Board Meeting Date: July 29, 2019 ~ 9:00 AM
PERSONS PRESENT: Gary Winchester, Eric Wilmarth, Doug Dabbs, Lisa Woodruff, Harry Johnston, Nancy Martin, Barry Mansell, Tom Heard, David Kubala, Dwayne Fowler, Tom Roach, Wesley Banks, Corey Ghorley, Beth Jones, Mike Venters, Mark Cochran, Clint Blackwell, Brian Breeden, Greg Long, Rodney Satterfield, Jennifer Arp, Joey Buice, Gaye Blackwell, Garry Hensley, Jeff Hooper, Tim Dobson, Eric Wright, Ryan Sarks, and Tyler Hewitt.
Authority counsel Tom Roach called the meeting to order.
1. AN INVOCATION WAS GIVEN BY TOM ROACH, FOLLOWED BY THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
2. TOM ROACH NOTED THAT IT WAS TIME FOR THE ANNUAL ELECTION OF OFFICERS.
Mr. Roach opened the floor for nominations for Chair of the CCWSA Board of Directors.
Eric Wilmarth nominated Gary Winchester as Chair.
MOTION BY DOUG DABBS AND SECOND BY ERIC WILMARTH TO CLOSE NOMINATIONS AND ELECT GARY WINCHESTER AS CHAIR OF THE CCWSA BOARD OF DIRECTORS. All members voted for the motion.
Chair- Elect Gary Winchester opened the floor for nominations for Vice-Chair of the CCWSA Board of Directors.
Doug Dabbs nominated Eric Wilmarth as Vice-Chair.
MOTION BY DOUG DABBS AND SECOND BY NANCY MARTIN TO CLOSE NOMINATIONS AND ELECT ERIC WILMARTH AS VICE-CHAIR OF THE CCWSA BOARD OF DIRECTORS. All members voted for the motion.
Gary Winchester opened the floor for nominations for Secretary of the CCWSA Board of Directors.
Eric Wilmarth nominated Doug Dabbs as Secretary.
MOTION BY HARRY JOHNSTON AND SECOND BY ERIC WILMARTH TO CLOSE NOMINATIONS AND RE-ELECT DOUG DABBS AS SECRETARY OF THE CCWSA BOARD OF DIRECTORS. All members voted for the motion.
3. MOTION BY LISA WOODRUFF AND SECOND BY BARRY MANSELL TO AMEND THE AGENDA TO INCLUDE THE ETOWAH COMMUNITY ISSUE AS PART OF THE GENERAL MANAGER’S REPORT. All members voted for the motion.
4. COREY GHORLEY REQUESTED APPROVAL OF A PROPOSAL FROM GEO-HYDRO ENGINEERS IN THE AMOUNT OF $5,646.00 FOR CONSTRUCTION MATERIALS TESTING ON THE FITZGERALD CREEK BELT FILTER PRESS ADDITION PROJECT.
MOTION BY ERIC WILMARTH AND SECOND BY HARRY JOHNSTON TO APPROVE THE PROPOSAL OF GEO-HYDRO ENGINEERS IN THE AMOUNT OF $5,646.00 FOR CONSTRUCTION MATERIALS TESTING ON THE FITZGERALD CREEK BELT FILTER PRESS ADDITION PROJECT. All members voted for the motion.
5. COREY GHORLEY REQUESTED APPROVAL OF AN INCREASE IN THE ENGINEERING BUDGET IN THE AMOUNT OF $5,000.00 FOR BRADFORD ENGINEERING REGARDING THE SITE PLAN DEVELOPMENT FOR THE CCWSA CONSTRUCTION COMPLEX. Mr. Ghorley noted an original approved engineering contract amount of $20,000.00.
MOTION BY ERIC WILMARTH AND SECOND BY DOUG DABBS TO APPROVE THE $5,000.00 INCREASE IN THE ENGINEERING BUDGET FOR BRADFORD ENGINEERING REGARDING THE SITE PLAN DEVELOPMENT FOR THE CCWSA CONSTRUCTION COMPLEX. All members voted for the motion.
6. JEFF HOOPER REFERENCED CORRESPONDENCE RECEIVED FROM CHRISTOPHER MANES, PROJECT MANAGER OF WOLVERTON, INC. In this correspondence, Mr. Manes noted that his client, Lidl US Operations, LLC, is proposing to shorten an existing 20’ sewer easement to construct a new grocery store at the corner of Eagle Drive and Bells Ferry Road.
Mr. Hooper noted the existing sewer easement runs into the lot. The easement needs to be shortened back to the property line to allow room for the footprint of the building.
MOTION BY DOUG DABBS AND SECOND BY LISA WOODRUFF TO AUTHORIZE THE RELINQUISHMENT OF THIS EASEMENT. All members voted for the motion.
