MINUTES

STATE OF NORTH CAROLINA MUD CREEK WATER & SEWER DISTRICT

COUNTY OF HENDERSON MAY 19, 1999

The Mud Creek Water & Sewer District Board met for a regularly scheduled meeting in the Commissioners' Meeting Room of the County Office Building.

Present at this meeting were: Chairman Grady Hawkins, Vice-Chairman Bill Moyer, Commissioner Renee Kumor, Commissioner Don Ward, Commissioner Marilyn Gordon, County Manager David E. Nicholson, Assistant County Manager Angela S. Beeker, County Attorney Don H. Elkins, and Clerk to the Board Elizabeth W. Corn.

Also present were: Doyle Freeman, Utilities Technician and County Engineer Gary Tweed.

REVIEW OF MINUTES

Minutes were presented for review of the May 4, 1999 meeting.

Commissioner Kumor made the motion to approve the minutes as presented. All voted in favor and the motion carried.

WASTEWATER ALLOCATIONS

Utilities Technician Doyle Freeman presented two requests for wastewater allocations for consideration by the Board. The first one was for Bradford Wire and Manufacturing Company in the Mountain Home Industrial Park. They requested permission to discharge 22,000 gallons of their industrial process wastewater. At this point, the City had actually approved the allocation flow but their wastewater content was currently being reviewed. Staff recommended the Board approve this application contingent on the developer complying with the City of Hendersonville standards that are needed for the industrial process and also comply with the Henderson County and the City of Hendersonville Sewer Use Ordinances and the regulations.

Commissioner Kumor questioned why the allocation request went from two thousand to twenty-two thousand gallons. Mr. Freeman explained that the two thousand was for domestic only and the twenty-two thousand was for their industrial process.

Chairman Hawkins question if the 439,263 gallons was approaching the five hundred thousand gallons a day allocation. Mr. Freeman replied that the four hundred thirty nine thousand was what was available prior to the request for these two. If these two are approved, it would leave an allocation remaining of sixteen thousand gallons.

Mr. Tweed further explained that Bradford Wire was an existing business. The twenty-two thousand gallons per day was their existing industrial process water.

Mr. Nicholson explained that Bradford Wire lines were built with money from the community development block grant.

Commissioner Moyer stated at one point the Commissioners had discussed with staff instituting a program to recover some allocations that had been given but were unused by the applicant and wanted to know what the status was on that program.

Mr. Nicholson explained that staff had issued correspondence to those applicants seeking recovery through a voluntary program. The Commissioners had signed a contract with those applicants approving those allocations for their usage so the County could not mandate that any unused allocation be given back to the County. Furthermore, according to the 1986 agreement actual wastewater used or discharged into the City of Hendersonville system is limited to one hundred thirty-two thousand gallons per day but that=s not what is actually going into the system. He recommended that the Chairman correspond with the City of Hendersonville and asked them to recalculate our allocation based on actual usage plus a percentage.

Mr. Freeman further explained that most of these allocations had been allocated out prior to the fee bing adopted by the Board in February of 1990. Since the Board adopted that fee, we have structured in our application that once you make that application, the allocation is only good for one year.

Chairman Hawkins directed the County Manager to come back to the Board at the mid-month meeting with an update with the results of the inquiries on the voluntary return of allocations.

Commissioner Kumor made a motion that the Board approve the allocation for the Bradford Wire request. All voted in favor and the motion carried.

Mr. Freeman explained the second request was for the subdivision being developed by Joe Crowell Construction. The property is currently owned by the Moxleys and the proposal was for a 52-unit townhome which was estimated to generate approximately twenty-one thousand eight hundred forty gallons per day discharged into the Mud Creek Section I sewer system. The City of Hendersonville had approved this allocation. Staff recommended this request be approved with the condition that the developer pay the capacity depletion fees of $7,800 on taking title to the property and that the applicant comply with the Sewer Use Ordinances of the City of Hendersonville and Henderson County.

Commissioner Kumor made the motion to approve the allocation of the request by Joe Crowell Construction contingent on approval of the Planning Board and the Board of Commissioners. All voted in favor and the motion carried.

Commissioner Kumor made the motion for the Board to adjourn as the Mud Creek Water & Sewer District Board. All voted in favor and the motion carried.

Attest:

Elizabeth W. Corn, Clerk to the Board Grady Hawkins, Chairman