Board Meeting: July 7, 2024 @ 9:00 AM
PERSONS PRESENT: Eric Wilmarth, Barry Mansell, Lisa Woodruff, Nancy Martin, Harry Johnston, Becky Dabbs, John Workman, Dwayne Fowler, David Kubala, Darrell Caudill, Wesley Banks, Jennifer Arp, Corey Ghorley, Beth Jones, Keith Allen, Garry Hensley, Bryan Watkins, Mark Cochran, Jamie Veley, Leo Baker, Greg Long, Jody Henson, Shayne Fowler, Sharon Clark, Jeff Hooper, Eric Wright, Ryan Sarks, Sarah Skinner, and Carleton Sherrer.
Eric Wilmarth, Chair, called the meeting to order.
1. AN INVOCATION WAS GIVEN BY DWAYNE FOWLER, FOLLOWED BY THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
2. DARRELL CAUDILL NOTED THAT IT WAS TIME FOR THE ANNUAL ELECTION OF OFFICERS.
Mr. Caudill opened the floor for nominations for Chair of the CCWSA Board of Directors.
MOTION BY BARRY MANSELL AND SECOND BY NANCY MARTIN TO NOMINATE ERIC WILMARTH AS CHAIR OF THE CCWSA BOARD OF DIRECTORS. All members voted for the motion.
MOTION BY BARRY MANSELL AND SECOND BY NANCY MARTIN TO CLOSE NOMINATIONS AND RE-ELECT ERIC WILMARTH AS CHAIR OF THE CCWSA BOARD OF DIRECTORS. All members voted for the motion.
Mr. Caudill opened the floor for nominations for Vice-Chair of the CCWSA Board of Directors.
MOTION BY LISA WOODRUFF AND SECOND BY BECKY DABBS TO NOMINATE BARRY MANSELL AS VICE-CHAIR OF THE CCWSA BOARD OF DIRECTORS. All members voted for the motion.
MOTION BY LISA WOODRUFF AND SECOND BY BECKY DABBS TO CLOSE NOMINATIONS AND RE-ELECT BARRY MANSELL AS VICE-CHAIR OF THE CCWSA BOARD OF DIRECTORS. All members voted for the motion.
Mr. Caudill opened the floor for nominations for Secretary of the CCWSA Board of Directors.
MOTION BY BECKY DABBS AND SECOND BY BARRY MANSELL TO NOMINATE LISA WOODRUFF AS SECRETARY OF THE CCWSA BOARD OF DIRECTORS. All members present voted for the motion.
MOTION BY BECKY DABBS AND SECOND BY BARRY MANSELL TO CLOSE NOMINATIONS AND RE-ELECT LISA WOODRUFF AS SECRETARY OF THE CCWSA BOARD OF DIRECTORS. All members voted for the motion.
3. SARAH SKINNER OF THE METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT EXTENDED APPRECIATION TO DAVID KUBALA FOR HIS SERVICE AS DESIGNEE TO THE METRO DISTRICT BOARD SINCE 2006, AND HIS INVOLVEMENT IN THE METRO DISTRICT’S PLANNING PROCESS SINCE 2001. Ms. Skinner noted that Metro District Chair Glen Page was unable to attend today’s meeting, but Ms. Skinner read words of appreciation from Mr. Page to Mr. Kubala for his involvement with the Metro District Board.
4. GARRY HENSLEY NOTED THAT THE AUTHORITY IS IN RECEIPT OF A PETITION FOR EXTENSION OF WATER MAIN FROM RESIDENTS OF DRY POND ROAD/WILD AZALEA TRAIL. Mr. Hensley noted that 32 residents have signed the petition (with two residents currently out of water). Mr. Hensley noted an approximate total footage of 14,444 feet for this extension (9,574 feet of 4” HDPE pipe and 4,870 feet of 3” PVC pipe), an estimated task cost of the line of $86,664.00, and a total purchase meter cost of $80,000.00. Mr. Hensley noted there are 70 properties in the extension area, and 69 total properties with road frontage.
MOTION BY JOHN WORKMAN AND SECOND BY BARRY MANSELL TO APPROVE THE INSTALLATION OF APPROXIMATELY 9,574 FEET OF 4” HDPE WATER MAIN AND 4,870 FEET OF 3” PVC WATER MAIN FOR THE DRY POND ROAD/WILD AZALEA TRAIL AREA AT AN APPROXIMATE COST TO THE AUTHORITY OF $86,664.00. All members voted for the motion.
5. MOTION BY JOHN WORKMAN AND SECOND BY BECKY DABBS TO APPROVE THE 6/24/24 BOARD MEETING MINUTES AS PRESENTED. All members voted for the motion.
6. BETH JONES PRESENTED THE FINANCIAL REPORT. Mrs. Jones reported that total operating revenues are approximately $462,903.00 above budget projections for the period ending 5/31/24. Mrs. Jones reported that total operating expenses are approximately $2,071,006.00 below budget projections for the same period. Mrs. Jones reported year-to-date net income of $11,995,884.00 for the period ending 5/31/24.