7. JEFF HOOPER REFERENCED CORRESPONDENCE RECEIVED FROM WOODY SNELL OF LYNWOOD DEVELOPMENT GROUP. In this correspondence, Mr. Snell requested that the Board consider authorizing, subject to the standard procedures of the CCWSA, the release of a water line easement (Deed Book 1492, Page 37, June 8, 1993) located at the toe of a fill slope on the west side of Bells Ferry Road at the proposed Buice Lake Development (Land Lots 1045, 1046, 1047, 1048 & 1114, 21st District, 2nd Section, Cherokee County, Georgia).
In this correspondence, Mr. Snell noted that the Buice Lake Development project will include the installation of a new 16” water line within the Bells Ferry Road right-of-way, which will replace the existing 16” water line.
Jeff Hooper noted that the abandonment of the existing water line currently located within a 20’ easement will allow the new 16” line to be relocated closer to and inside the right-of-way along Bells Ferry Road, which is necessary for the construction of the Buice Lake Development.
MOTION BY BARRY MANSELL AND SECOND BY ERIC WILMARTH TO AUTHORIZE THE RELINQUISHMENT OF THE EASEMENT TO ALLOW FOR RELOCATION OF THE NEW 16” LINE NECESSARY FOR THE CONSTRUCTION OF THE BUICE LAKE DEVELOPMENT. All members voted for the motion.
8. MOTION BY LISA WOODRUFF AND SECOND BY ERIC WILMARTH TO APPROVE THE 6/24/19 BOARD MEETING MINUTES AS PRESENTED. Members Woodruff, Wilmarth, Dabbs, and Johnston voted for the motion. Members Martin and Mansell abstained. Motion passed.
9. BETH JONES PRESENTED THE FINANCE REPORT. Mrs. Jones reported that total operating revenues are approximately $885,567.00 below budget projections for the period ending 5/31/19. Mrs. Jones reported that total operating expenses are approximately $1,474,610.00 below budget projections for the same period. Mrs. Jones reported year-to-date net income of $6,943,497.00 for the period ending 5/31/19.
10. CLINT BLACKWELL PRESENTED THE WATER TREATMENT OPERATIONS REPORT. Mr. Blackwell reported an average daily treatment of 18.599 MGD for the month of June 2019 at the Etowah River Water Treatment Facility.
Mr. Blackwell also reported that the Hollis Q. Lathem Reservoir is currently at full pool at 1189.2 ft. Mr. Blackwell reported a cumulative rainfall total of 76.30” for the past twelve months.
11. MIKE VENTERS PRESENTED THE WASTEWATER TREATMENT OPERATIONS REPORT. Mr. Venters reported an average daily treatment of 2.5 MGD at the Rose Creek Wastewater Treatment Facility, as well as a total reuse monthly flow of 3.6 MG. Mr. Venters reported an average daily treatment of 4.2 MGD at the Fitzgerald Creek Wastewater Treatment Facility, and an average daily treatment of 0.250 MGD at the Riverbend Wastewater Treatment Facility.
12. JENNIFER ARP PRESENTED THE ENVIRONMENTAL REPORT. Mrs. Arp noted that no spills or overflows occurred during this reporting period.
13. DWAYNE FOWLER PRESENTED THE CONSTRUCTION REPORT.
14. TOM HEARD PRESENTED THE GENERAL MANAGER’S REPORT. MR. HEARD NOTED THAT THE AUTHORITY IS IN RECEIPT OF CORRESPONDENCE FROM JACK WILLIAMS OF KAIROS DEVELOPMENT CORPORATION. In this correspondence, Mr. Williams noted that Kairos Development Corporation is moving forward with their plans to develop a 1363-acre Master Planned Community known as “The Etowah Community” located north of the intersection of Highways 369 & 372 and bounded on its northern edge by the Etowah River.
Mr. Williams further noted that The Etowah, so named to embrace the extraordinary beauty of the adjacent river and surrounding area, is envisioned to be a modern day “Agritopia”, integrating wholesome agricultural practices with character area-based land planning and architecture. The master plan is the culmination of the guiding principles that Kairos carefully identified to ensure the preservation, and responsible management of much of the natural area on site while integrating working farms and residential hamlets into a truly cohesive community.
Mr. Williams noted that environmentally responsible development that strongly promotes healthy living, and the conservation of natural resources are key to the overall vision and creation of The Etowah Community.
In this correspondence, Mr. Williams further noted that in keeping with their vision for the community’s development theme, and in consideration of the CCWSA services currently available on site, Kairos has carefully reviewed all the aspects of serving the community with water and sewer in the most efficient, and environmentally responsible way. As a result, Kairos has determined that potable water, which is available immediately adjacent to their property via several large water mains along Highway 369 & 372, would be appropriately served by CCWSA. For this reason, Kairos is asking for a confirmation of water service availability from CCWSA.
