MINUTES

STATE OF NORTH CAROLINA CANE CREEK WATER & SEWER DISTRICT

COUNTY OF HENDERSON AUGUST 2, 2007

The Cane Creek Water & Sewer District Board met for a continued meeting at 7:00 p.m. in the Commissioners’ Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

Present were: Chairman Bill Moyer, Vice-Chairman Charlie Messer, Commissioner Mark Williams, Commissioner Larry Young, Commissioner Chuck McGrady, County Manager Steve Wyatt, Assistant County Manager Selena Coffey, County Attorney Russ Burrell, and Deputy Clerk to the Board Terry Wilson.

Also present were: Planning Director Anthony Starr, Communications Officer Pam Brice, Engineer Marcus Jones, Research/Budget Analyst Amy Brantley, Senior Planner Autumn Radcliff, Planners Matt Card and Matt Cable.

Commissioner Messer made the motion for the Board to convene as Cane Creek Water & Sewer District Board. All voted in favor and the motion carried.

County Engineer Marcus Jones stated that the Cane Creek Water and Sewer District had met on July 6, 2007 to discuss the request from the Fletcher Fire Department to fund the sewer extension to their new substation. Draft minutes from the advisory board meeting in reference to the sewer extension for the Fletcher Fire Department were unclear. Mr. Jones interpretation of the motion was to recommend that the CCWSD Board approve assessments on the property owners along the extension. The assessments would be paid to the applicant at the time the property owner tied into the Cane Creek Sewer System.

The Fletcher Fire Department had applied for the extension with CCWSD; however, it had not received a state permit or approval from the CCWSD Board. The CCWSD Board approval is delegated to the County Manager’s office.

Henderson County Code 152A-47.3

Project financing of the County Code for Sewer; District funding typically pays for major system projects and collection system projects are the responsibility of the applicant. However, 152A-47.3A indicates with Board approval a collection project may have partial funding by the district.

Commissioner Messer stated that the advisory board had made a motion to let the CCWSD take the funds out of their fund and formulate a way for the property owners who tie into the Cane Creek Sewer System to reimburse the funds to CCWSD. The state says that they cannot run a two inch line and use the right-of-way to extend the line.

Chairman Moyer was concerned with future requests from other fire departments.

County Manager Steve Wyatt understood that two requests had been made from Mountain Home and Mills River for sewer extensions. He stated that there was approximately $625,000 in the CCWSD fund balance.

Chairman Moyer questioned the different amounts presented, $85,000, $130, 000, and $170,000.

Marcus Jones stated that the bid was $133,000.

Commissioner Messer had discussed the cost with Fire Chief Greg Garland and he had quoted around $100,000.

County Engineer Marcus Jones suggested charging based upon capacity. Depending on how much the users need when they apply for their tap would determine the portion they would pay. There are approximately six lots that would have access. The amount to be recovered depends on how many applicants tap in within the ten year period and the capacity they ask for.

Discussion followed in regards to the Board needing more information on the bid as far as the amount and length of time the bid is good. It was not certain if a drawdown had ever been done on the CCWSD balance.

Commissioner Messer made the motion that the Board approve $100,000 for the extension of the sewer line from Naples Substation.

Chairman Moyer stated that he could not vote on the motion in that form because it was incomplete in regards to paybacks or assessments.

County Manager Steve Wyatt asked if the CCWSD had done things like this before and was there a policy for the payback or was this the first. If a policy was in effect an acreage fee or frontage fee could be charged.

This was the first time it had come up.

Commissioner Messer withdrew his motion.

The Board suggested that Marcus Jones draw up the formula and have the Fire Department give the Board a letter to the specific amount they are asking for and what it would pay and what the conditions are and the Board would look at it again.

Commissioner McGrady made the motion that the Board table the matter to their meeting on August 14, 2007. All voted and the motion carried.

ADJOURN

Commissioner McGrady made the motion for the Board to adjourn as Cane Creek Water & Sewer District Board and reconvene as Henderson County Board of Commissioners.

Attest:

Terry Wilson, Deputy Clerk to the Board William L. Moyer, Chairman