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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 ~