MINUTES

STATE OF NORTH CAROLINA CANE CREEK WATER AND SEWER DISTRICT

COUNTY OF HENDERSON JUNE 27, 2002

The Cane Creek Water and Sewer District Board met for a special called meeting at 7:00 p.m. in the auditorium at West Hendersonville High School, Hendersonville, North Carolina.

Those present were: Chairman Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner Charlie Messer, Assistant County Attorney Jennifer O. Jackson, Deputy Clerk to the Board Amy R. Brantley, County Engineer Gary Tweed and Utilities Director Jim Erwin.

CALL TO ORDER/WELCOME

Chairman Moyer called the meeting to order and welcomed those in attendance, stating that the Public Hearing was being held to give citizens an opportunity to comment on the proposed annexation into the Cane Creek Water and Sewer District.

Chairman Moyer made the motion to go into public hearing to consider the expansion of the Cane Creek Water & Sewer District. All voted in favor and the motion carried .

PUBLIC HEARING TO CONSIDER THE EXTENSION OF THE CANE CREEK WATER AND SEWER DISTRICT

Gary Tweed presented the map of the proposed new boundaries. He stated that there are no projects planned at this time, but it sets up a governing body to control future projects. He stated that the district does have the ability to tax, but has never done so. The district is funded by those who pay to be connected to the system.

Jennifer Jackson explained that the Board had been presented with a proposal to extend the boundaries of the Cane Creek Water and Sewer District in accordance with NCGS 162A-87.1. The Cane Creek Water and Sewer District was first established by the Board of Commissioners on February 26, 1981 as a county water and sewer district. The boundaries of the District were expanded in 1994 and again in 2000. The proposed extension of the District that is the subject of this hearing would include approximately 7,333 properties in the north-central area of Henderson County. The Town of Fletcher had reviewed this proposed extension and, as evidenced by a resolution adopted on April 8, 2002, supported the proposed expansion of the boundaries. If approved at this meeting, the expansion of the District would become effective July 1, 2002.

In light of the proposal and in accordance with law the Board approved a Report, directed that the Report be filed with the Clerk, scheduled a public hearing for tonight at 7:00 p.m., and directed Staff to proceed with the annexation process. In accordance with the Board=s direction and applicable law, the County Engineer filed the required Report with the Clerk on April 22, 2002 and caused the Notice of Public Hearing to be published in the Times-News on June 13, 2002. This report is attached as a part of these minutes. On May 15, 2002, letters were mailed to all properties that would be affected by the proposed expansion. Ms. Jackson filed with the Clerk at this meeting a Certificate of Mailing and an Affidavit of Publication, attached hereto and incorporated as a part of the minutes.

She explained that the Board of Commissioners can establish and expand a district, but that they also serve as the Cane Creek Water and Sewer District Board of Directors. Tonight=s hearing will be held with the Board sitting in both roles.

Commissioner Hawkins stated that he did not believe it had been publicly stated that the district could be a taxing district. He was concerned that the people understand that the tax was a possibility. Mr. Tweed stated that he had mentioned the possibility of a tax levy, but again stated that the option had never been used. All past projects had been completed without a tax levy with the assistance of grants, loans and user fees.

Mr. Tweed showed a slide of the Master Plan for sewer projects. We are currently working on a line in Mills River. If that project is successful we would proceed to build an interceptor line up Highway 25.

Chairman Moyer made the motion to go into Cane Creek Water & Sewer District. All voted in favor and the motion carried.

Public Input

There was no additional input. (See BOC Minutes for June 27, 2002.)

Action

Commissioner Hawkins made the motion to adopt the resolution to extend the boundaries of the Cane Creek Water and Sewer District. He also reminded the audience about the Possible tax levy power of a future Board of Commissioners.

Chairman Moyer stated that the first thing that has to happen to implement a long range plan is to establish the boundaries. That is all that is being done with this plan.

Commissioner Gordon emphasized that the expansion in Mills River has been funded in part by a grant, and is being eagerly looked forward to. She expected the users to be able to support the system.

Commissioner Hawkins asked Ms. Jackson if this would essentially establish a franchise to protect and assist the residents of Henderson County. Ms. Jackson explained that would indeed be the case.

Commissioner Messer asked Mr. Tweed to explain the hookup fees. Mr . Tweed answered that hookup fees vary depending on the size of the house, but average about $900.

A vote was taken on the above motion. All voted in favor and the motion carried.

Adjourn

Chairman Moyer made the motion to go out of Cane Creek Water & Sewer District. All voted in favor and the motion carried.

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Amy R. Brantley, Deputy Clerk to the Board William L. Moyer, Chairman