway Development, Inc. for Exemption of Sewer
Ordinance Requirement for conveyance of Public Utility Sewer system
to the county Sewer System Upon Availability
Attorney Bill Raney, representing Fairways Development Group,
Inc., the developer of a 41-lot single family subdivision within
The Cape Subdivision, stated the developer received preliminary
plan approval in January, 1992, with information requested on the
method of sewage disposal. A letter was written to the Planning
Director on January 20, 1992, indicating that sewerage disposal
would be handled through connection to Fairways utilities, a public
utility licensed by the N. C. utilities commission which began
serving The Cape Subdivision in 1984. Building permits were issued
based on the preliminary plan approval with four houses currently
under construction, one of which is almost completed. This house
is under contract and is to be closed in early July. The sewer
collection system has been installed under permits issued by the
Division of Environmental Management, although the plans were not
reviewed and approved by the County. The plans were reviewed and
approved by the State according to State Statutes and are
constructed in accordance to County sewer standards.
On May 15, 1992, the County denied issuance of a building
permit based upon the requirement for conveyance of the sewer
system to the County upon availability of sewer. Since the company
does not own the sewer system, it would be necessary for the
developer to install a second sewer system according to the County
Sewer Ordinance in order to meet the terms of the ordinance, which
they feel would not be logical, particularly with the number of
years before the County will serve this area.
Discussion has been held with the Assistant County Attorney,
Kemp Burpeau, as to whether the County Ordinance would be preempted
by a state licensed public utility company. As of this date, no
conclusion has been determined by the Legal Department. Attorney
PAGE 59
MINUTES OF REGULAR MEETING, JUNE 15, 1992
Raney requested the District Board to consider interpreting the
Sewer Ordinance so that it will not apply in situations where sewer
service is provided by a public utility within an area covered by
the public utility license before the July 1987 effective date of
the Sewer Ordinance. There are only two public utility companies
in the County, the NorthChase Public Utility Company and Fairway
utilities.
County Engineer Blanchard stated The Cape modified the plan
and submitted a new preliminary plan for that portion of the
subdivision which enacted the Sewer Ordinance. The plans and
specifications for the sewer system, which has been installed, were
just received last week with the specifications not complying to
County standards. The sewer system may meet requirements; however,
the County has not inspected the system and does not know what type
of system was constructed and installed underground. Also, the
developer does not plan to turn the system over to the County upon
sewer availability.
A lengthy discussion was held on the importance of the sewer
system meeting the County specifications before being turned over
to the County . Further discussion was held on proceeding with
caution before amending the Sewer Ordinance to accommodate this
request. ,Assistant County Manager, Dave Weaver, stated the Sewer
Ordinance clearly requires the following items: (1) the sewer
system has to be designed and reviewed by the County Engineer in
order to ensure compliance to County specifications; and (2) the
sewer.system must be turned over to the County. The question to be
answered is whether the Sewer Ordinance applies to a publicly owned
utility company.
. Attorney Raney stated this matter may end up in court since a
conflict exists between the State Law and County Ordinance';'
however, it would be cost effective for all parties involved to
resolve this issue out of court if at all possible.
commissioner Barfield and Vice-Chairman Greer commented on the
amount of time involved in resolving this issue, particularly if
this matter goes through the court process, and asked if some type
of an arrangement can be worked out to allow the four homes to
connect to the public utility so that the homes can be occupied?
commissioner Sutton recommended that the developer post a
bond.
Attorney Raney stated the developer would rather spend money
going through the court process; however, if some arrangement can
be worked out to allow these homes to connect to Fairway utilities,
it would be greatly appreciated.
Consensus: After a lengthy discussion, it was the consensus of tne
Board to request the County Attorney and County Engineer to work
MINUTES OF REGULAR MEETING, JUNE 15, 1992
PAGE 60
with Attorney Bill Raney in trying to resolve this matter out of
court.
ADOPTION OF FISCAL YEAR 1992-93 BUDGET ORDINANCE FOR THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: District commissioner Retchin MOVED, SECONDED by District
Commissioner Mathews to adopt the 1992-93 Budget Ordinance for the
New Hanover County Water & Sewer District as presented. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in W&S Exhibit Book II, Page 5.
DENIAL OF REQUEST FOR EXEMPTION FROM SEWER CONSTRUCTION REQUIREMENT
FOR LYNDA'S HOLLOW SUBDIVISION
County Engineer, Wyatt Blanchard, reported on a request by the
owners of Lynda's Hollow Subdivision for exemption from the sewer
construction requirement. The proposed subdivision is in the
southern part of the county, adjacent to U. S. Highway 421 in an
area where sewer has not been constructed. Most of the property
slopes away from U. S. Highway 421, therefore, a majority of the
subdivision will be serviced from the rear of the property. Due to
the number of lots involved, staff recommends denial 'of the sewer'
construction requirement.
Motion: After discussion of the number of lots being subdivided
and the sewer connecting to the back of the lots, Chairman Barfield
MOVED, SECONDED by Vice-Chairman Greer to deny the request for
exemption from the sewer construction requirement as submitted by
the owners of Lynda's Hollow Subdivision. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADJOURNMENT
Motion: District commissioner Retchin MOVED, SECONDED by District
Commissioner Mathews to adjourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Barfield adjourned the meeting at 10:48 A.M.
ectfulZ::d,
F. Harrell
to the District Board
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