MINUTES

MINUTES

STATE OF NORTH CAROLINA MUD CREEK WATER & SEWER DISTRICT

COUNTY OF HENDERSON NOVEMBER 14, 2001

The Mud Creek Water & Sewer District Board met for a regularly scheduled meeting at 9:00 a.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

Those present were: Chairman Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner Charlie Messer, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.

Also present was: County Engineer Gary Tweed.

CALL TO ORDER/WELCOME

Chairman Moyer called the meeting to order and welcomed those in attendance.

APPROVAL OF MUD CREEK DISTRICT BOUNDARIES

Gary Tweed reminded the Board that substantially all of the Mud Creek Sewer System was sold to the City of Hendersonville pursuant to an Interlocal Agreement dated December 20, 2000. The Agreement was written to primarily govern a geographic area comprised of property that is a part of the Mud Creek drainage basin. The Area was identified in the Agreement pursuant to a map attached to the Agreement as Exhibit F. Exhibit F, however, has very generalized boundaries. The Agreement therefore contemplated that a more detailed description of the Area would be drawn up and recommended by the Mud Creek District Advisory Council.

The Mud Creek District Advisory Council had performed this task. A map was presented delineating a more detailed boundary line for the Area which relies primarily on National Geodedic Survey markers - points that are fixed on the ground by a definite latitude and longitude. The District is the Mud Creek drainage basin.

Pursuant to the Agreement, the new boundary for the Area must be approved by both the City of Hendersonville and Henderson County and incorporated into the Agreement. As part of the approval process for the County, the County must decide whether the Area will be simply a geographic area delineated on a map or whether it will be a County Water and Sewer District formed pursuant to Chapter 162A of the General Statutes. (The current Mud Creek Water and Sewer District and Cane Creek Water and Sewer District are formed pursuant to this same statute.) Additionally, it was contemplated that in either case, the newly drawn Area would replace the current Mud Creek Water and Sewer District, so abolition of the current District will be necessary. (Under the General Statutes, abolition of the current District cannot be effective until the beginning of a fiscal year, or July 1, 2002 at the earliest.)

Information comparing a simple geographic district to a County Water and Sewer District was submitted for the Board=s review.

The Board was requested to consider the following:

1. Whether the newly drawn boundary for the Area is acceptable?

2. If the Area is acceptable, does the Board wish to form the Area as a County Water and Sewer District?

3. If the Area is acceptable, may staff proceed with the process to abolish the current District?

4. If the Area is acceptable, will the Board authorize the Chairman to execute an amendment to the Agreement which simply incorporates the new map for the Area into the Agreement?

Mr. Tweed showed the boundaries on a large map. Most of this water flows by gravity to this wastewater treatment plant.

County Attorney=s comments

Angela S. Beeker stated AThe agreement says that notwithstanding anything else, if there is an area that happens to be in there that doesn=t drain into the - as part of the drainage basin, they are not obligated to serve it so by having these little small areas in there it should not be any harm to the City. It just makes the boundary a lot easier.@

Much discussion followed regarding the map and the boundaries.

Chairman Moyer stated that he felt there were a number of sewer issues that this Board has to address but he felt that the Advisory Committee was asked to do a job and they have done a fine job. This is a first step and does not preclude addressing any of the other issues at the appropriate time.

Angela Beeker asked that the Board specifically reserve setting the effective date for the boundaries. The Board does need to indicate to the City of Hendersonville whether these boundaries are acceptable. She stated that if the Board is at all interested in pursuing a 162A

District, those would not be effective until the beginning of the next fiscal year.

Action

Chairman Moyer made the motion to approve the Mud Creek District Boundaries as presented and reserve the effective date of the change and that the Board move promptly to set a workshop on the sewer issues. All voted in favor and the motion carried.

MINUTES

Minutes were presented of the following meetings for the Board=s review and approval:

May 6, 1996

December 27, 2000

Commissioner Hawkins made the motion for the Board to approve the above two sets of Mud Creek minutes. All voted in favor and the motion carried.