Attorney Jack Gullo and City Manager James Wieprecht were directed by the council to at the Town Council's October work-session to proceed with the drafting of rules that would allow the town to consider permitting private septic systems and wells. No timeframe for the creation of a draft was established.

Consideration to create an exemption process was triggered by the town recently receiving such a request from a property owner. The topic was introduced at the work-session of the council by Mayor Wantz, who noted that the applicant requested permission to install the private improvements on property that lies within the city limits - which is not permitted under the Town Code. He also noted that the property involved has not been inhabited or habitable for some time.

Attorney Gullo stated, "While our charter or code has provision for this (requesting exceptions from the Town Code), it doesn't have a process for it, so it doesn't have a way for people to say 'Hey, I want you to grant me an exception.'"

The attorney said the town has been "pretty good" in granting exceptions in various other instances, such as for park events. However, he said, "But this (exceptions relating to septic waste and water) is of a pretty serious nature, because there needs to be a demonstration about what they're actually proposing … and how it could affect the area, the environment, the aquifer. It's going to be more than just 'Hey, is this okay,' and have a presentation in front of you."

Gullo said, in the case of septic and water issues, "We have to make decisions based on the health, safety, welfare issue," suggesting that a waiver request be handled in a manner similar to the means by which a board of appeals might process a waiver or exception.

Also, unlike other more routine-type exceptions, the attorney said, the town staff should be entitled to the receipt of supporting impact-type studies, to be provided by applicants. These could include hydrology studies as well as information regarding adjoining properties, locations of other wells, and proof that the proposed improvements will not have a health detriment.

Gullo stated that if an applicant didn't want to undergo the expense of having some of the studies done, then that would be something that town staff would have to take into account, but under no circumstances should the town consider doing the work (paying for studies) for the applicant.

Because the discussions centered on the conceptual need for a regulatory and exception-requesting process, the name/names or the applicants whose request triggered the review of the Town Code were not revealed.