COUNTY OF HENDERSON                                                                                       JANUARY 21,  2004


The Cane 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.


Present were: Chairman Grady Hawkins, Vice-Chairman Larry Young, Commissioner Bill Moyer, Commissioner Charlie Messer, Commissioner Shannon Baldwin, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were:  County Engineer Gary Tweed, Jim Erwin and Doyle Freeman of the County Utilities Department.



Draft minutes were presented for the Board’s review and approval of the following meeting(s):

                        November 19, 2003


Chairman Hawkins made the motion to approve the November 19 minutes as presented.  All voted in favor and the motion carried.


Sewer Extensions within municipalities

Chairman Hawkins had shared a copy of a letter from Mayor William B. Moore (Town of Fletcher) asking if the Cane Creek Water and Sewer District had a “policy” with respect to sewer extensions within municipalities.  He further asked what the criteria are with respect to extensions by the District stating that there is confusion on his Board with respect to exactly “what” if any requirements there are.


Chairman Hawkins stated that there has been a lot of things change in the district since the policy was adopted in October of 1996:


            The County sold the Mud Creek Sewer Service,


            The district lines for Cane Creek have completely changed,


            There is a new municipality in the district,


as well as other things.  He questioned whether the Board might want to make some changes to our policy statement on sewer line extensions. 


Chairman Hawkins stated that Commissioner Messer may want to take this issue to the Sewer Advisory Committee for their review and recommendation.


There was a mention of mandatory hook-ups and Mrs. Beeker addressed that.  She confirmed for the Board that the NC Supreme Court has said that you can do mandatory connections.  If the Board elects to change the policies then the Ordinance would need to be updated.  Right now the assets are owned and operated by the Cane Creek Water & Sewer District so the power for mandatory hook-ups is the Board sitting as the Henderson County Board of Commissioners not as the Cane Creek Water & Sewer District.  If the Board chooses to go that route, there would have to be some interlocal cooperation between the two Boards. 


There was some discussion of a need to send the policy to the Advisory Committee and to the County Engineer and get their recommendations back. 


Mrs. Beeker informed the Board that the statutes give other options for revenues for the district.  Mandatory connections are not the only way to raise additional revenue for the district or pay for a project.  She will share that information with the Commissioners in their mailboxes.


Sewer Line Extension Request #X00048CC

Runway Business Park

David Nicholson referenced a memo from Doyle Freeman of the Utilities Department from an applicant requesting permission to construct approximately one thousand six hundred fifty six (1,656) linear feet of 8” gravity sewer line to serve their 5 lot commercial development. 


The sewer line extension will connect to an existing Henderson County Line (Park Ridge Industrial Park Line).  Upon completion of the sewer line extension, the applicant would deed the sewer system to Henderson County.  The applicant will bear the entire cost of the project. 

The proposed commercial development will generate approximately 2,500 GPD of commercial domestic wastewater which has been approved for treatment by MSD.  The wastewater allocation is a part of Henderson County’s 1.35 MGD allocation.


The Utilities Department recommended approval of this application being conditional upon the following:


1.         Applicant complying with the sewer use ordinances of Henderson County and MSD and the rules and regulations of the Utilities Department.


2.         Applicant providing a future 20’ permanent easement from manhole #5 to the western boundary of lot #2.


3.         Applicant providing a future 20’ permanent easement from manhole #7 to Underwood Road right-of-way.


4.         Applicant securing easements for off-site sewer and be transferable to Henderson County.


5.         Applicant addressing issue of Park Ridge Drive being a private or public road.  If private, then easements or encroachments must be secured from Park Ridge property owners.


The sewer line extension is considered routine since the allocation request amount is under 40,000 GPD, no funding is requested by the applicant, no annexation is involved and the remaining allocation is more than 500,000 GPD.


Based on the Ordinance, Mr. Nicholson approved this request but presented it to the Board as a monthly report at this time.



Chairman Hawkins made the motion for the Board to adjourn as Cane Creek Water & Sewer District and reconvene as Henderson County Board of Commissioners at approximately 1:30 p.m.  All voted in favor and the motion carried.






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