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1999-04-29 Special Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 SPECIAL MEETING, APRIL 29, 1999 TO HEAR PROPOSALSPAGE 220 ON DRAINAGE REGULATIONS AND DESIGN MANUAL ASSEMBLY The New Hanover County Board of Commissioners held a Special Meeting on Thursday, April 29, 1999, at 10:15 a.m. in the County Administration Building, Room 501, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. He announced that the purpose of the meeting was to hear two proposals from WK Dickson & Company, Inc. and McKim & Creed Engineers, P.A. for the development of Comprehensive Drainage Regulations and a Design Manual. PRESENTATION OF PROPOSAL BY WK DICKSON & COMPANY, INC. Mr. Everette H. Knight, P.E., Group Leader for Stormwater Services for WK Dickson, Inc., said it was a pleasure to be in New Hanover County and present the proposal by WK Dickson, Inc. for development of Comprehensive Drainage Regulations and a Design Manual. He introduced Dr. Herbert Rooney Malcom, the exclusive technical advisor to the Stormwater Services Group. Dr. Malcom reported the major goal was to develop a strong Stormwater Management Program to meet current needs and to provide for expansion and continuity into the future. The program objectives are as follows: 1.Minimize flooding downstream and within newer development. 2.Minimize the impact of development on the estuarine water quality. 3.Minimize the impact on development costs. 4.Minimize the impact on the County’s construction laymen costs. Dr. Malcom stressed the importance of placing emphasis on the following items: 1.The County should participate in the program design. The County Commissioners, Staff, and interested groups in the community should be involved in this process. It should be the County’s program. 2.The program should emphasize a long-range view to work toward developing Comprehensive Drainage Regulations and Design Manual so the County will know well in advance what issues will have to be addressed. 3.The Stormwater Management Program should be comprehensively managed. Dr. Malcom stated in order to work toward these goals, the following steps should be taken: 1.Review regulations to develop a Technical Manual. This is an important tool that should be comprised of polices adopted by the Board of County Commissioners. The manual should establish a set of rules that will be followed by developers and staff. 2.Define what constitutes adequate resources and staff. The County should recognize the importance of developing the program on a strong financial footing. 3.Develop computer software to provide a more efficient process. There are emerging stormwater data bases to efficiently bring in information pertaining to topography, soils, hydrology, spring water quality, and public domain software. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 SPECIAL MEETING, APRIL 29, 1999 TO HEAR PROPOSALSPAGE 221 ON DRAINAGE REGULATIONS AND DESIGN MANUAL 4.Financial management issues will have to be addressed during the development process. The program should be financed reasonably and efficiently. 5.Minimize downstream flooding to new development. The emerging idea of stormwater volume reduction would be an ideal alternative to use in New Hanover County. This is done through on-site detention ponds, strategic retention ponds located at various sites, and zero discharge detention ponds. In concluding his remarks, Dr. Malcom informed the Board that he had been visiting New Hanover County for a number of years and he stated it would be a pleasure to work on developing Comprehensive Drainage Regulations and a Design Manual for this special area. He offered to answer questions. Discussion followed on the need to coordinate the project with the City of Wilmington. Mr. Dawson emphasized the importance of coordinating the program with the City because of the geography and topography of New Hanover County. He noted that WK Dickson, Inc.was familiar with City rules and regulations as well as the objectives and goals of New Hanover County. Further discussion was held on the City and County having two different software programs. Dr. Malcom advised that the software proposed was not jurisdiction specific; therefore, if the County has features in the Technical Manual that are different from the City, this problem could be resolved with adapting the software. If the City and County could agree on the same philosophy, the software would be mutual with each jurisdiction. After commenting on the City understanding its hydrologic and pollutants loading situations, Mr. Dawson said the remaining County property will be downstream to the City and once the properties meet at the City Limit line, this will become an input point where transitions will occur. The County will have to decide if the upstream water modeling used by the City is acceptable. If the modeling is accepted by the County, this data can be used. The other component is the pollutant loading from the surface runoff. The County will have to decide how to manage this surface runoff in the unincorporated county. The City is moving ahead with a sophisticated Drainage Program that will allow the system to be integrated with any type of County System. Commissioner Birzenieks requested information on the time frame. Mr. Everett Knight responded the drainage regulations are to be completed within six months. The technical manual and software will be completed within the next six months; therefore, the project will be completed in a year. Assistant County Manager, Dave Weaver, asked if the regulations were implemented, would the County be required to go into the drainage business, such as constructing and managing regional detention ponds, or would this be a program self-supported by the developer. Mr. Dawson responded the Board of County Commissioners will have to decide on the policies to be followed. Dr. Malcom emphasized the importance of all parties working closely together to develop Comprehensive Drainage Regulations and a Design Manual that will satisfy and meets the needs of the County. He suggested assigning a County Attorney as a member of the design team to assist with preparing the regulations and ordinances and to identify the County’s liability. A philosophy should be developed to find the most efficient way to implement the program with the costs spread among governmental and development entities. The Board of County Commissioners will have to decide where the