7. LEO BAKER PRESENTED THE WATER TREATMENT OPERATIONS REPORT IN THE ABSENCE OF CLINT BLACKWELL. Mr. Baker reported an average daily treatment of 26.298 MGD for the month of June 2024 at the Etowah River Water Treatment Facility. Mr. Baker reported that the Hollis Q. Lathem Reservoir is currently at full pool at 1189.2 ft. Mr. Baker reported a cumulative rainfall total of 49.21” for the past twelve months.
8. JAMIE VELEY PRESENTED THE WASTEWATER TREATMENT OPERATIONS REPORT IN THE ABSENCE OF MIKE VENTERS. Mr. Veley reported an average daily treatment of 2.4 MGD at the Rose Creek Wastewater Treatment Facility, as well as a total reuse monthly flow of 4.0 MG. Mr. Veley reported an average daily treatment of 5.3 MGD at the Fitzgerald Creek Wastewater Treatment Facility, and an average daily treatment of 0.310 MGD at the Riverbend Wastewater Treatment Facility.
9. JENNIFER ARP PRESENTED THE ENVIRONMENTAL REPORT. Mrs. Arp noted that no spills or overflows occurred during this reporting period.
10. GARRY HENSLEY PRESENTED THE CONSTRUCTION REPORT. Mr. Hensley noted that Authority crews have completed work on Holly Springs Parkway, Reavis Mountain Road, and Cherry Grove Road.
11. DWAYNE FOWLER PRESENTED THE GENERAL MANAGER’S REPORT. MR. FOWLER REFERENCED CORRESPONDENCE RECEIVED FROM JOHN GASKIN, VICE PRESIDENT OF PATRICK MALLOY COMMUNITIES. In this correspondence, Mr. Gaskin noted that his company, Patrick Malloy Communities, has had numerous meetings with CCWSA regarding ways to bring sewer to the 270-acre Brooks Family Property he has under contract for a 235-lot residential development located on Julius Bridge Road.
Mr. Gaskin further noted in his correspondence that, based on studies, he has found that many of the alternative concepts running northerly to the existing CCWSA plant located on Cokers Chapel Road will require easements that have not been secured or negotiated, the cost of these easements is not known, and there is no guarantee that they can be obtained within the contractual timelines Mr. Gaskin’s company is under. Some of the alternatives would require a lift station to be located on the Turner property in locations Mr. Turner will not allow because of the visibility from his home, and would allow access too far into his property or could interfere with his cattle. Mr. Turner’s property also contains a mitigation bank (described in detail below) running across the entire length of his property along Buzzard Creek and Smithwick Creek that restricts any sewer easement crossing to two locations. In addition, Mr. Gaskin has determined that due to the extraordinary distances that gravity lines and force mains would have to be run, plus the sizing of the lift station pumps needed to serve the force mains for systems running northerly to the Cokers Chapel Road plant, is becoming cost prohibitive for a 235-residential lot project.
Mr. Gaskin further noted in his correspondence that the only concept that will work for his company from a cost and timing perspective is shown on Attachment A. This concept has been presented to the Brooks and Turner families for some time. It meets Mr. Gaskin’s firm’s costs and contractual constraints, plus Mr. Gaskin has significant progress in securing the off-site easements and lift station location on the Turner property.
This concept requires approximately 1,700 LF of gravity line from the Brooks property entering the Turner property at Julius Bridge Road and Buzzard Flapper Creek, running to a new lift station located at the confluence of Buzzard Flapper Creek and Smithwick Creek, then approximately 4,900 LF of force main to the existing Belmont Lift Station.
PMC built the existing Belmont Lift Station and force main and dedicated it to CCWSA a few years ago at no cost to CCWSA. Based on actual usage, there is existing capacity remaining. PMC would like to make use of that capacity for the Brooks property since they had incurred the cost of that lift station.
Listed below are issues either affecting the off-site sewer design or demonstrate the detail of the negotiations and terms of agreement in concept that PMC has reached with Mr. Turner:
1) PMC is obligated under contractual deadlines with the Brooks family that compress their timetables making it nearly, if not impossible, to secure easements with Georgia Power and other private property owners that would be required to construct any of the alternatives PMC visited that would take the sewer lines north. None of these easements have been secured and, in some cases, no conversation has even begun regarding the terms and costs of these easements.
2) There is an existing conservation easement for a mitigation bank on Mr. Turner’s property (see attached cover sheet “Declaration of Conservation Covenant and Restrictions” between various members of the Turner family and the City of Canton and Cobb County Water Authority, Deed Book 12159 page 274 Cherokee County Records (Conservation Easement). The CE document does not allow borings under or new easements across the existing mitigation bank area with the exception of two defined permitted crossing areas shown on Attachment A, making any routing running north further complicated and made more difficult
3) Mr. Turner has confined the area he will allow a new lift station on his property given the fact that he currently has cattle on the property and will allow only limited access on his property for CCWSA or any other entity that would need access to the future lift station to be built on his property. Therefore, he has limited the location of the new lift station to the south side of the confluence of Buzzard Flapper Creek and Smithwick Creek. This location will not work with several of the proposed concepts going north.
