March 2013


Webb Creek Utility District


Friday, March 1st, 2013



Commissioners Present

John Steven McCarter, President

Robert Vick, Vice President

Delmar Ball, Secretary


In Attendance

Jim Gass, Attorney At Law

Gary McGill, McGill & Associates

Nathan Bably, McGill & Associates

Donald Wallace, Utility Customer

James Sunstein, District Manager (Staff)

Janice Fenoglio, Assistant Manager (Staff)


Mr. McCarter called the March Board of Commissioners meeting of WCUD to order at 10:00

a.m. at the district office 3625 Lindsey Mill Road, Gatlinburg.


Motion to approve agenda made by Mr. Ball seconded by Mr. Vick and passed.


Motion to approve February 2013 minutes with changes, and January 2013 financials made by Mr. Ball, seconded by Mr. Vick and passed.


Outdoor Resorts of America (ORA) did not have a representative present.


Mr. Gass informed the Board of Commissioners of the email he had received from Marshall Albritton, Legal Counsel for ORA.  ORA stated they do not wish to pursue the matter further before the Utility Management Review Board (UMRB) or the courts.  Copy of email on file in district office.


Mr. Ball stated the district would continue spending thousands of dollars if the lawsuit doesn’t end.


Mr. Gass stated he had received an email from Mrs. Fenoglio after she contacted the commissioners regarding the ORA agreement that stated two of the three commissioners were in favor of the agreement with ORA.  Mr. Gass has not yet responded to Mr. Albritton.


Mr. Gass stated regarding Bent Creek Golf Village will be attempt to schedule a meeting with their legal counsel to discuss the rate challenges.  The deadline for reaching an agreement will be June 6, 2013 the Utility Management Review Board’s (UMRB) meeting.  Should an agreement not be reached the parties will present their positions to the UMRB on June 6, 2013 and that body will make a decision about our rates.  Copy of letter on file in district office.

The district received a letter dated February 22,2013 from Mary – Margaret Collier Director of State and Local Finance, State of Tennessee Comptroller of The Treasury regarding the $150,000.00 loan.  There is more work to be completed before the Comptroller’s office will approve the loan.   Mr. McGill and Mr. Gass will work on this along with Mr. Daniel Franklin.


After a lengthy discussion a motion was made by Mr. Vick that the district agree with ORA’s position not to pursue this matter further before the UMRB or the courts, provided the rates set forth in  the rate study by Raftelis Financial Company (RFC) and adopted previously by the UMRB be in place’ the same was seconded by Mr. Ball and passed.


Mr. McGill presented a drawing of the proposed water project on Butler Branch Road, for the Board of Commissioners review.


Mr. McGill stated the electricity peaks cost for the wastewater treatment plant there is a new technology that keeps your electricity from peaking.  Your electricity would roll over to the generator during peak times and not remain on the electricity.


Mr. Sunstein reported the water loss for February 2013 was 34%, 849,259 gallon there was one leak located and repaired.


Outdoor Resorts February 2013 flow was down from January 2013 their flow was 26% of the total wastewater flow.


Mrs. Fenoglio had no official report.


Mr. Vick signed Pugh and Company’s 2012 Audit contract.  Mr. Vick stated that he met with Mr. McGill during November 2012 regarding the new rate study from RFC.   Mr. Vick suggested that over the next couple of months the district requests that Mr. Bart Kreps of RFC officially present the rate study to the Board of Commissioners and go over the data with them.


Mr. Ball had no official report.


No Unfinished Business.


No New Business.


Motion to adjourn meeting by Mr. Ball, seconded by Mr. Vick and passed at 11:50 a.m.


Respectfully Submitted,


Janice Fenoglio

Assistant Manager