burden will be placed. Mr. William Funderburg, a resident of 4321 Blue Clay Road, spoke on being concerned about the main watershed corridors and he noted that no reference had been made about how these main canals would be brought up to standard and comply with EPA and Corps of Engineers setback requirements as well as the State 401 Plan for cleaning and maintaining the canals. He stated everyone should understand that New Hanover County will become involved in the drainage business NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 SPECIAL MEETING, APRIL 29, 1999 TO HEAR PROPOSALSPAGE 222 ON DRAINAGE REGULATIONS AND DESIGN MANUAL and will have to implement some type of drainage fee to maintain the canals and ditches. In the past, prisoners cleaned and maintained ditches cutting back the required setback so machines could properly clean out the ditches. The same type of cleaning must be done in the watershed corridors. If necessary, the County can use emergency/condemnation proceedings to clear the ditch banks so the machine can get through to keep canals and ditches open. The FEMA money received after the hurricanes was used to pick up debris from the bottom of the ditch. The debris was placed on the bank of the ditch and when the first heavy rain occurred, the flooding caused the debris to fall back into the ditch. The major corridors of Pages Creek, Whiskey Creek, and Pumpkin Creek need to be cleaned out and maintained. In closing Mr. Funderburg, said that he was the downstream land owner of Pumpkin Creek Estates, which receives water from NorthChase and Cape Fear Community College on the north side of the property. He said if Pumpkin Creek is not cleaned out, his property will continue to flood with every rainfall. Dr. Malcom said the maintenance of the Stormwater System, including the large backbone streams, is an important issue that should be addressed in the cost and in policies concerning private properties. A long-term plan must be developed to maintain the backbone system throughout the development of the watershed. Discussion followed on the need to have zero discharge retention ponds. Dr. Malcom reported the usefulness of a zero discharge retention pond is for 10-year or smaller storms. When the zero discharge retention pond is constructed, an emergency outlet path must be installed to avoid damage to the pond during larger storms. This type of pond should not rise more than 12 to 18 inches during a storm and gradually fall back to its normal level. Assistant County Manager Weaver said he felt a decision will have to be made on how involved the County will be in maintaining the backbone structure and constructing retention ponds so the necessary resources can be established before the regulations are developed. Dr. Malcom responded the cost will be determined once the County decides on how to operate the stormwater system. Mr. Dawson informed the Board that the County may not want to wait until the comprehensive program has been completed and implemented before acting on drainage ordinances and policies. There is an opportunity to improve stormwater control immediately if certain policies and ordinances are adopted. In concluding his remarks, Mr. Dawson expressed appreciation to the Board for allowing WK Dickson, Inc. to present a proposal. BREAK Chairman Caster called a break from 10:48 a.m. until 11:00 a.m. PRESENTATION OF PROPOSAL BY MCKIM & CREED ENGINEERS, P.A. Mr. Gregory J. Hetzler, P.E., Project Manager, presented an organizational chart of the members of the project team which outlined the their expertise and positions. He advised that McKim & Creed feels it is important for the project team to work together to accomplish the goals of the proposed project for New Hanover County. He introduced Mr. Jerome N. Normann, P.E. to discuss the Stormwater Management Plan. Mr. Normann reported that every community is different in terms of watershed needs and characteristics. In order to begin the process, McKim & Creed must develop an outline or vision of the Stormwater Plan for New Hanover County before developing regulations. Once these needs have been determined, the regulations should be general enough to last over a long period of time. Technical information and design criteria should not be placed in the plan. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 SPECIAL MEETING, APRIL 29, 1999 TO HEAR PROPOSALSPAGE 223 ON DRAINAGE REGULATIONS AND DESIGN MANUAL regulations should serve as a guide to reflect the vision of the Stormwater Management Plan and establish standards for the future. Regulations should address water quality, flood control, and water quantity. The Design Manual should establish the technical criteria to be used by the County which will be updated on an annual basis. Water quality, flooding, maintenance, and existing and future regulations should be included in the Design Manual. Also, the NPDES Phase II will be due in October, which will establish a minimum of six criteria. Two of the six criteria pertain to public involvement and public affairs. Mr. Normann requested the Public Relations Director, Linda Vaughn, to present the plan for involving the public. Ms. Vaughn reported on the importance of involving the public in the project because each sector of the community has different drainage concerns which frequently conflict with one another. It is imperative to educate the public so they will understand the definition of stormwater and the options available to better control downstream flooding and drainage. This goal is accomplished by taking the following steps: ? Schedule a kickoff meeting with the project team members. During this meeting, the team members and their respective roles are presented, the project approach and schedule is discussed and agreed upon, and any available information or data is exchanged. It is important that the project team establish a simple and clear vision of the County’s overall stormwater program objectives at the kick off meeting. ? Establish a Steering Group consisting of six members, primarily staff members, to provide leadership and decide on how to review the materials to be placed in the regulations and manual. Also, this group would decide on how to communicate to the public through the media, press releases, website, etc. ? Establish a Stakeholder Group consisting of representative groups from the community such as UNCW, businesses, contractors, engineers, surveyors, planners, environmental groups