Mr. Williams noted that in his study of the sanitary sewer access via the nearest existing CCWSA manhole and transfer station, it has been determined that the distance of approximately three miles would be an unreasonable distance to pursue a tie in for their site.
In this correspondence, Mr. Williams further noted that neither the Cherokee County Code of Ordinances, nor the most recent Water Management Plan of the Metropolitan North Georgia Water Planning District (MNGWPD), nor the policies of the Georgia EPD have ever considered sewers to be “reasonably available” at any distance greater than a mile. For most counties in the MNGWPD, “reasonably available” is defined in the range of 100 to 500 feet.
Mr. Williams noted that in lieu of pursuing public sewer over an unreasonable and environmentally challenging distance, Kairos proposes that Integra Water, LLC, a Georgia corporation in the water and sewer utilities business, will provide sewer service to The Etowah Community, and handle the sewage via a Land Application System (LAS). Mr. Williams noted that Integra has designed, built, owned and operated water and sewer systems throughout the southeast for over fifteen years with projects and customers in Alabama, North Carolina, Tennessee, and Texas. Integra serves over 100,000 customers and has been formally recognized by various Public Service Commissions and local governments as an approved and responsible utility provider.
Kairos is proposing that Integra will design, construct, own, operate, and maintain in perpetuity, the sewage collection system, treatment plant, and the LAS serving The Etowah Community. Integra will adhere to CCWSA’s published specifications for all sewer and pump station design and construction and will adhere to EPD’s well-established design, construction, and operation requirements and guidelines for the treatment facility and the LAS. In the event CCWSA reasonably determines that it wants the project to meet design requirements other than EPD’s, Integra will meet those also.
In this correspondence, Mr. Williams noted that he understands that there is a requirement for CCWSA to act as the trust indenture for this private utility per Cherokee County’s recently adopted Private Wastewater System Ordinance, but Kairos is willing to pursue other (CCWSA approved) providers of this service should the CCWSA not wish to enter into such agreement.
Mr. Williams noted that, in summary, for the reasons stated above Kairos desires to serve The Etowah Community with CCWSA provided potable water and a privately owned and operated Land Application Wastewater Treatment Facility. All plans and specifications will meet all the CCWSA’s published designed standards, county ordinances, and EPD requirements.
In addition to Kairos Development’s formal request for a confirmation of CCWSA provided water service availability for this site, Kairos is also respectfully asking for the requisite Letter of Concurrence from the CCWSA to the EPD, stating that the proposed private wastewater treatment system has been determined to be compliant with the district plans.
MOTION BY NANCY MARTIN AND SECOND BY ERIC WILMARTH TO DECLINE CONCURRENCE TO THE REQUEST OF KAIROS DEVELOPMENT FOR PERMISSION TO CONSTRUCT A PRIVATE WASTEWATER TREATMENT FACILITY ON PROPERTY REFERRED TO AS “THE ETOWAH COMMUNITY” BECAUSE THE CCWSA AND KAIROS DEVELOPMENT’S PREDECESSOR IN TITLE ENTERED A CONTRACT DATED DECEMBER 21, 2006 AS AMENDED ON JANUARY 2007 AND FEBRUARY 16, 2007 THAT REQUIRES THE PROPERTY OWNER TO CONSTRUCT A WASTEWATER COLLECTION SYSTEM TO CONVEY THE DEVELOPMENT’S WASTEWATER TO THE SMITHWICK CREEK LIFT STATION FOR TREATMENT AT THE RIVERBEND WTF AND ULTIMATE DISCHARGE INTO THE ETOWAH RIVER. IN ADDITIION, THE CCWSA DOES NOT APPROVE THE PROPERTY OWNER’S REQUEST PURSUANT TO COUNTY ORDINANCE 2018-O-004 BECAUSE THE PROPOSED PLANT IS NOT PROPOSED AS A TEMPORARY PLANT AND DOES NOT MEET THE GOALS OF THE CCWSA. TOM HEARD IS DIRECTED TO CONVEY THE CCWSA’S DECISION IN THIS MATTER TO THE PROPERTY OWNER AND TOM ROACH IS DIRECTED TO DRAFT AND MAIL A LETTER TO KAIROS DEVELOPMENT DETAILING THE REASON FOR THE CCWSA’S DECISION. All members voted for the motion.
15. IT WAS THE CONSENSUS OF THE BOARD TO SCHEDULE A TOUR OF CCWSA FACILITIES ON THURSDAY, AUGUST 22, 2019 AT 8:00 A.M.
16. MOTION BY ERIC WILMARTH AND SECOND BY HARRY JOHNSTON TO ADJOURN. All members voted for the motion.