4) PMC and Mr. Turner have negotiated certain terms and conditions in principal and preliminarily agreed upon using the routing, easements and lift station location shown on Exhibit A. Listed below is a list of terms negotiated and/or discussed in detail with Mr. Turner:
a) There shall be a permanent 20 ft. sewer easement and 35 ft. permanent access easement to the lift station proposed for Mr. Turner’s property for approximately 1,700 LF of gravity sewer line and 4,900 LF of force main line located as shown on Exhibit A.
b) There shall be a Fee Simple Site, approximately 70 ft. x 70 ft. in size, purchased from Mr. Turner for the purpose of the proposed lift station shown on Exhibit A.
c) All easements and lift station site shall be recorded using CCWSA easement agreements so no assignments need to be made. All easements, gravity and force main lines, lift station and Fee Simple Lift Station Site shall be dedicated to CCWSA at no cost to CCWSA.
d) PMC shall construct a gate and a service entrance road located off Julius Bridge Road at the intersection of Julius Bridge and Buzzard Flapper Creek in order to provide service access to the proposed lift station.
e) The Vehicular Service Access Easement to the lift station (surface material to be agreed upon by Mr. Turner and CCWSA shall be provided from gate at Julius Bridge to the proposed lift station). A separate access agreement can be reached by all parties if necessary. PMC shall be responsible for construction.
f) The access road and easement shall require a fence (to be installed by PMC) running against the edge of the mitigation bank.
g) All access easements and rights of usage associated with the road shall be conveyed to CCWSA at no cost to CCWSA.
h) PMC and Mr. Turner have agreed in principal on the method of determining the cost of the easements (sewer, construction and access) and the lift station fee simple site. A purchase agreement can be executed in a short time between PMC and Mr. Turner once CCWSA approves the concept. This enables PMC to meet Purchase and Sale Agreement contractual obligations and timing. CCWSA shall incur no expense in preparing these documents nor in the conveyance and dedication of easements and facilities.
Mr. Gaskin noted in his correspondence that he appreciates the efforts and alternatives that CCWSA has discussed with PMC’s team over the past months. PMC would like to request that this issue be presented to the CCWSA Board for review so that PMC may hopefully move forward with approval.
Dwayne Fowler noted that this is the first reading of this issue.
12. LISA WOODRUFF RECUSED HERSELF FROM THE MEETING DUE TO CONFLICT OF INTEREST WITH THE NEXT ITEM ON THE AGENDA.
13. DWAYNE FOWLER REFERENCED CORRESPONDENCE RECEIVED FROM W.L. PRANCE, SR. OF RIVERSTONE PROPERTIES, LLC. In this correspondence, Mr. Prance noted that the Developer Wastewater Treatment Infrastructure Expansion Agreement dated 8/14/19 between CCWSA and Riverstone Properties, LLC is set to expire 8/14/24.
Riverstone Properties is requesting an extension of the agreement for an additional 5 years. Riverstone Properties agrees to pay the Authority $5,000.00 as an administration fee for the extension.
There are 252 taps available for the existing infrastructure. The total cost of the infrastructure is estimated as $315,628.02.
The carrying capacity of the infrastructure based on as-built surveys and CCWSA specifications has been determined to be 252 gallons per minute. Therefore, the total cost of the infrastructure divided by the minimum carrying capacity will determine the per ERU cost. The cost per ERU has been established at $1,252.49.
Riverstone Properties received one payment for $75,149.40 for 60 taps in 2021 (60 taps X $1,252.49 per tap). Mr. Prance noted that, hopefully, this extension will allow Riverstone Properties to recover its cost via the remaining taps.
Darrell Caudill noted that, from a legal perspective, the Authority would not receive any additional consideration if this agreement were to be extended by 60 months, and any considerations are certainly not comparable to the considerations that the Authority received originally.
Mr. Caudill advised that the Authority should remain faithful to its policies. Mr. Caudill advised that if the Board were to choose to grant this request, adjustments to the Board’s existing policy should then be made, and other developers that have developer expansion agreements with the Authority would need to receive similar offers from the Authority.
IT WAS THE CONSENSUS OF THE BOARD TO ABIDE BY EXISTING POLICY. THEREFORE, THE REQUEST OF MR. PRANCE IS DENIED.
Mr. Fowler noted that he would inform Mr. Prance of the Board’s decision to abide by existing policy.
14. DISCUSSION FOLLOWED CONCERNING CAPACITY ISSUES AND PEAK DEMANDS. Mr. Fowler noted that future options would be presented to the Board at a later date.
15. MOTION BY BARRY MANSELL AND SECOND BY NANCY MARTIN TO ADJOURN. All members voted for the motion.