neighborhoods, civic groups and citizens. After this group is established, the County has an opportunity to invite everyone to attend the meetings and participate in the stormwater project. Public meetings will be held and minutes will be taken to inform people that cannot attend the meetings. In concluding her presentation, Ms. Vaughn said this type of public relations campaign involves the public and allows their concerns to be considered during the drafting process. Keeping the public informed about each phase of the project will create a better understanding of the project and develop trust within the community about the how to better control stormwater runoff. Mr. Hetzler advised that with McKim & Creed providing the technical aspects of the project and the expertise of Mr. Normann and Ms. Vaughn, the County will be receive Comprehensive Drainage Regulations and a Design Manual that will be acceptable to the entire community. He offered to answer questions. Assistant County Manager Weaver asked if the drainage regulations recommended by McKim & Creed were implemented, would the County become involved in the drainage business, such constructing and maintaining regional retention ponds, which would be extremely expensive. Mr. Hetzler explained that Comprehensive Drainage Regulations and the Design Manual would not be in place to address existing conditions but to leave paths open to accommodate this project. The regulations would provide an opportunity to evaluate existing problems and provide a reference guide to be followed when addressing the problems. Mr. Normann said the regulations would be a standard that would be imposed on new and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 SPECIAL MEETING, APRIL 29, 1999 TO HEAR PROPOSALSPAGE 224 ON DRAINAGE REGULATIONS AND DESIGN MANUAL private development and if possible on previous development. This could be done by construction of regional ponds or other alternatives. Maintenance is a large part of the existing drainage problems. If the County could clean out channels and culverts, a large percentage of existing problems would be resolved. Commissioner Howell commented on Mr. Normann performing hundreds of watershed studies and he asked Mr. Normann if any of the projects were similar to conditions in New Hanover County, and how did other communities budget the cost. Mr. Normann responded that every project was different; however, he had performed studies in coastal areas with tidal flooding, coastal flooding, surge flooding and river in-flooding from up stream. During this process he has developed a computer analysis program, known as the EP Swim Model, to handle variable tailwaters and backflow into streams. In Virginia, many cities have gone to stormwater utilities, such as the City of Wilmington, to pay for drainage projects. Discussion followed on watersheds being in two jurisdictions. Mr. Normann responded that most cities and counties have interlocal agreements for specific areas. The utilities basically cover the City’s area and when a watershed is adjacent to the City Limit, an agreement is drawn to resolve the issue. He said that intergovernmental cooperation will be a necessity when complying the NPDES Phase II regulations. Discussion followed on controlling damage and improving water quality. Mr. Hetzler advised that developing a uniform regulation that is flexible and can address each specific area would be a major step in controlling damage and improving water quality. This ordinance would allow the County to place a stormwater pond in communities that need to have this degree of control. In the end, it becomes a quality and quantity issue. In preparing the regulations, the quality and quantity avenues will be left open to address both detention areas. The acquisition of easements in advance and maintenance will resolve many drainage problem. Currently, the homeowner associations are responsible for maintenance. The proposed regulations should define what should be maintained. Also, the regulations and manual should address watershed issues. Mr. Hetzler advised that the preparation of the two documents was a growth process with six to seven issues that will have to addressed toward the development of an overall utility. The first step is preparing an ordinance. Once this step if completed, the remainder of the process will fall in line. Commissioner Howell asked Mr. Hetzler if the firm was familiar with the County’s standards and regulations and stated most of the drainage problems were created years ago. He said that developing regulations for new development will not resolve the exiting problems. Mr. Hetzler responded that New Hanover County was 90% built out, and the question is what will the new regulations provide for the remaining 10%. The use of the new regulations will set the stage for redevelopment in the future as well as for new development. The current regulations are not comprehensive enough to address other issues in the overall plan. Mr. Hetzler stated the maintenance regulations will provide a tool for what is considered a nuisance. A gateway will be left open to allow the maintenance and acquisition of easements to be identified. Mr. Normann said the maintenance aspects of the regulations will help to resolve problems in existing areas. Retrofitting drainage management practices in existing areas is difficult because decisions have to be made on who will pay the costs. It will take time to move through a process of this type. Mr. Trefzger commented on the conditions and problems mentioned, and he stated these problems have occurred in other areas. He stressed the importance of everyone understanding that the proposed project is for development of Comprehensive Drainage Regulations and a Design NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 SPECIAL MEETING, APRIL 29, 1999 TO HEAR PROPOSALSPAGE 225 ON DRAINAGE REGULATIONS AND DESIGN MANUAL Manual. If the Board wants to address existing problems, the firm will be glad to perform a drainage study. The regulations and manual will not resolve existing problems. Chairman Caster expressed appreciation to the McKim & Creed for presenting their proposal. Mr. Hetzler expressed appreciation to the Board for allowing the firm to present a proposal. He said that McKim & Creed would like to prepare the documents for New Hanover County. ADJOURNMENT Chairman Caster adjourned the meeting at 11:45 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board